Solis v. Millennium Pharmaceuticals, Inc. et al

Filing 39

ORDER signed by Chief Judge Morrison C. England, Jr on 12/20/12 re States' Notice of Election to Decline Intervention. (Manzer, C)

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KAMALA D. HARRIS
Attorney General of the State of California
DANE GILLETTE
Chief Assistant Attorney General
MARK GEIGER
Senior Assistant Attorney General
BRIAN V. FRANKEL
Supervising Deputy Attorney General
California State Bar No. 116802
Bureau of Medi-Cal Fraud and Elder Abuse
Office of the Attorney General
1455 Frazee Road, Suite 315
San Diego, CA 92108
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

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Attorneys for the State of California
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA and the
STATES OF ARKANSAS, CALIFORNIA,
DELAWARE, DISTRICT OF COLUMBIA,
FLORIDA, GEORGIA, HAWAII, ILLINOIS,
INDIANA, LOUISIANA, MASSACHUSETTS,
MICHIGAN, MONTANA, NEVADA, NEW
HAMPSHIRE, NEW JERSEY, NEW MEXICO,
NEW YORK, OKLAHOMA, RHODE ISLAND,
TENNESSEE, TEXAS, VIRGINIA, and
WISCONSIN, ex rel. FRANK SOLIS,

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2:09 - CV - 3010 MCE JFM

Plaintiffs,

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ORDER ON THE
STATES’ NOTICE OF ELECTION TO
DECLINE INTERVENTION
Judge: Hon. Morrison C. England, Jr.

v.
MILLENNIUM PHARMACEUTICALS, INC.;
SCHERING-PLOUGH CORP.,
Defendants.

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[Proposed] Order (2:09-CV-3010 MCE JFM)

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The State of California having declined to intervene in this action pursuant to the California

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False Claims Act, California Government Code § 12652(c)(6)(B), and the States of Arkansas,

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Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Louisiana, Massachusetts, Michigan,

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Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oklahoma, Rhode

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Island, Tennessee, Virginia, and Wisconsin, and the District of Columbia (collectively, along with

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the State of California, referred to hereinafter as “the States”) having declined to intervene in this

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action pursuant to their respective statutes, the Court rules as follows:

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1. The Complaint, any amended Complaints, the States’ Notice of Election to Decline
Intervention, and this Order shall be unsealed as of the date of this Order. The United States’

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notice of election to decline intervention and corresponding Order shall also be unsealed, in

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accordance with the United States’ request. All other contents of the Court’s file in this action

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shall remain under seal and not be made public or served upon the defendants.

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2. The seal shall be lifted as to all other matters occurring in this action after the date of
this Order.
3. The last effective Complaint, the States’ Notice of Election to Decline Intervention, and

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this Order, as well as the United States’ notice of election to decline intervention and

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corresponding Order, shall be served upon the defendants by the relator.

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4. The parties shall serve all pleadings and motions filed in this action, including

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supporting memoranda, upon the States, as provided for in their respective statutes. The States

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may order any deposition transcripts, and are entitled to intervene in this action, for good cause, at

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any time, to the extent allowed by their respective statutes.

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5. All orders of this Court shall be sent to the States.

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[Proposed] Order (2:09-CV-3010 MCE JFM)

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6. Should the relator or the defendants propose that this action be dismissed, settled, or

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otherwise discontinued, the Court will solicit the written consent of the States before ruling or

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granting its approval.

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IT IS SO ORDERED.

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Dated: December 20, 2012

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_________________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT COURT

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DEAC_Signature-END:

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c4d6b0d3

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[Proposed] Order (2:09-CV-3010 MCE JFM)