Bailey et al v. Gatan, Inc. et al

Filing 55

ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/3/2014 GRANTING IN PART 48 Motion to Compel further production of documents; ORDERING the relators to produce for inspection and copying within fourteen days, the documents submitted for i n camera review; DENYING the remainder of 48 Motion to Compel further production of documents; GRANTING IN PART 48 Motion to Compel further responses to interrogatories; ORDERING relator Wade to provide further responses to nos. 2, 3, 4, 7, 8 , 10 within fourteen days; ORDERING relator Bailey to provide further responses to nos. 2, 3, 4, 10, 11 within fourteen days; DENYING the remainder of 48 Motion to Compel further responses to interrogatories; FINDING that an award of expenses is not warranted. (Michel, G)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 UNITED STATES OF AMERICA and STATE OF CALIFORNIA, ex. rel. BRENT BAILEY AND EMILY WADE, 13 Plaintiffs/Relators, 14 15 No. 2:12-cv-0106 MCE CKD ORDER v. GATAN, INC, et al., 16 Defendants. 17 Defendants’ motion to compel came on regularly for hearing. Collen Kennedy appeared 18 19 for plaintiff United States of America with Kelley Hauser appearing telephonically. Larry Raskin 20 appeared for plaintiff State of California. Daniel Bartley appeared for relators.1 Nicolas Kelsey 21 appeared for defendants. Upon review of the documents in support and opposition and in camera 22 review of the submitted documents, upon hearing the arguments of counsel, and good cause 23 appearing therefor, THE COURT FINDS AND ORDERS AS FOLLOWS: 24 1. The motion to compel further production of documents (ECF No. 48) is granted in part. 25 Within fourteen days from the date of this order, relators shall produce for inspection and copying 26 ///// 27 28 1 At the hearing, relator’s counsel submitted for in camera review Relators’ Confidential Disclosure Statement and Agreement Regarding Common Interest and Disclosure of Information. 1 1 the documents submitted for in camera review. The remainder of the motion to compel further 2 production of documents is denied. 3 2. The motion to compel further responses to interrogatories is granted in part: 4 a. Within fourteen days, relator Wade shall provide further responses to nos. 2, 3, 5 4, 7, 8, 10; relator Bailey shall provide further responses to nos. 2, 3, 4, 10, 11. If relators have no 6 personal knowledge of facts responsive to a specific interrogatory, then they should so state in the 7 further response. 8 9 10 b. The remainder of the motion to compel further responses to interrogatories is denied. 3. The court finds that in the circumstances of this case, an award of expenses is not 11 warranted. 12 Dated: July 3, 2014 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 13 14 15 16 4 bailey-gatan.oah 17 18 19 20 21 22 23 24 25 26 27 28 2

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