Phan v. Medtronic Inc

Filing 33

ORDER signed by Judge John A. Mendez on 1/4/2016 UNSEALING the 16 First Amended Complaint; ORDERING that said complaint be served upon the defendant by the relators; ORDERING that all other contents of the Court's file in this action remain un der seal, except for this Order and the United States' 32 Notice of Election to Decline Intervention, which is to be served upon the defendant by the relators only after service of the 16 First Amended Complaint; LIFTING the seal as to all o ther matters occurring in this action after the date of this Order; ORDERING the parties to serve all pleadings and motions filed in this action upon the United States; PERMITTING the United States to order any deposition transcripts; FINDING that th e United States is entitled to intervene in this action, for good cause, at any time; ORDERING the parties to serve all notices of appeal upon the United States; INFORMING all parties that the Court will provide the United States with notice and an opportunity to be heard before ruling or granting any proposition that this action be dismissed. (Michel, G.)

1 BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
2 MICHAEL D. GRANSTON
JAMIE A. YAVELBERG
3 COLIN M. HUNTLEY
Attorneys, Civil Division
4 United States Department of Justice
P.O. Box 261
5 Ben Franklin Station
Washington, DC 20044
6 Telephone: [phone]
E-mail: [e-mail]
7
BENJAMIN B. WAGNER
8 United States Attorney
CATHERINE J. SWANN
9 Assistant United States Attorney
501 I Street, Suite 10-100
10 Sacramento, CA 95814
Telephone: [phone]
11 Facsimile: [phone]
Email: [e-mail]
12
Attorneys for the United States
13
IN THE UNITED STATES DISTRICT COURT
14
IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA
15
16

UNITED STATES OF AMERICA, ex rel.,
KELLY NGUYEN, et al.,

CASE NOS. 2:13-cv-0806 JAM KJN /
2:14-cv-0419 JAM KJN

17
Plaintiffs,
18

ORDER ON UNITED STATES’ NOTICE OF
ELECTION TO DECLINE INTERVENTION

19

vs.

20

MEDTRONIC, INC.,

21

FILED IN CAMERA AND UNDER SEAL
Defendant.

22
23

UNITED STATES OF AMERICA, ex rel.,
IRVING PHAN, et al.,

24

Plaintiffs,

25

vs.

26

MEDTRONIC, INC.,

27

Defendant.

28
[Proposed] Order on United States’ Notice
of Election to Decline Intervention

1

1 The United States having declined to intervene in this action pursuant to the False Claims Act, 31 U.S.C.
2 § 3730(b)(4)(B), the Court rules as follows:
3 IT IS ORDERED that,
4

1.

The operative complaint be unsealed and served upon defendant by relators;

5

2.

All other contents of the Court's file in this action remain under seal and not be made

6

public or served upon the defendant, except for this Order and the United States’ Notice of

7

Election to Decline Intervention, which relators will serve upon defendant only after service of

8

the complaint;

9

3.

The seal be lifted as to all other matters occurring in this action after the date of this

10

Order;

11

4.

12

memoranda, upon the United States, as provided for in 31 U.S.C. § 3730(c)(3). The United

13

States may order any deposition transcripts and is entitled to intervene in this action, for good

14

cause, at any time;

15

5.

The parties shall serve all notices of appeal upon the United States;

16

6.

All orders of this Court shall be sent to the United States; and that

17

7.

Should relators or defendant propose that this action be dismissed, settled, or otherwise

18

discontinued, the Court will provide the United States with notice and an opportunity to be heard

19

before ruling or granting its approval.

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

20
21

IT IS SO ORDERED.

22
23 DATE: 1/4/2016
/s/ John A. Mendez______________
HONORABLE JOHN A. MENDEZ
United States District Court Judge

24
25
26
27
28
[Proposed] Order on United States’ Notice
of Election to Decline Intervention

2

CERTIFICATE OF SERVICE BY MAIL

1
2

The undersigned hereby certifies that she is an employee in the Office of the United States

3 Attorney for the Eastern District of California and is a person of such age and discretion as to be
4 competent to serve papers.
5
6

That on December 29, 2015, she served a copy of:
[PROPOSED] ORDER ON UNITED STATES’ NOTICE OF ELECTION
TO DECLINE INTERVENTION

7
by placing said copy in a postpaid envelope addressed to the person(s) hereinafter named, at the place(s)
8
and address(es) listed below, which is/are the last known address(es), and by depositing said envelope in
9
the United States mail at Sacramento, California.
10
ADDRESSES:
11
12
13
14
15

WATERS, KRAUS PAUL
Louisa O. Kirakosian
222 N. Sepulveda Blvd, Suite 1900
El Segundo, CA 90245
WATERS, KRAUS PAUL
Michael L. Armitage
222 N. Sepulveda Blvd, Suite 1900
El Segundo, CA 90245

16
17
18
19
20
21
22

BEASLEY ALLEN
Archie I. Grubb, II
218 Commerce Street
PO Box 4160 (36103)
Montgomery, AL 36104
Jennifer Gregory
(Liaison for the Named States and D.C.)
DOJ/Office of the Attorney General
1425 River Park Dr Ste 300
Sacramento, CA 95815

23

/s/ Pam Beauvais
PAM BEAUVAIS

24
25
26
27
28
[Proposed] Order on United States’ Notice
of Election to Decline Intervention

3