Doe et al v. Nexxt Spine, Inc. et al

Filing 53

ORDER signed by District Judge Leslie E. Kobayashi on 11/3/2020 re 52 notice of election to decline intervention by State of California. (Zignago, K.)

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XAVIER BECERRA

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Attorney General of California
VINCENT DICARLO
Supervising Deputy Attorney General
JENNIFER S. GREGORY, State Bar No. 228593
Deputy Attorney General
2329 Gateway Oaks Drive, Suite 200
Sacramento, CA 95833
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

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Attorneys for Plaintiff State of California

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 2:16-CV 2178 LEK

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UNITED STATES OF AMERICA; STATE
OF CALIFORNIA; ex rel. JANE DOE,

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Plaintiffs,

ORDER RE: STATE OF CALIFORNIA’S
NOTICE OF ELECTION TO DECLINE
INTERVENTION

v.

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NEXXT SPINE, LLC; SUTTER MEDICAL
CENTER; GEORGE PICETTI, M.D.; and
DOES 1 through 25,

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Defendants.
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The State of California (“California”), having declined to intervene in this action, and
pursuant to California’s False Claims Act, the Court rules as follows.

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IT IS HEREBY ORDERED that:

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1. The qui tam Plaintiff shall serve the Complaint upon the Defendants.

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2. The qui tam Plaintiff shall serve this Order and the accompanying Notice of Election to

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Decline Intervention upon the Defendants after service of the Complaint.
3. The parties shall serve all pleadings, motions, and appeals filed in this action, including
supporting memoranda, upon California.
4. All orders of this Court shall be sent to California.
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[PROPOSED] ORDER RE: STATE OF CALIFORNIA’S
NOTICE OF ELECTION TO DECLINE INTERVENTION

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5. California may order any deposition transcripts, intervene at a later date for good cause
shown, or move to dismiss qui tam Plaintiff’s Complaint or claims.

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6. Should the qui tam Plaintiff or any Defendant propose that this action be dismissed,

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settled, or otherwise discontinued, the Court will provide California with notice and an

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opportunity to be heard before ruling or granting its approval.

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IT IS SO ORDERED.

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Dated: November 3, 2020

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[PROPOSED] ORDER RE: STATE OF CALIFORNIA’S
NOTICE OF ELECTION TO DECLINE INTERVENTION