Hood et al v. Amgen, Inc. et al

Filing 47

ORDER signed by Senior Judge William B. Shubb on 6/22/21 GRANTING 38 plaintiff-relator's Motion to Stay Proceedings. The parties shall file a joint status report within 14 days after arbitration is completed to inform the court whether any issues remain for this court's resolution. All dates are VACATED. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TERESA HOOD,
Plaintiff-Relator,

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No. 2:18-cv-02981-WBS-AC

v.

ORDER RE: MOTION TO STAY
ACTION PENDING ARBITRATION

AMGEN INC., et al.,
Defendant.

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On May 21, 2021, plaintiff-relator filed a notice of

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voluntary dismissal without prejudice of the following counts:

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Count 1 (Federal False Claims Act - 31 U.S.C. § 3279(a)(1)(A));

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Count 2 (Federal False Claims Act - 31 U.S.C. § 3729(a)(1)(B));

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Count 3 (California Insurance Frauds Prevention Act – Insurance

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Code § 1871.7); Count 4 (California False Claims Act, Cal. Gov’t.

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Code §§ 12651 (a)(1) and (a)(2)); and Count 5 (Texas False Claims

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Act/Medicaid Fraud Prevention Act, Tex. Hum. Res. Code Ann. § §

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32.039, 36.001–36.132).

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dismissed these claims without prejudice on June 4, 2021.

(See Docket No. 37.)

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The court
(See

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Docket No. 41.)

The only remaining count – Count 6 (Retaliation

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in Violation of the Federal False Claims Act (31 U.S.C. §

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3730(h)) – is subject to an arbitration agreement, of which

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plaintiff-relator only recently became aware.

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at ¶ 4.)

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Department of Insurance are not interested parties to Count 6 of

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the complaint.

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stay Count 6 during the arbitration process.

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11.)

(See Docket No. 38

The United States, California, Texas and the California

(See id. at ¶ 5.)

Plaintiff-Relator now seeks to
(See id. at ¶¶ 10–

Plaintiff-Relator also requests that the court retain

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jurisdiction of the matter and that any party may file a petition

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with this court to enforce the arbitrator’ decision.

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(See id.)

The court believes that an order staying this case,

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rather than dismissing it outright as Amgen suggests, is

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appropriate.

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power inherent in every court to control the disposition of the

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cases on its docket with economy of time and effort for itself,

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for counsel, and for litigants.”

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248, 254 (1936).

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issue stays where such a stay would be a proper exercise of

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discretion.

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Consideration of such a stay calls for “the exercise of judgment

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which must weigh competing interests and maintain an even

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balance.”

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issued without prejudice to defendant moving to dismiss this

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action following arbitration if any issues remain.

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The power to stay proceedings “is incidental to the

Landis v. N. Am. Co., 299 U.S.

District courts ordinarily have authority to

See Rhines v. Weber, 544 U.S. 269, 276 (2005).

See Landis, 299 U.S. at 254–55.

This order to stay is

IT IS THEREFORE ORDERED that plaintiff-relator’s Motion
to Stay Proceedings, (Docket No. 38), is hereby GRANTED.
The parties shall file a joint status report within 14
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days after arbitration is completed to inform the court whether

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any issues remain for this court’s resolution.

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vacated.

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IT IS SO ORDERED.
Dated:

June 22, 2021

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All dates are