Aland et al v. US WorldMeds LLC

Filing 28

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 03/15/23 EXTENDING date to respond with a Motion to Dismiss with the following briefing schedule: Deadline for the USWM to file its motion to dismiss (or to answer Complaint): 05/05/ 23; Deadline for Relator to file its opposition to any motion to dismiss: 06/05/23; Deadline for USWM to file any reply: 06/20/23; Hearing on any motion to dismiss: 08/17/23 at 2:00 p.m., or the next available hearing date convenient for the Court. (Benson, A.)

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GIBSON, DUNN & CRUTCHER LLP
BENJAMIN WAGNER, SBN 163581
[e-mail]
JONATHAN M. PHILLIPS (pro hac vice)
[e-mail]
1881 Page Mill Road
Palo Alto, California 94304-1211
Telephone:
650.849.5300
Facsimile:
650.849.5333
Attorneys for Defendant
US WorldMeds LLC

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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UNITED STATES OF AMERICA, the States of
ARKANSAS, CALIFORNIA, COLORADO,
CONNECTICUT, DELAWARE, FLORIDA,
GEORGIA, HAWAII, IOWA, ILLINOIS,
INDIANA, LOUISIANA, MARYLAND,
MASSACHUSETTS, MICHIGAN,
MINNESOTA, MONTANA, NEVADA, NEW
HAMPSHIRE, NEW JERSEY, NEW MEXICO,
NEW YORK, NORTH CAROLINA,
OKLAHOMA, RHODE ISLAND,
TENNESSEE, TEXAS, VERMONT,
VIRGINIA, WASHINGTON, and the
DISTRICT OF COLUMBIA, ex rel. THOMAS
ALAND,
Plaintiffs,

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CASE NO. 2:19-cv-02618-TLN-KJN

STIPULATION AND ORDER FOR
EXTENSION OF TIME FOR
DEFENDANT TO RESPOND TO THE
COMPLAINT AND FOR BRIEFING
SCHEDULE
Judge:

Hon. Troy L. Nunley

Trial Date:

None set

Action Filed:

December 27, 2019

v.
US WORLDMEDS LLC,
Defendant.

WHEREAS, on December 27, 2019, Relator Thomas Aland (“Relator”) brought suit in this
Court against Defendant US WorldMeds LLC (“USWM”) by filing a Complaint on behalf of the
United States of America as well as multiple states;
WHEREAS, the United States of America declined to intervene in this action on December 1,
2022, and the various states declined to intervene in this action on December 2, 2022;

Gibson, Dunn &
Crutcher LLP

STIPULATION AND ORDER FOR EXTENSION OF TIME
CASE NO. 2:19-CV-02618-TLN-KJN

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WHEREAS, the Complaint was unsealed on December 5, 2022, and Relator served USWM
with the Complaint on March 6, 2023;
WHEREAS, USWM currently intends to respond to the Complaint with a motion to dismiss
pursuant to Federal Rule of Civil Procedure 12;
WHEREAS, the parties wish to stipulate to an extension of time for USWM to respond to the
Complaint, and to set a briefing schedule for USWM’s motion to dismiss; and

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WHEREAS, no party has previously sought any extension of time in this action;

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NOW, THEREFORE, under Local Rules 143 and 144, the parties stipulate to the following

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briefing schedule on the USWM’s forthcoming motion to dismiss, subject to approval of the Court:


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May 5, 2023: Deadline for the USWM to file its motion to dismiss (or to answer the
Complaint, should it choose to do that);

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

June 5, 2023: Deadline for Relator to file its opposition to any motion to dismiss;

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

June 20, 2023: Deadline for USWM to file any reply brief in support of any motion to

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dismiss;


Hearing on any motion to dismiss filed by USWM on August 17, 2023 at 2:00 p.m., or the
next available hearing date convenient for the Court.

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Dated: March 15, 2023

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GIBSON, DUNN & CRUTCHER LLP
By: /s/ Benjamin Wagner__________________________
Benjamin Wagner

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Attorneys for Defendant
US WorldMeds LLC

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Dated: March 15, 2023

By: /s/ Richard M. Elias (as authorized on March 15, 2023)
Richard M. Elias
James D. Weakley

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Attorneys for Relator
Thomas Aland

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Gibson, Dunn &
Crutcher LLP

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STIPULATION AND ORDER FOR EXTENSION OF TIME
CASE NO. 2:19-CV-02618-TLN-KJN

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IT IS SO ORDERED.

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Dated: March 15, 2023
Troy L. Nunley
United States District Judge

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Gibson, Dunn &
Crutcher LLP

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STIPULATION AND ORDER FOR EXTENSION OF TIME
CASE NO. 2:19-CV-02618-TLN-KJN