Strom v. Scios, Inc. et al

Filing 113

ORDER re 112 Stipulation filed by United States of America. Signed by Magistrate Judge Jacqueline Scott Corley on 5/27/2011. (ahm, COURT STAFF) (Filed on 5/27/2011)

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TONY WEST
Assistant Attorney General
JOSHUA B. EATON (CA Bar No. 196887)
Attorney for the United States,
Acting Under Authority Conferred by 28 U.S.C. §515
JOANN M. SWANSON (CA Bar No. 88143)
Chief, Civil Division
SARA WINSLOW (DC Bar No. 457643)
JULIE A. ARBUCKLE (CA Bar No. 193425)
THOMAS R. GREEN (CA Bar No. 203480)
Assistant United States Attorneys
450 Golden Gate Avenue, Box 36055
San Francisco, California 94102
Telephone: [phone] (Winslow)
[phone] (Arbuckle)
[phone] (Green)
Facsimile: [phone]
[e-mail]
JOYCE R. BRANDA
PATRICIA R. DAVIS
RENÉE S. ORLEANS
KIMBERLY I. FRIDAY
Attorneys
Civil Division
United States Department of Justice
P.O. Box 261
Ben Franklin Station
Washington, D.C. 20044
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for the United States of America

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
UNITED STATES ex rel. STROM,

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Plaintiffs,
v.
SCIOS, INC. and
JOHNSON & JOHNSON,
Defendants.

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STIP. TO CONTINUE HEARING, No. C 05-3004 CRB (JSC)

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No. C 05-3004 CRB (JSC)
STIPULATION AND REQUEST TO
CONTINUE HEARING ON UNITED
STATES’ MOTION TO COMPEL
CROSS-EXAMINATION OF
DEPOSITION WITNESS RICHARD
BREWER; [PROPOSED] ORDER
Date: June 2, 2011
Time: 9:00 a.m.
Courtroom D, 15th Floor
Magistrate Judge Jacqueline Scott Corley

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Plaintiffs, the United States of America and Relator Joe Strom; Defendants, Scios, Inc.

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and Johnson & Johnson; and Third-Party Witness Richard Brewer, through their undersigned

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counsel of record, hereby stipulate and agree as follows:

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1. The hearing on the United States’ Motion to Compel Cross-Examination of

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Deposition Witness Richard Brewer (Dkt. No. 94) was previously set for June 8, 2011 and was

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reset for June 2, 2011 after being reassigned to Magistrate Judge Jacqueline Scott Corley.

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2. The undersigned government counsel is unavailable to appear for the hearing on June
2, 2011 due to previously scheduled business travel.

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3. Counsel for the parties are all available to attend the hearing if it is continued to June
9, 2011.

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4. Counsel for Mr. Brewer are available to attend the hearing telephonically on June 9,
2011.
5. Accordingly, we request that the hearing be continued to June 9, 2011 and that counsel

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for Mr. Brewer be permitted to participate by telephone (via attorney Kip Mendrygal, direct dial

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214-740-8106).

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IT IS SO STIPULATED.

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Respectfully submitted,

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TONY WEST
Assistant Attorney General

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JOSHUA B. EATON
Attorney for the United States, Acting
Under Authority Conferred by 28 U.S.C. §515

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Dated: May 25, 2011

By:

/s/ signature on file
SARA WINSLOW
JULIE A. ARBUCKLE
THOMAS R. GREEN
Assistant United States Attorneys

Dated: May 25, 2011

By:

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/s/ signature on file
JOYCE R. BRANDA
PATRICIA R. DAVIS
RENÉE S. ORLEANS
KIMBERLY I. FRIDAY
Civil Division, U.S. Department of Justice

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Attorneys for the United States of America

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STIP. TO CONTINUE HEARING, No. C 05-3004 CRB (JSC)

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NOLAN & AUERBACH, P.A.
LAW OFFICES OF MATTHEW PAVONE

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Dated: May 25, 2011

By:

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/s/ signature on file
KENNETH J. NOLAN
MARCELLA AUERBACH
MATTHEW B. PAVONE
Attorneys for Qui Tam Plaintiff Joe Strom

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QUINN EMANUEL URQUHART OLIVER
& SULLIVAN, LLP

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Dated: May 26, 2011

By:

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/s/ signature on file
JOHN POTTER
Attorneys for Defendants Scios, Inc. and
Johnson & Johnson Inc.

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FISH & RICHARDSON PC

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Dated: May 26, 2011

By:

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/s/ signature on file
WILLIAM B. MATEJA
LOCKE LORD BISSELL & LIDDELL, LLP

Dated: May 26, 2011

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By:

/s/ signature on file
CHRISTOPHER J. BLAKES
KIP E. MENDRYGAL
Attorneys for Third-Party Witness Richard Brewer

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[PROPOSED] ORDER
Pursuant to stipulation, the hearing on the United States’ Motion to Compel CrossExamination of Deposition Witness Richard Brewer (Dkt. No. 94) is continued from June 2,
2011 to June 9, 2011 at 9:00 a.m. in Courtroom D, 15th Floor, San Francisco, before Magistrate
Judge Jacqueline Scott Corley. Counsel for Mr. Brewer may appear telephonically.
IT IS SO ORDERED.

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May 27, 2011
Dated: ____________

______________ _________________________________
JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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STIP. TO CONTINUE HEARING, No. C 05-3004 CRB (JSC)

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