Strom v. Scios, Inc. et al

Filing 141

ORDER re 140 Stipulation filed by Johnson & Johnson, Inc., Scios, Inc. Signed by Magistrate Judge Jacqueline Scott Corley on 10/7/2011. (ahm, COURT STAFF) (Filed on 10/7/2011)

1 QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP
John M. Potter (Bar No. 165843)
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[e-mail]
Diane M. Doolittle (Bar No. 142046)
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[e-mail]
Elizabeth A. Morgan (Bar No. 270824)
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[e-mail]
50 California Street, 22nd Floor
5 San Francisco, California 94111
Telephone:
[phone]
6 Facsimile:
[phone]
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Christopher Tayback (Bar No. 145532)
[e-mail]
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Ashley E. Martabano (Bar No. 236357)
[e-mail]
9 865 South Figueroa Street, 10th Floor
Los Angeles, California 90017-2543
10 Telephone:
[phone]
Facsimile:
[phone]
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12 Attorneys for Defendants
JOHNSON & JOHNSON AND SCIOS, INC.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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17 UNITED STATES ex rel STROM,
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Plaintiffs,
vs.

20 SCIOS INC. and JOHNSON & JOHNSON,
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CASE NO. C 05-3004 CRB

Defendants.

STIPULATION AND [PROPOSED]
ORDER EXTENDING TIME IN WHICH
THE PARTIES MUST MOVE TO
COMPEL FACT-RELATED DISCOVERY
AND FOR EXPERT DISCOVERY
Trial Date:

None Set

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00459.50991/4384381.1

CASE NO. C 05-3004 CRB
STIPULATION AND [PROPOSED] ORDER EXTENDING TIME IN WHICH
PARTIES MUST MOVE TO COMPEL AND FOR EXPERT DISCOVERY

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WHEREAS, the United States filed its Complaint in this matter on June 11, 2009; and

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WHEREAS, the fact-discovery cutoff in this case was September 30, 2011; and

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WHEREAS, pursuant to Local Rule 37-3, the deadline by which the parties must move to

4 compel on any fact-discovery related issues is currently October 7, 2011; and
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WHEREAS, the court requires the party to submit joint discovery letters no longer than

6 five pages in place of traditional discovery motions; and
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WHEREAS, the United States sought an extension of time in which to respond to

8 Defendants’ Fourth Set of Interrogatories; and
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WHEREAS, the Defendants agreed to such extension on the condition that the parties

10 stipulate and agree to extend Defendants’ deadline to seek relief regarding the United States’
11 Responses to Defendants’ Fourth Set of Interrogatories until October 28, 2011; and
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WHEREAS, the United States has agreed to supplement its Responses to Defendants’

13 Fourth Set of Interrogatories, Nos. 10-13, by Friday, October 7, 2011; and
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WHEREAS, the United States has agreed to provide further information relating to its

15 assertion of the deliberative process privilege; and
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WHEREAS, the parties, through their undersigned counsel, have agreed that Defendants

17 shall have until seven calendar days after the United States provides such additional information to
18 notify the United States that they intend to ask the Court to overturn the privilege; upon
19 notification, Defendants will then have seven calendar days to provide their portion of the joint
20 discovery letter relating to the deliberative process privilege; the United States will then have
21 seven calendar days to provide its responsive portion; and the parties will have an additional seven
22 calendar days to make any final revisions; and
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WHEREAS, the parties, through their undersigned counsel, met and conferred about all

24 outstanding discovery issues on October 3, 2011, including the parties’ September 30, 2011
25 responses to various discovery requests, and have further agreed to the following briefing schedule
26 for any discovery letters to be filed with the court on any issues about which the parties met and
27 conferred on October 3, 2011:
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00459.50991/4384381.1

Moving Party to provide its portion to Opposing Party by October 12, 2011;
CASE NO. C 05-3004 CRB
-1STIPULATION AND [PROPOSED] ORDER EXTENDING TIME IN WHICH
PARTIES MUST MOVE TO COMPEL AND FOR EXPERT DISCOVERY

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Opposing Party to provide its responsive portion to Moving Party by October 21, 2011;

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Moving Party to make any final revisions and provide to Opposing Party for finalization

3 by October 25, 2011;
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Moving Party shall file with the Court by October 28, 2011.

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WHEREAS, the parties, recognizing the impact of this schedule on the pending expert

6 discovery deadlines, through their undersigned counsel, have agreed and stipulated to change the
7 expert disclosure deadlines to the following:
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Designation of Experts

November 30, 2011

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Designation of Rebuttal Experts

January 6, 2012

Expert discovery cut-off

February 3, 2012

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IT IS HEREBY ORDERED THAT:

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Defendants shall have until October 28, 2011 to seek relief relating to the United States’

13 Responses to Defendants’ Fourth Set of Interrogatories, Nos. 10-13; and
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IT IS FURTHER ORDERED THAT:

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With respect to the United States’ assertions of deliberative process privilege, Defendants

16 shall have until seven calendar days after the United States provides States provides additional
17 information to notify the United States that they intend to ask the Court to overturn the privilege;
18 upon notification, Defendants will then have seven calendar days to provide their portion of the
19 joint discovery letter relating to the deliberative process privilege; the United States will then have
20 seven calendar days to provide its responsive portion; and the parties will have an additional seven
21 calendar days to make any final revisions; and
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IT IS FURTHER ORDERED THAT:

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The Parties shall file any outstanding motions to compel fact-related discovery on issues

24 about which the parties met and conferred on October 3, 2011, according to the schedule set forth
25 above.
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IT IS FURTHER ORDERED THAT:

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The expert disclosure deadlines in the case shall be the following:

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Designation of Experts

00459.50991/4384381.1

MOTION

November 30, 2011

CASE NO. C 05-3004 CRB
-2STIPULATION AND [PROPOSED] ORDER EXTENDING TIME IN WHICH
PARTIES MUST MOVE TO COMPEL AND FOR EXPERT DISCOVERY

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Designation of Rebuttal Experts

January 6, 2012

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Expert discovery cut-off

February 3, 2012

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IT IS SO ORDERED.

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Dated: October __, 2011

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Hon. Jacqueline Scott Corley
United States Magistrate Judge

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10 Dated: October 6, 2011
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QUINN EMANUEL URQUHART OLIVER &
HEDGES, LLP
By

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/s/ signature on file
John M. Potter

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Attorneys for Defendants Johnson & Johnson Inc.
and Scios Inc.

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16 Dated: October 6, 2011

By

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

By

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

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Dated: October 6, 2011
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Attorneys for the United States

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00459.50991/4384381.1

MOTION

CASE NO. C 05-3004 CRB
-3STIPULATION AND [PROPOSED] ORDER EXTENDING TIME IN WHICH
PARTIES MUST MOVE TO COMPEL AND FOR EXPERT DISCOVERY

1 Dated: October 6, 2011

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

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By

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/s/ signature on file
MATTHEW PAVONE
Attorneys for Qui Tam Plaintiff Joe Strom

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00459.50991/4384381.1

MOTION

CASE NO. C 05-3004 CRB
-4STIPULATION AND [PROPOSED] ORDER EXTENDING TIME IN WHICH
PARTIES MUST MOVE TO COMPEL AND FOR EXPERT DISCOVERY