Strom v. Scios, Inc. et al

Filing 189

ORDER re 188 Status Report filed by United States of America Status Report due by 12/14/2012. Status Conference reset for 12/21/2012 08:30 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Signed by Judge Charles R. Breyer on 9/11/2012. (beS, COURT STAFF) (Filed on 9/12/2012)

Case3:05-cv-03004-CRB Document188 Filed09/10/12 Page1 of 3

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STUART F. DELERY
Acting Assistant Attorney General

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JOSHUA B. EATON (CA Bar No. 196887)
Attorney for the United States,
Acting Under Authority Conferred by 28 U.S.C. §515
SARA WINSLOW (DC Bar No. 457643)
Acting Chief, Civil Division
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]

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DANIEL R. ANDERSON
JAMIE A. YAVELBERG
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]

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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
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UNITED STATES OF AMERICA, ex rel.
STROM

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

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Joint Status Report, No. C 05-3004 CRB (JSC)

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Case No. C 05-3004 CRB (JSC)

JOINT STATUS REPORT

ORDER

Case3:05-cv-03004-CRB Document188 Filed09/10/12 Page2 of 3

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

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Inc. and Johnson & Johnson, respectfully submit this Joint Status Report.
1. On June 22, 2012, the Court issued an order based on the parties’ stipulation that this

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case be stayed and that all dates and deadlines be vacated.
2. The Court’s June 22, 2012 Order also set a status conference for September 28, 2012

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at 8:30 a.m. and ordered a joint status report be due no later than September 14, 2012.
3. As publicly reported by Johnson & Johnson, the United States and Defendants have

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reached a proposed agreement to resolve this matter. The parties are prepared to recommend the

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proposed settlement for approval with the requisite authorities. The proposed settlement is part

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of a global resolution that will resolve other matters as well.
4. The parties are in the process of negotiating a settlement agreement and resolving

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other issues related to this resolution.
5. Thus, the parties need additional time to complete this process and request that the

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Court reschedule the September 28, 2012 status conference to December 21, 2012, with another

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status report due on December 14, 2012.
6. Should the settlement be resolved prior to December 14, 2012, the parties will so

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notify the Court.
Respectfully submitted,

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STUART F. DELERY
Acting 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: September 10, 2012

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//

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//

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Joint Status Report, No. C 05-3004 CRB (JSC)

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

Case3:05-cv-03004-CRB Document188 Filed09/10/12 Page3 of 3

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Dated: September 10, 2012

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By: /s/ signature on file
DANIEL R. ANDERSON
JAMIE R. YAVELBERG
RENÉE S. ORLEANS
KIMBERLY I. FRIDAY
Civil Division, U.S. Department of Justice

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Attorneys for the United States

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

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Dated: September 10, 2012

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QUINN EMANUEL URQUHART & SULLIVAN,
LLP

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By: /s/ signature on file
KENNETH J. NOLAN, Esq.
MARCELLA AUERBACH, Esq.
Pro Hac Vice
MATTHEW B. PAVONE, Esq.
Attorneys for Qui Tam Plaintiff Joe Strom

Dated: September 10, 2012

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By: /s/ signature on file
JOHN POTTER, Esq.
DIANE DOOLITTLE, Esq.
NICOLE ALTMAN, Esq.
Attorneys for Defendants Scios, Inc. and
Johnson & Johnson Inc.

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[PROPOSED] ORDER
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Pursuant to the parties’ request, IT IS SO ORDERED. The status conference currently

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scheduled for September 28, 2012 at 8:30 a.m. shall be vacated and rescheduled for December
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stay entered in the case continues.

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Joint Status Report, No. C 05-3004 CRB (JSC)

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ERED
_________________________________________
O ORD
S SBREYER
IT I
HON. CHARLES R.
United States District Judge
er
R. Brey
Charles
Judge
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Dated: Sept. 11, 2012
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21, 2012 at 8:30 a.m. A joint status report is due no later than December 14, 2012. The previous

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