Strom v. Scios, Inc. et al

Filing 65

ORDER to Stay Discovery until 2/05/2010 re 62 Stipulation filed by United States of America Further Case Management Conference set for 2/5/2010 08:30 AM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 11/10/09. (be, COURT STAFF) (Filed on 11/10/2009)

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TONY WEST Assistant Attorney General JOSEPH P. RUSSONIELLO (CA Bar No. 44332) United States Attorney JOANN M. SWANSON (CA Bar No. 88143) Chief, Civil Division SARA WINSLOW (DC Bar No. 457643) JULIE A. ARBUCKLE (CA Bar No. 193425) Assistant United States Attorneys 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: [phone] (Winslow) [phone] (Arbuckle) Facsimile: [phone] [e-mail] [e-mail] JOYCE R. BRANDA PATRICIA R. DAVIS RENÉE S. ORLEANS 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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STIPULATION TO STAY DISCOVERY; [PROPOSED] ORDER - C 05-3004 CRB

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION UNITED STATES ex rel. STROM, Plaintiffs, v. SCIOS, INC. and JOHNSON & JOHNSON, ) No. C 05-3004 CRB ) ) STIPULATION TO STAY DISCOVERY; ) [PROPOSED] ORDER ) ) ) ) ) ) )

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Plaintiffs (the United States of America and Relator Joe Strom) and Defendants (Scios, Inc. and Johnson & Johnson), through their undersigned counsel of record, hereby respectfully request and stipulate that the Court set a case management conference in February 2010, and stay the commencement of discovery in this case until after the conference. 1. This case is brought under the False Claims Act ("FCA"), 31 U.S.C. §§ 3729-33. It was originally filed by Relator Strom pursuant to the qui tam provisions of the FCA. The United States intervened on February 11, 2009 and filed its complaint in intervention on June 11, 2009, superseding the complaint previously filed by Relator. 2. The Court held an initial case management conference on August 21, 2009, and ordered that discovery be stayed until November 20, 2009, the date that Defendants' motion to dismiss is to be heard. 3. The parties now request that a further case management conference be held on February 5, 2010, and that discovery be further stayed until that time. 4. The need for a further stay involves a matter which is not public, and the undersigned government attorneys are not authorized to disclose it publicly. Accordingly, the United States is concurrently seeking leave to submit a declaration in camera and under seal explaining the need for a further stay. The general substance of the declaration has been shared with Relator and Defendants, and neither Relator nor Defendants object to the United States' request to submit the declaration in camera and under seal. IT IS SO STIPULATED. Respectfully submitted, TONY WEST Assistant Attorney General JOSEPH P. RUSSONIELLO United States Attorney

STIPULATION TO STAY DISCOVERY; [PROPOSED] ORDER - C 05-3004 CRB

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1 Dated: November 6, 2009 2 3 4 Dated: November 6, 2009 5 6 7 Attorneys for the United States 8 9 10 Dated: November 3, 2009 11 12 13 14 15 16 17 18 19 [PROPOSED] ORDER 20 Pursuant to stipulation and for good cause shown, IT IS HEREBY ORDERED that: 21 1. A further case management conference shall be held on February 5, 2010 at 8:30 a.m. 22 2. Discovery in this case shall be stayed until a further order is issued at the February 5, 23 2010 case management conference. 24 25 26 27 28 N ____ ber 10, 2009 Dated: ___ovem______________ IT IS SO ORDERED. Attorneys for Defendants Scios, Inc. and Johnson & Johnson Dated: November 5, 2009 By: /s/ signature on file JOHN POTTER, Esq. QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP By: /s/ signature on file KENNETH J. NOLAN, Esq. MARCELLA AUERBACH, Esq. MATTHEW B. PAVONE, Esq. Attorneys for Qui Tam Plaintiff Joe Strom NOLAN & AUERBACH, P.A. LAW OFFICES OF MATTHEW PAVONE By: /s/ signature on file JOYCE R. BRANDA PATRICIA R. DAVIS RENÉE S. ORLEANS Civil Division, U.S. Department of Justice By: /s/ signature on file SARA WINSLOW JULIE A. ARBUCKLE Assistant United States Attorneys

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______________________________ HON. CHARLES R. BREYER United States District Judge er R. Brey Charles Judge

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