Strom v. Scios, Inc. et al

Filing 82

ORDER re: Filing of Second Amended Answer re 81 Stipulation filed by Johnson & Johnson, Inc., Scios, Inc.. Signed by Judge Charles R. Breyer on 3/23/2010. (be, COURT STAFF) (Filed on 3/23/2010)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP John M. Potter (Bar No. 165843) 2 [e-mail] Josh A. Cohen (Bar No. 217853) 3 [e-mail] 50 California Street, 22nd Floor 4 San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] Christopher Tayback (Bar No. 145532) [e-mail] 7 Ashley E. Martabano (Bar No. 236357) [e-mail] 8 865 South Figueroa Street, 10th Floor Los Angeles, California 90017-2543 9 Telephone: [phone] Facsimile: [phone] 10 11 Attorneys for Defendants SCIOS, INC. AND JOHNSON & JOHNSON 12 13 14 15 16 17 UNITED STATES ex rel STROM, 18 19 vs. Plaint iffs, CASE NO. C 05-3004 CRB STIPULATION AND [PROPOSED] ORDER RE: FILING OF SECOND AMENDED ANSWER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 6

20 SCIOS, INC. and JOHNSON & JOHNSON, 21 22 23 24 25 26 27 28
00459.50991/3376599.1
& RESETTING CASE

Defendants.

CASE NO. C 05-3004 CRB STIPULATION AND [PROPOSED] ORDER RE FILING OF SECOND AMENDED ANSWER

1 2 3

STIPULATION WHEREAS the United States filed its Complaint in this matter on June 11, 2009; WHEREAS Defendants Scios, Inc. and Johnson & Johnson filed a First Amended Answer

4 on February 5, 2010; 5 WHEREAS the First Amended Answer contains an Eleventh Affirmative Defense of

6 reliance on advice of counsel; 7 WHEREAS Defendants have elected to dismiss and/or waive with prejudice the Eleventh

8 Affirmative Defense of reliance on advice of counsel; 9 10 The undersigned counsel hereby stipulate and agree as follows: Pursuant to Federal Rule of Civil Procedure 15(a)(2), Defendants shall be permitted to file

11 a Second Amended Answer to the United States' Complaint that removes the Eleventh 12 Affirmative Defense of reliance on advice of counsel. 13 IT IS SO STIPULATED. QUINN EMANUEL URQUHART & SULLIVAN, LLP By /s/ Christopher Tayback CHRISTOPHER TAYBACK Attorneys for Defendants Scios, Inc. and Johnson & Johnson

14 Dated: March 16, 2010 15 16 17 18 19 20 21 22 23 24 25 26 27 28
00459.50991/3376599.1

Dated: March 16, 2010

By

/s/ Sara Winslow SARA WINSLOW JULIE A. ARBUCKLE Assistant United States Attorneys

CASE NO. C 05-3004 CRB -1STIPULATION AND [PROPOSED] ORDER RE FILING OF SECOND AMENDED ANSWER

1 Dated: March 16, 2010 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
00459.50991/3376599.1
MOTION

By

/s/ Renee Orleans RENÉE S. ORLEANS KIMBERLY FRIDAY Civil Division, U.S. Department of Justice

Dated: March 16, 2010

NOLAN & AUERBACH, P.A. LAW OFFICES OF MATTHEW PAVONE, Esq. By /s/ Matthew Pavone MATTHEW PAVONE Attorneys for Relator Joe Strom

ORDER Pursuant to stipulation, it is so ordered. Defendants may file their Second Amended Answer. Defendants' Eleventh Affirmative Defense of reliance on advice of counsel is waived and dismissed with prejudice. IT IS SO ORDERED. 23 Dated: March ___, 2010

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