Strom v. Scios, Inc. et al

Filing 86

ORDER to Vacate CMC re 85 Stipulation filed by United States of America. Signed by Judge Charles R. Breyer on 4/2/2010. (be, COURT STAFF) (Filed on 4/5/2010)

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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 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 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION UNITED STATES ex rel. STROM, Plaintiffs, v. SCIOS, INC. and JOHNSON & JOHNSON, Defendants. ) ) ) ) ) ) ) ) ) ) ) No. C 05-3004 CRB STIPULATION AND REQUEST TO VACATE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER CMC Date: Time: April 9, 2010 8:30 a.m.

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Courtroom 8, 19th Floor

Plaintiffs, the United States of America and Relator Joe Strom, and Defendants, 28 Scios, Inc. and Johnson & Johnson, through their undersigned counsel of record, hereby stipulate
STIPULATION, No. C 05-3004 CRB

1 and agree as follows: 2 1. At the March 12, 2010 case management conference, the Court ordered a phased 3 discovery schedule, with the first phase limited to two issues: (1) Defendants' affirmative 4 defense of reliance on advice of counsel; and (2) Johnson & Johnson's liability as a corporate 5 entity. 6 2. Defendants have filed a Second Amended Answer that withdraws and waives any 7 right to assert the defense of reliance on advice of counsel. 8 3. Defendant Johnson & Johnson hereby agrees to guarantee and indemnify any 9 judgment against Defendant Scios, Inc. or any settlement amount agreed to between Plaintiffs 10 and Defendant Scios, Inc. in the above-captioned case. 11 4. Plaintiffs will continue to pursue discovery regarding Johnson & Johnson's alleged 12 direct liability under the False Claims Act and the common law theory of unjust enrichment. 13 5. Given the withdrawal of the advice of counsel defense and the payment guarantee by 14 Johnson & Johnson, the parties agree that phased discovery is no longer necessary. 15 6. The parties agree that all parties may take discovery on all issues in the case beginning 16 on the date of this Order. 17 7. The parties agree that each side (Plaintiffs and Defendants) may take up to 60 18 depositions of fact witnesses. 19 8. The parties request the following discovery schedule: 20 Fact discovery cut-off: 21 Designation of experts: 22 Designation of rebuttal experts: 23 Expert discovery cut-off: 24 Dispositive motions - last day for hearing: 25 9. Defendants requested, and the Court scheduled, a further case management conference 26 on April 9, 2010 to discuss revising the discovery plan. Given the parties' agreement on a new 27 discovery plan, we now request that, if the Court agrees with the parties' stipulated discovery 28 1 April 6, 2012 January 31, 2012 November 30, 2011 October 31, 2011 Sept. 30, 2011

STIPULATION, No. C 05-3004 CRB

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plan, the April 9 case management conference be vacated. Should the Court disagree with the parties' stipulated discovery plan, we request that the case management conference be held as scheduled in order for the parties and the Court to discuss the plan. IT IS SO STIPULATED. Respectfully submitted, TONY WEST Assistant Attorney General JOSEPH P. RUSSONIELLO United States Attorney Dated: April 2, 2010 By: /s/ signature on file SARA WINSLOW JULIE A. ARBUCKLE Assistant United States Attorneys /s/ signature on file JOYCE R. BRANDA PATRICIA R. DAVIS RENÉE S. ORLEANS KIMBERLY I. FRIDAY Civil Division, U.S. Department of Justice Attorneys for the United States NOLAN & AUERBACH, P.A. LAW OFFICES OF MATTHEW PAVONE Dated: April 2, 2010 By: /s/ signature on file KENNETH J. NOLAN, Esq. MARCELLA AUERBACH, Esq. MATTHEW B. PAVONE, Esq. Attorneys for Qui Tam Plaintiff Joe Strom QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP Dated: April 2, 2010 By: /s/ signature on file CHRISTOPHER TAYBACK, Esq. Attorneys for Defendants Scios, Inc. and Johnson & Johnson Inc.

Dated: April 2, 2010

By:

STIPULATION, No. C 05-3004 CRB

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STIPULATION, No. C 05-3004 CRB

[PROPOSED] ORDER Pursuant to stipulation, the discovery plan for this case shall be as set out above, and the case management conference scheduled for April 9, 2010 is hereby vacated. IT IS SO ORDERED.

UNIT ED

Dated: __A__i_____________________ _ pr l 2, 2010

S DISTRICT TE C TA ________________________ _________

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