United States of America et al v. CVS Caremark Corporation et al

Filing 85

ORDER by Judge Charles R. Breyer granting 84 Stipulation. (crblc2, COURT STAFF) (Filed on 5/21/2012)

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Case3:09-cv-01372-CRB Document84 Filed05/18/12 Page1 of 3 1 6 GEOFFREY M. EZGAR (State Bar No. 184243) gezgar@kslaw.com CATHERINE M. O’NEIL (Pro Hac Vice) coneil@kslaw.com KING & SPALDING LLP 101 Second Street, Suite 2300 San Francisco, CA 94105 Telephone: +1 415 318 1200 Facsimile: +1 415 318 1300 7 Attorneys for Defendants 2 3 4 5 8 UNITED STATES DISTRICT COURT 9 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 UNITED STATES OF AMERICA, STATE OF CALIFORNIA, STATE OF HAWAII, STATE OF NEVADA ex rel. HAROON AZIZ, 14 Plaintiffs, 15 16 17 18 19 v. Case No. 3:09-cv-01372-CRB STIPULATION AND [PROPOSED] ORDER CONTINUING ORDER OF DISMISSAL Courtroom 8, 19th Floor Judge: Hon. Charles R. Breyer CVS CAREMARK CORPORATION, LONGS DRUG STORES CORPORATION, and DOES 1 - 10, Defendants. 20 21 Relator Haroon Aziz (“Aziz”) and named Defendants CVS Caremark Corporation and 22 Longs Drug Stores Corporation (collectively “Defendants” or “CVS”), by and through their 23 respective counsel, hereby STIPULATE: 24 1. At this time, the United States, the State of California, Aziz, and CVS have agreed on 25 all terms and all documents involved in the settlement of this action. The parties are in the 26 process of signing those settlement documents. After the Settlement Agreement is executed, 27 CVS will make payment of the Settlement Amount to the United States, the State of California, 28 and Aziz within seven (7) business days, at which time Aziz and CVS will file a Stipulation and STIPULATION AND [PROPOSED] ORDER CONTINUING ORDER OF DISMISSAL Case No. 3:09-cv-01372-CRB Case3:09-cv-01372-CRB Document84 Filed05/18/12 Page2 of 3 1 [Proposed] Order of Dismissal, together with the signed Consent of the United States and the 2 State of California to the dismissal. Accordingly, the parties need brief, additional time to 3 execute and file the settlement documents and forward payment. 4 2. The parties hereby request that the Court continue its Order of April 20, 2012, and 5 allow an additional fourteen (14) days for the parties to execute and file the settlement 6 documents and forward payment. 7 8 Dated: May 18, 2012 /s/ Michael A. Hirst Michael A. Hirst, Esq. Hirst Law Group, P.C. Attorneys for Relator Haroon Aziz 9 10 /s/ Catherine M. O’Neil Catherine M. O’Neil, Esq. (Appearance Pro Hac Vice) King & Spalding LLP Attorneys for Defendants 11 12 13 14 15 16 17 18 DECLARATION OF CONSENT Pursuant to General Order No. 45, Section X (B) regarding signatures, I attest under penalty of perjury that concurrence in the filing of this document has been obtained from Michael A. Hirst. 19 /s/ Catherine M. O’Neil 20 21 22 23 24 25 26 27 28 2 STIPULATION AND [PROPOSED] ORDER CONTINUING ORDER OF DISMISSAL Case No. 3:09-cv-01372-CRB Case3:09-cv-01372-CRB Document84 Filed05/18/12 Page3 of 3 1 PURSUANT TO STIPULATION, IT IS SO ORDERED, that: (1) the Court’s Order 2 Continuing its Order of Dismissal issued April 20, 2012, is hereby continued for an additional 3 fourteen (14) days; (2) the parties shall have an additional fourteen (14) days to execute and file 4 the settlement documents and forward payment in this matter; and (3) this case is dismissed 5 without prejudice; provided, however, that if any party hereto shall certify to this Court, within 6 fourteen (14) days, with proof of service of a copy on opposing counsel, that the agreed 7 IS consideration for said settlement has not been delivered over, theTRICT Order shall stand ES D foregoing FO LI ER H 13 RT 12 ________________________________ HONORABLE CHARLES R. BREYER y JUDGE UNITED STATES DISTRCTer s R. Bre e Charle Judg NO 11 DATED: May 21, 2012 14 A 10 R NIA 9 UNIT ED S RT U O T C TAcalendar to be set for trial. 8 vacated and this case shall forthwith be restored to the N F D IS T IC T O R C 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION AND [PROPOSED] ORDER CONTINUING ORDER OF DISMISSAL Case No. 3:09-cv-01372-CRB

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