United States of America ex rel. et al v. Amgen Inc.

Filing 49

ORDER DENYING MOTION TO REOPEN CASE by Judge Alsup denying 36 Motion to Reopen Case; denying 38 Administrative Motion Evidentiary Hearing. (whalc1, COURT STAFF) (Filed on 7/12/2016) (Additional attachment(s) added on 7/12/2016: # 1 Certificate/Proof of Service) (dl, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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UNITED STATES ex rel. Samuel J. May,

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For the Northern District of California

United States District Court

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Plaintiff,
v.
AMGEN INC.,

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ORDER DENYING MOTION
TO REOPEN CASE

Defendant.
/

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No. C 10-02577 WHA

This action was assigned to Magistrate Judge Bernard Zimmerman. Judge Zimmerman

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informed the relator, Samuel May, that he could not proceed pro se in this False Claims Act,

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and he was given two extensions of the deadline to retain counsel. See Stoner v. Santa Clara

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County Off. of Educ., 502 F.3d 1116, 1126 (9th Cir. 2007). After the second deadline lapsed,

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Judge Zimmerman dismissed the action for failure to prosecute. Four years later, May now

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seeks to reopen the case to hold an evidentiary hearing to determine his share of a purportedly

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related case. May has still not retained counsel, and his filings are untimely and plainly

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frivolous.

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May’s motions to reopen the case and hold an evidentiary hearing are DENIED.

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IT IS SO ORDERED.

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Dated: July 12, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE