United States Of America et al v. Genentech, Inc. et al

Filing 32

ORDER by Magistrate Judge Maria-Elena James granting 31 Stipulation to Dismiss. (rmm2S, COURT STAFF) (Filed on 6/15/2016)

1 BRIAN J. STRETCH
United States Attorney
2 SARA WINSLOW
Chief, Civil Division
3
ILA C. DEISS (NY Bar No. 3052909)
4 Assistant United States Attorneys
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7

450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
Telephone: [phone]
Fax: [phone]
[e-mail]

8
MICHAEL GRANSTON
9 JAMIE A. YAVELBERG
JENNIFER CIHON
10 Attorneys
Civil Division
11 United States Department of Justice
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P.O. Box 261
Ben Franklin Station
Washington, D.C. 20044
Telephone: [phone]
Facsimile: [phone]
[e-mail]

15 Attorneys for the United States of America
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17

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

20 UNITED STATES OF AMERICA; AND )
THE STATES OF CALIFORNIA,
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21 COLORADO, CONNECTICUT,
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DELAWARE, FLORIDA, GEORGIA,
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HAWAII, ILLINOIS, INDIANA,
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23 LOUISIANA, MARYLAND, MICHIGAN, )
MINNESOTA, NEVADA, NEW
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24 HAMPSHIRE, NEW JERSEY, NEW
MEXICO, NEW YORK, NORTH
)
25 CAROLINA, OKLAHOMA, RHODE
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ISLAND, TENNESSEE, TEXAS,
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WISCONSIN, THE COMMONWEALTHS )
27 OF MASSACHUSETTS AND VIRGINIA; )
and THE DISTRICT OF COLUMBIA;
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Stipulation to Dismiss; and [Proposed] Order
CV-11-822 MEJ

No. CV 11-0822 MEJ

STIPULATION TO DISMISS; AND
[PROPOSED] ORDER

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1 ex rel. BRIAN SHIELDS,
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)
)
Plaintiffs and Relator,
)
)
v.
)
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GENENTECH, INC.;
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OSI PHARMACEUTICALS, INC.;
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and NOVARTIS PHARMACEUTICALS )
CORPORATION
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Defendants.
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___________________________________ )

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1.

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Pursuant to Fed. R. Civ. P. 41(a)(l) and 31 U.S.C. § 3730(b)(1), the United States of

11 America (“the United States”), the participating states, and Plaintiff-Relator Brian Shields hereby
12 stipulate to the dismissal of this action pursuant to the terms and conditions of the settlement agreement
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effective June 6, 2016 (“Settlement Agreement”).

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2.

With prejudice as to himself, the Relator dismisses this action, with the exception of

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Relator’s claims for reasonable attorneys’ fees, expenses, and costs against Defendant Genentech and

17 Defendant OSI Pharmaceuticals pursuant to 31 U.S.C. § 3730(d)(1); and/or Relator’s retaliation claims
18 under any state and/or federal law, including 31 U.S.C. § 3730(h) asserted against Defendant Genentech
19 in Counts III, IV, V, and VI in Relator’s Second Amended False Claims Act Complaint.
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3.

The United States and the participating states dismiss with prejudice the claims

concerning the Covered Conduct in the Settlement Agreement. The United States and participating

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states dismiss all other claims in this action without prejudice to the United States and the participating
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states.
4.

No Answer has been served or filed, and no parties other than the United States, the

participating states, and the Relator have appeared in this action.

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Stipulation to Dismiss; and [Proposed] Order
CV-11-822 MEJ

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1

IT IS SO STIPULATED.
BRIAN STRETCH
United States Attorney

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4 DATED: June 14, 2016
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___/s/ Ila Deiss_______________________
ILA C. DEISS
Assistant United States Attorney
Attorneys for the United States of America

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9 DATED: June 15, 2016
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____/s/ Raymond Liddy_________________
RAYMOND J. LIDDY
Deputy Attorney General for the State of California
For the State of California and Plaintiff Participating States

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DATED: June 14, 2016

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___/s/ Matthew Pavone__________________
MATTHEW PAVONE
MARCELLA AUERBACH
KENNETH NOLAN
Attorneys for Plaintiff/Relator

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//

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Stipulation to Dismiss; and [Proposed] Order
CV-11-822 MEJ

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[PROPOSED] ORDER

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2 PURSUANT TO STIPULATION, IT IS HEREBY ORDERED:
3

1.

With prejudice as to Relator Brian Shields, this action is dismissed, with the exception of

4 Relator’s claims for reasonable attorneys’ fees, expenses, and costs against Defendant Genentech and
5 Defendant OSI Pharmaceuticals pursuant to 31 U.S.C. § 3730(d)(1); and/or Relator’s retaliation claims
6 under any state and/or federal law, including 31 U.S.C. § 3730(h) asserted against Defendant Genentech
7 in Counts III, IV, V, and VI in Relator’s Second Amended False Claims Act Complaint.
8

2.

Pursuant to the terms and conditions of the Settlement Agreement (effective June 6,

9 2016), the claims concerning the Covered Conduct in the Settlement Agreement are dismissed with
10 prejudice as to the United States and the participating states. All other claims in this action are
11 dismissed without prejudice as to the United States and the participating states.
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13

IT IS SO ORDERED.

14 DATED: June 15, 2016
________________________________
HONORABLE MARIA ELENA JAMES
United States Magistrate Court Judge

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Stipulation to Dismiss; and [Proposed] Order
CV-11-822 MEJ

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