United States of America et al -v- Gilead Sciences, Inc. et al

Filing 114

ORDER by Judge Edward M. Chen granting 112 Relators' Motion for Leave to File Supplemental Briefing (emclc2, COURT STAFF) (Filed on 11/13/2014)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA, ex. rel.
CAMPIE et al.,

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v.

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For the Northern District of California

United States District Court

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Plaintiffs,

GILEAD SCIENCES, INC., et al.,

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No. C-11-0941 EMC
ORDER GRANTING RELATORS'
MOTION FOR LEAVE TO FILE
SUPPLEMENTAL BRIEFING

Defendants.
___________________________________/

(Docket No. 112)

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On November 12, 2014, Relators filed a motion seeking leave to file a supplemental brief in

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light of this Court's questioning at the October 21, 2014 hearing on Defendants' motion to dismiss.

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Dkt. No. 112. Defendants have opposed this motion.

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Northern District of California Local Rule 7-3(d) provides that “[o]nce a reply is filed, no

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additional memoranda, papers or letters may be filed without prior Court approval.” While

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Defendants take issue with Relators' motion, an administrative motion under Local Rule 7-11 is the

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proper vehicle for seeking leave to file a supplemental brief. See, e.g., Michael Taylor Designs, Inc.

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v. Travelers Property Cas. Co. of Am., 761 F. Supp. 2d 904, 909 (N.D. Cal. 2011). At the same

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time, Defendants are correct that such motions should “avoid arguing the merits to the extent

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possible” but rather should concisely explain why further briefing is necessary and not cumulative of

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other submissions. Id.

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Relators’ motion for leave to file a supplemental brief is GRANTED and the document

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attached as Exhibit A to Relators’ motion will be filed. Defendants may, if they so choose, file a

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sur-response not to exceed 10 pages by Monday, November 24, 2014 at 3:00pm. No further filings

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will be accepted after this date.

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This order disposes of docket number 112.

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IT IS SO ORDERED.

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Dated: November 13, 2014

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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