United States of America et al v. Crescendo Bioscience, Inc. et al

Filing 146

ORDER DISMISSING CASE PURSUANT TO 143 STIPULATION, ***Civil Case Terminated. Signed by Judge Thomas S. Hixson on 5/4/2022. (tshlc1, COURT STAFF) (Filed on 5/4/2022)

1 GISELLE J. JOFFRE (admitted pro hac vice)
[e-mail]
2 CAROLINE S. DONOVAN(admitted pro hac vice)
[e-mail]
3 JOANNA MCDONOUGH (admitted pro hac vice)
[e-mail]
4 FOLEY HOAG LLP
Seaport West
5 155 Seaport Boulevard
Boston, MA 02210-2600
6 Telephone:
[phone]
Facsimile:
[phone]
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CAROLYN F. McNIVEN (SBN 163639)
8 [e-mail]
JEFFREY P. PALMER (SBN 229314)
9 [e-mail]
GREENBERG TRAURIG, LLP
10 4 Embarcadero Center, Suite 3000
SAN FRANCISCO, CA 94111
11 Telephone: [phone]
Facsimile: (415) 707- 2010
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Attorneys for Defendants
13 CRESCENDO BIOSCIENCE, INC. AND
MYRIAD GENETICS, INC.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA; STATE
17 OF CALIFORNIA; ex rel. STF, LLC, an
organization,
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Plaintiffs,
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v.
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CRESCENDO BIOSCIENCE, INC., a
21 Delaware corporation; and MYRIAD
GENETICS, INC., a Delaware corporation,
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Case No. 3:16-cv-02043-TSH
STIPULATION OF VOLUNTARY
DISMISSAL; [PROPOSED] ORDER

Defendants.

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Case No. 16-cv-02043-TSH

Stipulation of Voluntary Dismissal;
[Proposed] Order

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Plaintiff-Relator STF, LLC (“Relator”) filed this action under the qui tam provision of the

2 False Claims Act, 31 U.S.C. § 3729, et seq., against Crescendo Bioscience, Inc. (“Crescendo”), and
3 Myriad Genetics, Inc. (“Myriad” and with Crescendo, “Defendants”). Collectively, Relator and
4 Defendants are referred to as “the Parties.” Pursuant to Fed. R. Civ. P. 41(a) and the qui tam
5 provision of the False Claims Act, 31 U.S.C. § 3730(b)(1), the Parties hereby stipulate that the
6 above-captioned action is voluntarily dismissed with prejudice as to Relator and the State of
7 California and without prejudice as to the United States, pursuant and subject to the Civil
8 Settlement Agreement, CFCA Settlement Agreement, and CIFPA Settlement Agreement entered
9 into by the Parties.
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The United States, which elected not to intervene in this action, has agreed to provide

11 written consent to the dismissal of this action with prejudice as to Relator and without prejudice as
12 to the United States pursuant to 31 U.S.C. § 3730(b)(1). The State of California, which elected not
13 to intervene in this action, has agreed to the dismissal of this action with prejudice as to Relator and
14 the State of California pursuant to Cal. Gov. Code § 12651(c)(1) and Cal. Ins. Code § 1871.7(e)(1).
15 The Parties respectfully request that the Court permit time for the United States and the State of
16 California to file written consent to the dismissal of this action.
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The Parties respectfully request that, after the United States and the State of California file

18 written consent to the dismissal of this action, the Court enter an order in the form of the Proposed
19 Order attached to this Stipulation.
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The Parties stipulate that the Court shall retain continued jurisdiction to enforce all terms of

21 the Civil Settlement Agreement, CFCA Settlement Agreement, and CIFPA Settlement Agreement.
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[Signatures on following page]

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Case No. 16-cv-02043-TSH

Stipulation of Voluntary Dismissal;
[Proposed] Order

1 Respectfully Submitted,
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Dated: April 18, 2022

/s/Justin Berg
Justin Berger
Cotchett, Pitre & McCarthy, LLP
San Francisco Airport Office Center
849 Malcom Road, Suite 200
Burlingame, CA 94010
Counsel for Relator

Dated: April 18, 2022

/s/Giselle J. Joffre
Giselle J. Joffre
Foley Hoag LLP
155 Seaport Boulevard
Boston, MA 02210

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Counsel for Defendants

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Case No. 16-cv-02043-TSH

Stipulation of Voluntary Dismissal;
[Proposed] Order

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[PROPOSED] ORDER OF DISMISSAL
Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure and the False Claims Act, 31

3 U.S.C. § 3730(b)(1), Relator STF, LLC (the “Relator”) and Defendants Crescendo Bioscience, Inc.
4 (“Crescendo”), and Myriad Genetics, Inc. (“Myriad” and with Crescendo, “Defendants”) filed a
5 Stipulation of Dismissal as to all claims filed against Defendants in action. Pursuant to 31 U.S.C. §
6 3730(b)(1), Cal. Gov. Code § 12651(c)(1) and Cal. Ins. Code § 1871.7(e)(1), the United States and
7 the State of California, which elected not to intervene in this action, filed a written consent to
8 dismissal of this action with prejudice as to Relator and without prejudice as to the United States
9 and the State of California. Upon due consideration of the Stipulation, the consent filed by the
10 United States and the State of California, and the other papers on file in this action,
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IT IS HEREBY ORDERED that all claims asserted against Defendants in this action shall

12 be dismissed with prejudice as to Relator and the State of California and without prejudice as to the
13 United States.
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IT IS SO ORDERED.

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May 4, 2022
16 Dated: ___________________________
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_______________________________________
THOMAS S. HIXSON
UNITED STATES MAGISTRATE JUDGE

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Case No. 16-cv-02043-TSH

Stipulation of Voluntary Dismissal;
[Proposed] Order

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FILER’S ATTESTATION
Pursuant to Civil L.R. 5-1(i)(3), I hereby attest that all signatories to this document have

3 concurred in its filing.
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Dated: April 18, 2022

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By: /s/Jeffrey P. Palmer
Jeffrey P. Palmer

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Case No. 16-cv-02043-TSH

Stipulation of Voluntary Dismissal;
[Proposed] Order