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

Filing 93

Discovery Order re: 89 Joint Discovery Letter BriefDispute Statement filed by Myriad Genetics, Inc., Crescendo Bioscience, Inc. Signed by Judge Thomas S. Hixson on 3/22/2021. (cdnS, COURT STAFF) (Filed on 3/22/2021)

Case 3:16-cv-02043-TSH Document 93 Filed 03/22/21 Page 1 of 1

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA, et al.,
Plaintiffs,

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DISCOVERY ORDER

v.

Re: Dkt. No. 89

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CRESCENDO BIOSCIENCE, INC., et al.,

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United States District Court
Northern District of California

Case No. 16-cv-02043-TSH

Defendants.

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Fact discovery in this matter closed on March 15, 2021. However, late in fact discovery

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Relator disclosed an undercover FBI investigation launched in 2015 that produced information

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used by Relator to support its allegations. Dr. Felice Gersh testified that she acted as a

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confidential informant and that she had communications and dealings with FBI Agent Jon Habben

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and California State Agent Vladislav Mikulich. Defendants are now seeking documents and

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deposition testimony from the federal and state governments concerning the federal and state

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investigations.

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The Court finds that Relator improperly delayed providing this information to the

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Defendants in discovery. Accordingly, the Court orders that Defendants may pursue this

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discovery directed toward the federal government and the State of California, notwithstanding that

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fact discovery is otherwise closed.

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IT IS SO ORDERED.

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Dated: March 22, 2021

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THOMAS S. HIXSON
United States Magistrate Judge