Nilex Corporation v. DGI-Menard Inc et al

Filing 17

ORDER Granting re 16 Stipulation TO CONTINUE CASE MANAGEMENT CONFERENCE. Case Management Statement due by 11/23/2010. Case Management Conference set for 11/30/2010 02:00 PM. Signed by Judge Claudia Wilken on 11/12/2010. (ndr, COURT STAFF) (Filed on 11/12/2010)

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Nilex Corporation v. DGI-Menard Inc et al Doc. 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MELINDA HAAG (CA Bar No. 132612) United States Attorney JOANN M. SWANSON, (CA Bar No. 88143) Chief, Civil Division SARA WINSLOW (DC Bar No. 457643) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: (415) 436-6925 Facsimile: (415) 436-6748 Attorneys for the United States of America UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION NILEX CORPORATION, on behalf of itself and the UNITED STATES, Plaintiff, v. DGI-MENARD INC.; SETH PEARLMAN; ROGER BLOOMFIELD; and RICHARD ALLEN HAMMERS, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) No. C 09-3723-CW STIPULATION OF UNITED STATES AND RELATOR TO CONTINUE CASE MANAGEMENT CONFERENCE ORDER The United States of America and Nilex Corporation, as Relator, through their undersigned counsel of record, hereby stipulate and request that the Court continue the case management conference in the above-captioned case by two weeks, until November 30, 2010. 1. This case was filed pursuant to the qui tam provisions of the False Claims Act, 31 U.S.C. 3729-33. Under those provisions, the Relator filed this case under seal and served the United States but not the Defendants. On October 18, 2010, the United States filed its notice of election to intervene in the case. Relator and the United States are the only parties to have appeared. 2. The parties have settled this case, and the settlement agreement was fully executed on or about November 3, 2010. Pursuant to the settlement agreement, Defendants' payment will be due on or about November 15, 2010. Once payment receipt is confirmed, the United States and Relator will dismiss the action with prejudice. STIPULATION TO CONTINUE CMC C-09-3723-CW 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. A case management conference is currently scheduled for November 16, 2010. Due to the timing of the settlement payment, it is likely that the dismissal stipulation will not be filed until shortly after November 16. Accordingly, we request that the case management conference be continued two weeks, until November 30, 2010, to ensure that the United States and Relator have time to confirm receipt of Defendants' settlement payment, and then file a stipulation to dismiss the case and vacate the case management conference at least one week before the scheduled date. IT IS SO STIPULATED. Date: November 9, 2010 Respectfully submitted, MELINDA HAAG United States Attorney By: ____/s/ signature on file__ SARA WINSLOW Assistant United States Attorney Attorneys for the United States of America ROGERS JOSEPH O'DONNELL By: _/s/ signature on file______ AARON P. SIMBERMAN Attorneys for NIlex Corporation Date: November 8, 2010 ORDER Pursuant to stipulation IT IS SO ORDERED. The case management conference is continued to November 30, 2010 at 2:00 p.m. 11/12/2010 Dated: ____________________________ _____________________________________ HONORABLE CLAUDIA WILKEN United States District Judge STIPULATION TO CONTINUE CMC C-09-3723-CW 2

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