Rose et al v. Stephens Institute

Filing 183

ORDER granting request to stay proceedings. Signed by Judge Phyllis J. Hamilton on 06/01/2016. (pjhlc2, COURT STAFF) (Filed on 6/1/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SCOTT ROSE, et al.,

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v.

ORDER GRANTING REQUEST TO
STAY PROCEDDINGS

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STEPHENS INSTITUTE,

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United States District Court
Northern District of California

Case No. 09-cv-05966-PJH

Plaintiffs,

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Defendant.

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On May 23, 2016, via letter, counsel for the defendant Academy of Art University

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requested to stay proceedings in this case “pending the U.S. Supreme Court’s decision in

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Universal Health Services v. United States ex rel. Escobar, 780 F.3d 504 (1st Cir. 2015),

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cert. granted, No. 15-7 (U.S. July 1, 2015).”

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The court’s May 4, 2016 order held that the plaintiff relators’ claims were limited to

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an “implied false certification theory.” Dkt 179, p.12. The Supreme Court granted

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certiorari in Escobar to decide whether the “‘implied certification’ theory of legal falsity

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under the FCA . . . is viable.” Petition for Writ of Certiorari, Escobar (No. 15-7). A

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decision in Escobar is expected this month, and could potentially greatly impact the

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remaining claims in this case.

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No objection or other response has been submitted by plaintiffs.

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Accordingly, good cause appearing, the court orders that the case is STAYED until

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the Supreme Court issues its decision in Escobar. The case management conference

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scheduled for June 2, 2016 is taken off calendar and will be rescheduled at a later date.

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Defense counsel shall notify the court immediately upon learning of a decision in

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Escobar.

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IT IS SO ORDERED.
Dated: June 1, 2016.

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__________________________________
PHYLLIS J. HAMILTON
United States District Judge

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United States District Court
Northern District of California

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