Juan v. Regents of the University of California et al

Filing 34

ORDER TO SHOW CAUSE REGARDING SERVICE AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Deadline for Plaintiff-Relator to file Show Cause Response: 10/11/2017. Any party or the United States may file a response to Plaintiff-Relator's filing no later than 10/17/2017. Joint Case Management Statement due by 10/31/2017. Initial Case Management Conference reset to 11/7/2017 02:30 PM.. Signed by Judge Claudia Wilken on 10/5/2017. (tlS, COURT STAFF) (Filed on 10/5/2017)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DIANA JUAN,

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Plaintiff,

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Case No. 16-cv-04934-CW
ORDER TO SHOW CAUSE REGARDING
SERVICE AND ORDER CONTINUING
CASE MANAGEMENT CONFERENCE

v.
UNIVERSITY OF CALIFORNIA SAN
FRANCISCO, et al.,
Defendants.

United States District Court
Northern District of California

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The United States of America ex rel Diana Juan filed the

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Complaint in this action under the False Claims Act on August 26,

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2016.

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September 20, 2016.

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June 26, 3017, the United States having declined to intervene in

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this action, the Court unsealed the Complaint and First Amended

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Complaint and ordered Plaintiff-Relator to serve Defendants.

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On August 17, 2017, Plaintiff-Relator filed a notice of

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voluntary dismissal without prejudice of Defendant Regents of the

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University of California.1

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Relator’s request, the Court issued a summons to Defendants Jane

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Czech, Jennifer Dearman, John Engstrom, Stephen Hauser, Sam

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Hawgood, Scott Andy Josephson, Eileen Kahaner, and David Morgan.

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On October 3, 2017, these individual defendants filed a motion to

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dismiss, which they noticed for hearing on November 7, 2017.

Plaintiff-Relator filed a First Amended Complaint on
Both were initially filed under seal.

On

On August 18, 2017, at Plaintiff-

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The notice was served electronically on counsel for the
United States. The United States has not objected to the
dismissal without prejudice of the Regents of the University of
California.

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Plaintiff-Relator named University of California San

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Francisco (UCSF) as a Defendant, but has not sought issuance of a

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summons to UCSF.

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has not dismissed UCSF voluntarily and UCSF has not appeared in

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this action.

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order unsealing the Complaint and the First Amended Complaint.

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See Fed. R. Civ. P. 4(b).

Plaintiff-Relator

More than ninety days have passed since the Court’s

Accordingly, the Court HEREBY ORDERS Plaintiff-Relator, no
later than October 11, 2017, to show cause why the claims against

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United States District Court
Northern District of California

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UCSF should not be dismissed without prejudice pursuant to

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Federal Rule of Civil Procedure 4(m).

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States may file a response to Plaintiff-Relator’s filing no later

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than October 17, 2017.

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may file any objection to the dismissal without prejudice of the

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Regents of the University of California.

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Any party or the United

By the same date, the United States also

Additionally, the Court will hear all motions to dismiss

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this action on a single date, following a coordinated briefing

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schedule.

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file a motion to dismiss, Plaintiff-Relator shall meet and confer

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with all parties and shall promptly propose a coordinated

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schedule for the briefing and hearing of all motions to dismiss

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and the case management conference.

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If UCSF is served, or waives service, and intends to

The Court HEREBY CONTINUES the case management conference to

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November 7, 2017, at 2:30 p.m.

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statement is now due October 31, 2017.

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The joint case management

IT IS SO ORDERED.

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Dated: October 5, 2017
CLAUDIA WILKEN
United States District Judge

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