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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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 DIANA JUAN, 5 Plaintiff, 6 7 8 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 9 10 11 The United States of America ex rel Diana Juan filed the 12 Complaint in this action under the False Claims Act on August 26, 13 2016. 14 September 20, 2016. 15 June 26, 3017, the United States having declined to intervene in 16 this action, the Court unsealed the Complaint and First Amended 17 Complaint and ordered Plaintiff-Relator to serve Defendants. 18 On August 17, 2017, Plaintiff-Relator filed a notice of 19 voluntary dismissal without prejudice of Defendant Regents of the 20 University of California.1 21 Relator’s request, the Court issued a summons to Defendants Jane 22 Czech, Jennifer Dearman, John Engstrom, Stephen Hauser, Sam 23 Hawgood, Scott Andy Josephson, Eileen Kahaner, and David Morgan. 24 On October 3, 2017, these individual defendants filed a motion to 25 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- 26 1 27 28 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. 1 Plaintiff-Relator named University of California San 2 Francisco (UCSF) as a Defendant, but has not sought issuance of a 3 summons to UCSF. 4 has not dismissed UCSF voluntarily and UCSF has not appeared in 5 this action. 6 order unsealing the Complaint and the First Amended Complaint. 7 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 9 United States District Court Northern District of California 8 UCSF should not be dismissed without prejudice pursuant to 10 Federal Rule of Civil Procedure 4(m). 11 States may file a response to Plaintiff-Relator’s filing no later 12 than October 17, 2017. 13 may file any objection to the dismissal without prejudice of the 14 Regents of the University of California. 15 Any party or the United By the same date, the United States also Additionally, the Court will hear all motions to dismiss 16 this action on a single date, following a coordinated briefing 17 schedule. 18 file a motion to dismiss, Plaintiff-Relator shall meet and confer 19 with all parties and shall promptly propose a coordinated 20 schedule for the briefing and hearing of all motions to dismiss 21 and the case management conference. 22 If UCSF is served, or waives service, and intends to The Court HEREBY CONTINUES the case management conference to 23 November 7, 2017, at 2:30 p.m. 24 statement is now due October 31, 2017. 25 The joint case management IT IS SO ORDERED. 26 27 Dated: October 5, 2017 CLAUDIA WILKEN United States District Judge 28 2

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