United States of America, ex rel. v. Singulex, Inc.

Filing 21

STIPULATION AND ORDER re [20.STIPULATION WITH PROPOSED ORDER for extension of time filed by Singulex, Inc., United States of America, ex rel. Motions due by 10/16/2018. Signed by Magistrate Judge Kandis A. Westmore on 10/3/18. (sisS, COURT STAFF) (Filed on 10/3/2018)

1

2
3

4

JOEL H. SIEGAL, ESQ. [SBN: 117044]
SIEGAL & RICHARDSON, LLP
235 Montgomery Street, Suite 1060
San Francisco, California 941 04
Telephone:
415 .777.5547
Facsimile:
415 .777.524 7
Email :
[e-mail]

5
6

Attorney for Relators

11

Kay Fitz-Patrick (SBN 252977)
fitzpatrickk@ballardspahr .com
BALLARD SPAHR LLP
2029 Century Park East, Suite 800
Los Angeles, CA 90067-2909
Telephone: [phone]
Facsimile: 424.204.4350
Email: [e-mail]

12

Attorney for Defendant

7
8
9
10

13

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

14
15
16
17

UNITED STATES OF AMERICA, ex rel.
VICKI SWARTZELL and JOHN DOE

18

Plaintiffs,

Case No .: 16-5241 KA W

JOINT STIPULATION FOR
EXTENSION OF TIME;
[PROPOSED] ORDER

V.

19
20
21

SINGULEX, INC.
Defendant.

22
23
24
25
26
27
28
- IJOINT STIPULATION FOR EXTENSION OF TIME
Case No. 16-5241

1

2

Pursuant to Rules 6(b) and 54(d) of the Federal Rules of Civil Procedure and the federal
False Claims Act, 31 U.S.C. § 3730(d), the undersigned counsel for Relators and Singulex, Inc.
("Singulex") submit this Joint Stipulation for Extension of Time for filing a motion for

3

attorney' s fees , expenses, and costs.

The parties are currently engaged in negotiations

4

regarding Relators ' counsel' s claim for attorney's fees and hope to reach a resolution without

5

involving the Court. In support hereof, Relators and Singulex state as follows:

6

WHEREAS, on September 13, 2016, Relators filed a qui tam action against Singulex in

7

this District for violations of the False Claims Act, 31 U.S.C. § 3730(b). (Dkt. 1). Relators

8

subsequently filed an Amended Complaint on May 22, 2017, (Dkt. 5), and a Second Amended

9

Complaint on June 21 , 2018, (Dkt. 15).
WHEREAS, on August 22, 2018, the United States filed a Notice of Intervention for

10
11

Purposes of Settlement advising the Court that the United States, Relators and Defendant had
reached a settlement of the action. (Dkt. 17).

12

WHEREAS, on September 14, 2018, the United States filed a Joint Stipulation of

13

Voluntary Dismissal requesting that the Court enter an Order, inter alia, as to Relators,

14

dismissing all claims against Singulex with prejudice "except that Relators have specifically

15

reserved and do not release Defendant from any claims for expenses, costs, and attorney' s fees

16
17
18

under 31 U.S.C. § 3730(d)." (Dkt. 18).
WHEREAS, on September 18, 2018, the Court entered such an Order. (Dkt. 19).
WHEREAS, under Rule 54(b), Relators' counsel ' s motion for attorney' s fees is due on
October 2, 2018, which is 14 days after entry of judgment.

19

WHEREAS, Relators ' counsel and Singulex' s counsel have been engaged in

20

negotiations regarding Relators ' claim for attorney' s fees and need additional time to negotiate.

21

The parties would like to avoid involving the Court through motion practice as well as save the

22

time and effort involved in such practice. Further, neither party will suffer prejudice by this

23
24

requested extension of time.
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between
the undersigned counsel, subject to approval of the Court, that the due date for filing Relators '

25
26

motion for attorney's fees, expenses, and costs, if necessary, is extended two-weeks until
October 16, 2018.

27
28
-2JOINT STIPULATION FOR EXTENSION OF TIME
Case No. 16-5241

1

IT IS SO STIPULATED.

2
Dated: October 2, 2018

Siegal & Richardson, LLP

3
4

s/ Joel H Siegal
Joel H. Siegal
Attorney for Relators

5
6
7
IT IS SO STIPULATED.
8
9

Dated: October 2, 2018

Ballard Spahr LLP

10
11
12
13

sl Kay Fitz-Patrick
Kay Fitz-Patrick
Attorney for Defendant
Singulex, Inc

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3JOINT STIPULATION FOR EXTENSION OF TIME
Case No. 16-5241

1

[PROPOSED ORDER]

2
3

Good cause shown, and based upon the Joint Stipulation, the requested extension of
time is granted.

4

IT IS SO ORDERED,

5
6
7

3rd
This _ _ day of October

, 2018
HON. KANDIS A. WESTMORE
United States Magistrate Judge

8
9
10
11

12
13

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-4JOINT STIPULATION FOR EXTENSION OF TIME
Case No . 16-5241