United States of America et al v. Millennium Laboratories, Inc.

Filing 34

Judge Nathaniel M. Gorton: ORDER entered"Accordingly, the motion of relators Allstate Insurance Company and Lawrence K. Spitz, M.D., for attorneys fees and costs (Docket No. 20) is DENIED without prejudice. Relators are directed to re-file their motion within forty-five (45) days of the date of the decision by the First Circuit Court of Appeals in the related case, United States et al. ex rel. McGuire et al. v. Millennium Laboratories et al., Docket No. 12-cv-10132. So ordered." (Caruso, Stephanie)

United States District Court
District of Massachusetts
)
United States of America ex rel. )
)
Allstate Insurance Co. and
)
Lawrence K. Spitz, M.D.
)
)
Plaintiffs,
)
)
v.
)
)
Millennium Laboratories, Inc.
)
)
Defendant.
)

Civil Action No.
14-14276-NMG

ORDER
GORTON, J.
Relators Allstate Insurance Company (“Allstate”) and
Lawrence K. Spitz, M.D. (“Dr. Spitz”), move this Court for
attorneys’ fees and costs (Docket No. 20) pursuant to 31 U.S.C.
§ 3730(d).

For the following reasons, that motion will be

denied without prejudice.
An appeal, brought by potential relator Mark McGuire, is
currently pending before the First Circuit Court of Appeals
(“First Circuit”) in the related case, United States et al. ex
rel. McGuire et al. v. Millennium Laboratories et al., Docket
No. 12-cv-10132.

Pursuant to this Court’s electronic order

dated February 21, 2017 (Docket No. 251), the other relators in
that action have been allowed to file their motions for
attorneys’ fees within 45 days of the First Circuit’s decision.

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Here, the motion of Allstate and Dr. Spitz is premature.
Judicial economy supports a determination of the allocation of
attorneys’ fees among all relators in the related actions.

Cf.

Forgione v. AC & R Advert., Inc., 147 F.R.D. 30, 31-33 (S.D.N.Y.
1993).
Accordingly, the motion of relators Allstate Insurance
Company and Lawrence K. Spitz, M.D., for attorney’s fees and
costs (Docket No. 20) is DENIED without prejudice.

Relators are

directed to re-file their motion within forty-five (45) days of
the date of the decision by the First Circuit Court of Appeals
in the related case, United States et al. ex rel. McGuire et al.
v. Millennium Laboratories et al., Docket No. 12-cv-10132.

So ordered.

/s/ Nathaniel M. Gorton_____
Nathaniel M. Gorton
United States District Judge
Dated February 21, 2017

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