United States of America, Ex Rel., Thomas F. Jamison v. McKesson Corporation et al

Filing 61

STIPULATION REGARDING DISCOVERY AND ORDER; pending motion for protective order deemed withdrawn. Signed by David A. Sanders on 6/4/2009. (maw, USDC)

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF MISSISSIPPIDELTA DIVISION

UNITED STATES OF AMERICA, ex rel., THOMAS F. JAMISON, v. Plaintiffs,

Case No. 2:08cv0214-SA-DAS

MCKESSON CORPORATION; MCKESSON MEDICALSURGICAL MEDINET, INC.; GGNSC HOLDINGS, LLC; GOLDEN GATE ANCILLARY, LLC; BEVERLY ENTERPRISES, INC; CERES STRATEGIES, INC.; and CERES STRATEGIES MEDICAL SERVICES, LLC, Defendants.

STIPULATION REGARDING DISCOVERY AND ORDER ___________________________________________________________________________ WHEREAS, the Relator, through counsel, sought to take the deposition of the defendants in this case regarding the question of whether the Court has jurisdiction over the Relator's claims; WHEREAS, the defendants objected to these depositions, and moved for a protective order on May 21, 2009; WHEREAS, the Relator contends that the depositions are necessary because certain of defendants' written discovery responses are inadequate; and WHEREAS, the defendants deny that their written responses are inadequate, but are willing to clarify those responses as a compromise to resolve the parties' dispute;. NOW THEREFORE, the undersigned parties, by and through their respective counsel, do

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hereby stipulate that: 1. The defendants will supplement their responses to the Relator's Requests for

Admissions Nos. 1-3, dated April 29, 2009, to explain their bases for denying these Requests. Such supplemental responses will be provided by June 8, 2009. In supplementing their responses, defendants will identify each document that defendants allege constitutes a public disclosure that triggers the jurisdictional bar and that names particular defendants. These supplemental responses may be amended should defendants discover or identify additional such public disclosures following the service of their supplemental responses. 2. The Relator will not take the depositions of any of the defendants during the

jurisdictional phase of the case; and 3. Defendants will withdraw their pending motion for protective order. KEKER & VAN NEST, LLP

Dated: June 1, 2009

By: /s/ David J. Silbert DAVID J. SILBERT Attorneys for Defendants MCKESSON CORPORATION and MCKESSON MEDICAL-SURGICAL MEDINET, INC. Dated: June 1, 2009 U.S. DEPARTMENT OF JUSTICE

By: /s/ Thomas Morris THOMAS MORRIS Attorneys for Plaintiff-Intervenor UNITED STATES OF AMERICA

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Dated: June 1, 2009

PIGOTT REEVES & JOHNSON

By: /s/ Cliff Johnson CLIFF JOHNSON Attorneys for Plaintiff-Relator THOMAS F. JAMISON

Dated: June 1, 2009

AKIN GUMP STRAUSS HAUER & FELD LLP

By: /s/ Robert S. Salcido ROBERT S. SALCIDO Attorneys for Defendants GNSC HOLDINGS, LLC; GOLDEN GATE ANCILLARY, LLC; BEVERLY ENTERPRISES, INC.; CERES STRATEGIES, INC.; and CERES STRATEGIES MEDICAL SERVICES, INC.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: June 4, 2009

/s/ David A. Sanders HON. DAVID A. SANDERS U. S. MAGISTRATE JUDGE

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