SIMPSON v. BAYER PHARMACEUTICAL CORP. et al

Filing 396

ORDER ADOPTING REPORT AND RECOMMENDATION; that Defendant's subpoenas are modified as specified in the R&R, etc. Signed by Judge John Michael Vazquez on 5/17/2021. (lag, )

Not for Publication
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA, ex rel.,
LAURIE SIMPSON
Plaintiff,
v.

Civil Action No. 05-cv-03895

BAYER A.G., et al.
Defendants

ORDER

John Michael Vazquez, U.S.D.J.
This matter comes before the Court by way of the February 11, 2021 Report and
Recommendation, D.E. 395, (the “R&R”) of the Special Master, United States District Judge (Ret.)
Dennis M. Cavanaugh. 1 The R&R addressed the Defendant’s motion to compel the United States
Government, a non-party, to “participate in discovery” as well as the Government’s cross-motion
to quash the subpoenas served by the Defendant on (1) the Centers for Medicare and Medicaid
Services (“CMS”); (2) the Food and Drug Administration (“FDA”); (3) the Department of Justice
(“DOJ”); (4) the Department of Defense (“DOD”); and (5) the Department of Veterans Affairs
(“VA”). R&R at 1. The R&R granted in part and denied in part both motions. Id.; and it
APPEARING that no objections to the R&R have been received and the time for filing
any objections has expired; and it

1

Pursuant to this Court’s Order, D.E. 328, appointing the Special Master, the Special Master
exercises “authority . . . coextensive with those of a Magistrate Judge in the District of New
Jersey.” D.E. 328 at 4.

APPEARING that “where no objections are made in regard to a report or parts thereof,
the district court will adopt the report and accept the recommendation if it is ‘satisf[ied] . . . that
there is no clear error on the face of the record.’” Sportscare of Am., P.C. v. Multiplan, Inc., No.
10-4414, 2011 WL 500195, at *1 (D.N.J. Feb. 10, 2011) (quoting Fed. R. Civ. P. 72 Advisory
Committee’s Notes); and it
APPEARING that this Court independently reviewed the record and the R&R, and found
no clear error on the face of the R&R.
THEREFORE, for the foregoing reasons, and for good cause shown,
IT IS on this 17th day of May, 2021,
ORDERED that the Court adopts the R&R in its entirety as the Opinion of this Court; and
it is further
ORDERED that Defendant’s subpoenas are modified as specified in the R&R.
__________________________
John Michael Vazquez, U.S.D.J.

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