TRUSTEES OF THE B.A.C LOCAL 4 PENSION AND ANNUITY FUNDS et al v. INDUSTRIAL CONCRETE CONSTRUCTION OF NEW JERSEY, INC. et al

Filing 12

ORDER granting 8 Motion for Default Judgment. Pltfs shall provide proof of the prior judgment in the amount of $131,664.15 and proof of any prior payments to show that the current amount due is $113,643.15 by 10/24/15. the Court will enter the total amount of final judgment upon the appropriate showing of proof. Signed by Judge Faith S. Hochberg on 10/10/13. (sr, )

U S Department of Justice
Civil Division
WWB
27-9545

Telephone: [phone]
Facsimile: 202-307-0345
Washington, DC 20530

October 9, 2013
VIA ECF
The Honorable William H. Walls, U.S.D.J.
United States District Court
Martin Luther King, Jr. Federal Building
50 Walnut Street, Room 4046
Newark, New Jersey 07102
The Honorable Cathy L. Waldor, U.S.M.J.
United States District Court
Martin Luther King, Jr. Federal Building
50 Walnut Street
Newark, New Jersey 07102
Re:

Janssen Products, L.P,, et al. v. Lupin Limited, et aL
Civil Action No. 10-5954 (WHW)(CLW)

Dear Judge Walls and Magistrate Judge Waldor:
We represent The United States of America (the “Government”) in the above-captioned
matter. On behalf of the Government, we write to move for an emergency stay of proceedings in
this case’ due to the government shutdown.
As the Court is undoubtedly aware, at the end of the day on September 30, 2013, the
appropriations act that had been finding the Department of Justice expired and appropriations to
the Department lapsed. Accordingly, Department of Justice attorneys and employees of the
Department of Health and Human Services, the principal federal agency involved in this suit, are
The Government and its co-plaintiff the University of Illinois (the “University”) are co-owners
of United States Patent No. 7,470,506 B 1 (the ‘506 patent), which is being asserted against
Defendants Lupin Limited, Lupin Pharmaceuticals, Inc., Mylan Pharmaceuticals Inc.. Mylan
Inc., Teva Pharmaceuticals USA, Inc., and Teva Pharmaceutical Industries, Ltd. (collectively,
“Defendants”) by the Government and the University in this action (the “506 patent case”). The
‘506 patent case refers solely to the action by the Government and the University against
Defendants. This request does not relate to the action maintained by the Janssen Plaintiffs
against the Defendants.

-2-

prohibited from working, even on a voluntary basis, except in very limited circumstances, such
as “emergencies involving the safety of human life or the protection of property.” 31 U.S.C.
§ 1342. Accordingly, the Government’s attorneys are unable to work on this case despite
ongoing deadlines related to expert discovery and a trial.
Specifically, expert discovery is presently scheduled to proceed through October 31,
2013, and several depositions of experts have been scheduled for the remainder of this month.
Allowing this discovery to proceed while Government counsel cannot attend the depositions
would be severely prejudicial to the Government. Further, this stay will not prejudice the other
parties in this civil litigation. In any event, any claim of prejudice is far outweighed by the
prejudice to the Government of having the case proceed without its counsel being able to
participate.
For the foregoing reasons, the Government respectfully requests a stay of proceedings in
the ‘506 patent case until the Government’s counsel can resume its normal representation. If this
request is granted, the Government will notify the Court as soon as the President signs into law a
budget appropriation that restores Department of Justice funding and present the Court with a
modified schedule.
If this meets with Your Honors’ approval, we respectfully request that Your Honor sign
the below form of endorsement and have it entered on the docket.
Very Truly Yours,
/s/Walter W. Brown

Walter W. Brown
Attorney
Commercial Litigation Branch
Civil Division
cc: All Counsel (via e-mail)
SO ORDERED on this fOy of October, 2013 that the ‘506 patent case is hereby stayed until
the business day after the President signs into law a budget appropriation that restores
Department of Justice funding. Absent other direction or order from this Court, all Court
deadlines are hereby tolled during the duration of the government shutdown and extended
thereafter for a period of time equal to the number of calendar days between October 1, 2013 and
the date the sident signs intQ law a budget appropriation that restores Department of Justice

DMt Jtr