ABC v. DEF

Filing 279

ORDER granting 266 Letter Motion to Compel. As stated at the discovery conference before the Court on May 25, 2023, the Court is in the midst of conducting the privilege review and has reviewed up to Tab 74 (out of 125). Some documents are curre ntly being investigated by Defendants based on the Court's questions. Defendants are directed to provide an update to the Court as to the documents they are investigating by no later than Friday, June 2, 2023.Moreover, the Court has determined that the following documents are not privileged and should be produced to the Government: Tabs 9-10, 11 (the first email should be redacted, and the rest of the chain should be produced), 18, 27, 39-43, 47, and 53-58. The Court will issue an order with respect to the remaining tabs as soon as the review is complete. In addition, for the reasons stated at the conference, Defendants are directed to produce to the Government all inadvertently withheld documents by no later than Wednesday, May 31, 2023, but should endeavor to produce these documents sooner if possible. Defendants are also directed to produce to the Government the index prepared for the Court in connection with the privilege review. Finally, with respect to the Government& #039;s May 15, 2023 letter motion to compel (ECF No. 266), the Government's request to reopen the 30(b)(6) deposition of Omnicare's Fort Worth representative is granted. The deposition must be taken virtually and within a 45 minute time frame. The Clerk of Court is directed to terminate the motion at ECF No. 266.. (Signed by Magistrate Judge Valerie Figueredo on 5/25/2023) (rro)

Case 1:15-cv-04179-CM-VF Document 279 Filed 05/25/23 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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UNITED STATES OF AMERICA, et al. ex rel. URI
BASSAN,
Plaintiffs,

5/25/2023

15-CV-04179 (CM) (VF)
ORDER

-againstOMNINCARE, INC.,
Defendant.
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UNITED STATES OF AMERICA,
Plaintiff,
-againstOMNINCARE, INC. and CVS HEALTH
CORP.,
Defendants.
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VALERIE FIGUEREDO, United States Magistrate Judge.
As stated at the discovery conference before the Court on May 25, 2023, the Court is in
the midst of conducting the privilege review and has reviewed up to Tab 74 (out of 125). Some
documents are currently being investigated by Defendants based on the Court’s questions.
Defendants are directed to provide an update to the Court as to the documents they are
investigating by no later than Friday, June 2, 2023.
Moreover, the Court has determined that the following documents are not privileged and
should be produced to the Government: Tabs 9-10, 11 (the first email should be redacted, and the
rest of the chain should be produced), 18, 27, 39-43, 47, and 53-58. The Court will issue an order
with respect to the remaining tabs as soon as the review is complete.

Case 1:15-cv-04179-CM-VF Document 279 Filed 05/25/23 Page 2 of 2
In addition, for the reasons stated at the conference, Defendants are directed to produce to
the Government all inadvertently withheld documents by no later than Wednesday, May 31,
2023, but should endeavor to produce these documents sooner if possible. Defendants are also
directed to produce to the Government the index prepared for the Court in connection with the
privilege review.
Finally, with respect to the Government’s May 15, 2023 letter motion to compel (ECF
No. 266), the Government’s request to reopen the 30(b)(6) deposition of Omnicare’s Fort Worth
representative is granted. The deposition must be taken virtually and within a 45 minute time
frame. The Clerk of Court is directed to terminate the motion at ECF No. 266.
SO ORDERED.
DATED:

New York, New York
May 25, 2023
___________________________
VALERIE FIGUEREDO
United States Magistrate Judge

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