ABC v. DEF

Filing 309

ORDER terminating 308 Letter Motion for Discovery. Defendants' motion to compel documents withheld on delibertive-process grounds (ECF Nos. 268, 270) remains pending. The Clerk of Court is directed to terminate the motion at ECF No. 308. (Signed by Magistrate Judge Valerie Figueredo on 7/28/2023) (rro)

BENJAMIN HAZELWOOD
[phone]
[e-mail]

July 26, 2023
Via ECF

7-28-2023

Defendants' motion to compel
documents withheld on delibertiveprocess grounds (ECF Nos. 268, 270)
remains pending. The Clerk of Court
is directed to terminate the motion at
ECF No. 308.

Hon. Valerie Figueredo
United States District Court
for the Southern District of New York
500 Pearl Street
New York, New York 10007
Re:

United States ex rel. Bassan v. Omnicare, Inc. and CVS Health Corp.,
No. 15 Civ. 4179 (CM) (VF)

Dear Judge Figueredo:
We write to seek clarification of the status of Defendants’ motion to compel documents
withheld on deliberative-process grounds. (Dkt. 268, refiled under seal at Dkt. 270.) Defendants
understand the motion remains pending, including because the Court has not issued any order
purporting to resolve those docket entries. Defendants, however, have some confusion in light of
the Court’s July 18, 2023 order terminating Defendants’ supplement to its pending motion. (Dkt.
304.)
The July 18 order explained the Court’s reasoning for terminating the government’s letter
motion to appoint a special master, Dkt. 299, and then in the last sentence stated that “[t]he Clerk
of Court is directed to terminate the motions at 298 and 299.” The written order does not mention
denying the underlying motion to compel, and Defendants are not aware of any memorandum from
the Court detailing reasons for denying that motion. At the same time, the Pacer entry at docket
304 references “denying” docket entries 298 and 299.
In light of these conflicting entries and the fourteen-day requirement for objecting to an
adverse ruling, Fed. R. Civ. P. 72(a), Defendants seek confirmation that Defendants’ motion to
compel documents withheld on deliberative-process (Dkts. 268, 270) remains pending.
Sincerely,

Benjamin Hazelwood