United States of America et al v. Bristol-Myers Squibb Co., et al

Filing 24

Order to Unseal Case signed by Judge William O. Bertelsman on 1/24/14. IT IS ORDERED that 1. the complaint and amended complaint be unsealed and served upon the defendant by the relators; 2. all other contents of the Court's file in this action remain under seal and not be made public or served upon the defendants, except for the filing of this case, this Order, and the Govemment's Notice of Election to Decline Intervention, which the relators will serve upon the defendant only after service of the complaint. (eh1)

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

UNITED STATES OF AMERICA ex rei.
JOSEPH IBANEZ, el ai.,

Civil Action No.1: 11 "cv"029
Judge Bertelsman

Relators,
vs.

FILED UNDER SEAL

BRISTOL"MYERS SQUIBB COMPANY,
Defendant.

ORDER
The United States and ali government entities named as plaintiffs in this action, having
declined to intervene in this action pursuant to the False Claims Act, 31 U.S.C. § 3730(b)(4)(B),
and the con'esponding sections of the false claims statutes of the respective Plaintiff States, the
Court rules as follows:
IT IS ORDERED that,
1.

the complaint and amended complaint be unsealed and served upon the defendant by

the relators;
2,

all other contents of the Court's file in tlus action remain under seal and not be made

public or served upon the defendants, except for the filing of this case, this Order, and the
Govemment's Notice of Election to Decline Intervention, which the relators will serve upon the
defendant only after service of the complaint;
3.

the seal be lifted as to all other matters OCCUlTing in this action after the filing of the

Government's Notice of Election to Decline Intervention;

4.

the parties shall serve all pleadings and motions filed in this action, including

supporting memoranda, upon the United States, as provided for in 31 U.S.C. § 3730(c)(3), and
upon the Plaintiff States under the corresponding sections of the false claims statutes of the
respective Plaintiff States.

The United States and Plaintiff States may order any deposition

transcripts and are entitled to intervene in this action, for good cause, at any time;
5.

the parties shall serve all notices ofappeal upon the United States and Plaintiff

States; and
6.

shouJd the relator or the defendant propose that this action be dismissed, settled. or

otherwise discontinued, the Court will solicit the written consent of the United States and
Plaintiff States before ruling or granting its approval.

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UNITED STATES DISTRICT JUDGE

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