Kurnik et al v. Amgen Inc et al

Filing 58

ORDER re 55 Order to Unseal Case, declining to seal the activity in this case prior to the Government's partial intervention, staying the ruling for thirty days, and notifying that during the thirty day stay any interested party may note a proper appeal of the Order, or may file a motion for reconsideration of the Order. Signed by Honorable Joseph F. Anderson, Jr. on 01/23/2014. (bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA

United States of America, ex rel. Frank Kurnik,
et al.,
Plaintiffs,
v.
Omnicare, Inc.; Pharmerica Corp.; and Kindred
Healthcare, Inc.,
Defendants.
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C/A: 3:11-1464-JFA

ORDER

Supplementing this court’s order of November 26, 2013 (ECF No. 55), the court declines to
seal the activity in this case prior to the Government’s partial intervention. The court finds
persuasive the analysis provided in United States v. King Pharmaceuticals, Inc., 806 F.Supp.2d 833
(D.Md. 2011).
Therefore, the entire docket in this action and all documents that have been filed in it shall
be unsealed, provided, however, that this ruling is STAYED for thirty days following the entry of
this order. The Clerk is directed NOT TO UNSEAL any other documents in this case until further
order of this court. During the thirty day stay, any interested party may note a proper appeal of this
Order, or may file a motion for reconsideration of this Order.
This court’s order of November 26, 2013 (ECF No. 55) provided “the relator shall serve its
complaint upon Defendants PharMerica, Corp. and Kindred Healthcare, Inc.” No summonses have
been issued in this case and the court is unaware of any efforts made by the relator to serve the
complaint on those defendants. This court should have been more explicit in its desire to have the
complaint served upon those defendants as soon as possible. Therefore, the court orders the relator
to serve the complaint upon Defendants Pharmerica, Corp. and Kindred Healthcare Inc. by February
9, 2014: the same date the Government is to serve the complaint, and any amended complaint, upon

Defendant Omnicare, Inc., or file a notice of dismissal of claims against Defendant Omnicare, Inc.
IT IS SO ORDERED.
January 22, 2014
January 23, 2014
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge