United States of America et al v. Pharmerica Corp. et al

Filing 11

ORDER denying 10 MOTION for Relief of Obligation to Respond to Subpoena for 30 Days Pending Settlement (Unopposed), directing the Department of Justice to respond to the subpoena on or before August 15, 2015. Signed by Honorable Joseph F. Anderson, Jr. on 07/21/2015.(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.
PHARMERICA CORP, et al.,
Defendants.
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C/A: 3:15-2575-JFA

ORDER

The United States Department of Justice, on behalf of the Centers for Medicare and
Medicaid Services, has moved for relief of its obligation to respond to Pharmerica Corp.’s
subpoena for 30 days to allow the parties to finalize a resolution of all claims in the
underlying litigation.
As this Court has learned from other litigation in this district, the fact that the qui tam
relator and the present Defendants have agreed to a settlement does not mean that the case
will not go forward to a trial if the Government does not consent to the settlement. If the
Court grants the request, no activity will occur while the Government studies the proposed
settlement in an effort to determine whether to agree with it.
Not wishing to delay the ultimate resolution of this case one way or the other, the
Court is constrained to deny the motion and require the Department of Justice to respond to
the subpoena on or before August 15, 2015. This will allow the case to continue moving
forward in the event that the settlement is not consummated.

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IT IS SO ORDERED.

July 21, 2015
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

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