United States of America et al v. EV3 Endovascular, Inc.
| State of North Carolina, State of Minnesota, State of Florida, State of Connecticut, State of New Mexico, State of New Hampshire, State of Nevada, Commonwealth of Virginia, State of Colorado, State of Maryland, State of Illinois, Commonwealth of Massachusetts, State of Iowa, State of Wisconsin, State of Oklahoma, District of Columbia, State of Tennessee, State of Michigan, State of Rhode Island, State of Delaware, State of Washington, State of Indiana, State of Louisiana, State of Texas, State of New York, State of Montana, Brooke Hallam, State of Hawaii, State of New Jersey, State of Georgia, State of California and United States of America |
| Covidien PLC, Tyco Healthcare Group LP and EV3 Endovascular, Inc. |
| 0:2019cv02560 |
| September 19, 2019 |
| US District Court for the District of Minnesota |
| Hildy Bowbeer |
| Nancy E Brasel |
| Other Statutes: False Claims Act |
| 31 U.S.C. § 3729 |
| Plaintiff |
Docket Report
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Filing 61
ORDER OF RECUSAL. Senior Judge Paul A. Magnuson recused. Case reassigned to Judge Nancy E. Brasel for all further proceedings. NOTE: the new case number is 19-cv-2560 (NEB/HB). Please use this case number for all subsequent pleadings. Signed by Senior Judge Paul A. Magnuson on 9/24/2019. (MKB)
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| (Text-Only) NOTICE - Magistrate Judge Hildy Bowbeer's Practice Pointers, which have been recently revised, are available on the United States District Court for the District of Minnesota's #website. All parties are expected to be familiar with and adhere to these Practice Pointers, including any variances from Local Rules. (JMK) |
| Filing 60 TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Paul A. Magnuson per Civil (3rd, 4th - Master) list, referred to Magistrate Judge Hildy Bowbeer. Please use case number 19-cv-2560 (PAM/HB). (lmb) |
| Filing 59 NOTICE of Withdrawal as Attorney Katharine L. Fisher (Coler, Susan) |
| Filing 58 TEXT ONLY ENTRY: Notice re: Non-Admitted AttorneyWe have received documents listing Katharine L. Fisher as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with #Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with #Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at #href=http://www.mnd.uscourts.gov/FORMS/court_forms.shtml#attorneyforms#. (lmb) |
| Filing 57 Case transferred in from District of California Northern; Case Number 3:15-cv-00091. Original file certified copy of transfer order and docket sheet received. |
| Case electronically transferred to the District of Minnesota. (fabS, COURT STAFF) (Filed on 9/19/2019) [Transferred from California Northern on 9/19/2019.] |
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Filing 56
Order by Judge Vince Chhabria granting #48 Motion to Transfer to the District of Minnesota.(knmS, COURT STAFF) (Filed on 9/16/2019) [Transferred from California Northern on 9/19/2019.]
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| Filing 55 Certificate of Interested Entities by Brooke Hallam (Coler, Susan) (Filed on 9/13/2019) [Transferred from California Northern on 9/19/2019.] |
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Filing 54
Order by Judge Vince Chhabria granting #53 Motion for Pro Hac Vice - Levy.(knm, COURT STAFF) (Filed on 8/26/2019) [Transferred from California Northern on 9/19/2019.]
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| Filing 53 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13646088.) filed by Covidien, PLC, EV3 Endovascular, Inc., Tyco Healthcare Group LP. (Levy, Joshua) (Filed on 8/26/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 52 REPLY (re #48 MOTION to Change Venue (Transfer) to the District of Minnesota ) filed byCovidien, PLC, EV3 Endovascular, Inc., Tyco Healthcare Group LP. (Johnson Palmer, Anne) (Filed on 8/23/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 51 CLERK'S NOTICE VACATING THE MOTION HEARING ON 9/12/2019 RE #48 DEFENDANTS' MOTION TO CHANGE VENUE, AND RESCHEDULING THE INITIAL CASE MANAGEMENT CONFERENCE. After all briefs regarding the motion to change venue are received, the Court will issue a written ruling on the submissions.The Court grants the request to reschedule the initial case management conference. If the motion to change venue is denied, the new CMC date for 9/25/2019 will be an IN-PERSON Case Management Conference. All parties will be required to appear in-person. Case Management Statement due by 9/18/2019. Initial Case Management Conference set for 9/25/2019 10:00 AM in San Francisco, Courtroom 04, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 8/21/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 50 STIPULATION WITH PROPOSED ORDER Continuing Initial Case Management Conference filed by Covidien, PLC, EV3 Endovascular, Inc., Tyco Healthcare Group LP. (Attachments: #1 Declaration of Anne Johnson Palmer in Support of Stipulation and [Proposed] Order Continuing Initial Case Management Conference)(Johnson Palmer, Anne) (Filed on 8/19/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 49 OPPOSITION/RESPONSE (re #48 MOTION to Change Venue (Transfer) to the District of Minnesota ) filed byBrooke Hallam. (Coler, Susan) (Filed on 8/16/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 48 MOTION to Change Venue (Transfer) to the District of Minnesota filed by Covidien, PLC, EV3 Endovascular, Inc., Tyco Healthcare Group LP. Motion Hearing set for 9/12/2019 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 8/16/2019. Replies due by 8/23/2019. (Attachments: #1 Declaration of Anne Johnson Palmer in Support, #2 Declaration of Adam Morris in Support, #3 Proposed Order, #4 Certificate/Proof of Service)(Johnson Palmer, Anne) (Filed on 8/2/2019) [Transferred from California Northern on 9/19/2019.] |
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Filing 47
Order by Judge Vince Chhabria granting in part and denying in part #46 Request to Vacate Case Management Conference. Stipulation to Transfer or Case Management Statement due by 8/28/2019. Telephonic Initial Case Management Conference set for 9/4/2019 10:30 AM.(knm, COURT STAFF) (Filed on 7/30/2019) [Transferred from California Northern on 9/19/2019.]
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| Filing 46 STIPULATION WITH PROPOSED ORDER Vacating Initial Case Management Conference and Related Deadlines filed by Covidien, PLC, EV3 Endovascular, Inc., Tyco Healthcare Group LP. (Attachments: #1 Declaration of Anne Johnson Palmer in Support of Stipulation and [Proposed] Order Vacating Initial Case Management Conference and Related Deadlines)(Johnson Palmer, Anne) (Filed on 7/26/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 45 Corporate Disclosure Statement by Covidien, PLC, EV3 Endovascular, Inc., Tyco Healthcare Group LP identifying Corporate Parent Medtronic plc for Covidien, PLC, EV3 Endovascular, Inc., Tyco Healthcare Group LP. (Johnson Palmer, Anne) (Filed on 7/26/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 44 NOTICE of Appearance by Anne Johnson Palmer on behalf of Defendants EV3 ENDOVASCULAR, INC., TYCO HEALTHCARE GROUP LP, and COVIDIEN PLC (Johnson Palmer, Anne) (Filed on 7/26/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 43 CLERK'S NOTICE RESCHEDULING THE TIME FOR THE CASE MANAGEMENT CONFERENCE AND CONVERTING THE HEARING TO A TELEPHONIC CASE MANAGEMENT CONFERENCE: The matter is rescheduled to the following time due to one or more parties requesting to appear telephonically at the hearing. Relator-Plaintiff shall provide the Court and all other parties a conference line and applicable access code to use during the hearing no later than three court days prior to the case management conference by way of email to the Court (vccrd@cand.uscourts.gov) with a cc to opposing counsel. Telephonic Initial Case Management Conference set for 8/7/2019 10:30 AM. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 7/25/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 42 CLERK'S NOTICE SCHEDULING AN INITIAL CASE MANAGEMENT CONFERENCE FOR 8/7/2019. Case Management Statement due by 7/31/2019. Initial Case Management Conference set for 8/7/2019 10:00 AM in San Francisco, Courtroom 04, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 7/22/2019) [Transferred from California Northern on 9/19/2019.] |
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Filing 41
ORDER LIFTING ORDER TO SHOW CAUSE. The Order to Show Cause #36 is lifted. Signed by Judge Vince Chhabria on July 19, 2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc2S, COURT STAFF) (Filed on 7/19/2019) [Transferred from California Northern on 9/19/2019.]
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| Filing 40 NOTICE of Substitution of Counsel by Sara Winslow (Winslow, Sara) (Filed on 7/17/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 39 RESPONSE TO ORDER TO SHOW CAUSE by Brooke Hallam . (Coler, Susan) (Filed on 7/15/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 38 AFFIDAVIT of Service for ECF Docs 1-30 Executed Waiver of Serviice of Summons, Case Docket Sheet served on All Government Entities on 06/25/2019, filed by Brooke Hallam. (Coler, Susan) (Filed on 7/9/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 37 WAIVER OF SERVICE Returned Executed filed by Brooke Hallam. Service waived by All Defendants. (Coler, Susan) (Filed on 7/9/2019) [Transferred from California Northern on 9/19/2019.] |
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Filing 36
ORDER TO SHOW CAUSE. Order to Show Cause Hearing set for 7/31/2019 10:00 AM. Show Cause Response due by 7/16/2019. Signed by Judge Vince Chhabria on 7/9/2019. (knm, COURT STAFF) (Filed on 7/9/2019) [Transferred from California Northern on 9/19/2019.]
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Filing 35
Order by Judge Vince Chhabria granting #34 Motion for Pro Hac Vice - Coler.(knm, COURT STAFF) (Filed on 7/5/2019) [Transferred from California Northern on 9/19/2019.]
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| Filing 34 MOTION for leave to appear in Pro Hac Vice of Attorney Susan M. Coler ( Filing fee $ 310, receipt number 0971-13486727.) filed by Brooke Hallam. (Coler, Susan) (Filed on 7/2/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 33 NOTICE of Appearance by Katharine Lindsay Fisher (Fisher, Katharine) (Filed on 7/1/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 32 NOTICE of Appearance by Kimberly Friday (Friday, Kimberly) (Filed on 4/22/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 31 Mail sent to Michael Johnson returned as undeliverable re #30 Order. (fabS, COURT STAFF) (Filed on 4/16/2019) [Transferred from California Northern on 9/19/2019.] |
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Filing 30
ORDER RE NOTICE OF DECLINATION AND REQUEST TO UNSEAL. Signed by Judge Vince Chhabria on 4/3/2019. (Attachments: #1 Certificate/Proof of Service)(knmS, COURT STAFF) (Filed on 4/3/2019) [Transferred from California Northern on 9/19/2019.]
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| Filing 29 Mail sent to Michael A. Johnson returned as undeliverable re #27 Clerk's Notice of Impending Reassignment. (aaaS, COURT STAFF) (Filed on 3/18/2019) (aaaS, COURT STAFF). [Transferred from California Northern on 9/19/2019.] |
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Filing 28
ORDER REASSIGNING CASE. Case reassigned to Judge Vince Chhabria for all further proceedings. Magistrate Judge Elizabeth D. Laporte no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by the Clerk on 3/8/19. (Attachments: #1 Notice of Eligibility for Video Recording)(srnS, COURT STAFF) (Filed on 3/8/2019) [Transferred from California Northern on 9/19/2019.]
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| Filing 27 NOTICE OF IMPENDING REASSIGNMENT TO A UNITED STATES DISTRICT COURT JUDGE. The Clerk of this Court will now reassign this case to a United States District Judge because one or more of the parties has not consented to the jurisdiction of a United States Magistrate Judge.You will be informed by separate notice of the District Judge to whom this case is reassigned. (Attachments: #1 certificate of service) (shyS, COURT STAFF) (Filed on 3/7/2019) Modified on 3/7/2019 (shyS, COURT STAFF). [Transferred from California Northern on 9/19/2019.] |
| Filing 26 NOTICE OF ELECTION TO DECLINE INTERVENTION; [PROPOSED] ORDER TO UNSEAL; by United States of America (aaaS, COURT STAFF) (Filed on 3/1/2019) (aaaS, COURT STAFF). (Additional attachment(s) added on 3/5/2019: #1 Proposed Order) (aaaS, COURT STAFF). [Transferred from California Northern on 9/19/2019.] |
| Filing 25 Mail sent to Matthew Tolve returned as undeliverable re #24 Order on Stipulation. (aaaS, COURT STAFF) (Filed on 2/26/2019) [Transferred from California Northern on 9/19/2019.] |
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Filing 24
ORDER granting Stipulation and Request to Amend Partial Seal Order to Allow Parties to Conduct Mediation signed by Magistrate Judge Elizabeth D. Laporte: granting #23 Stipulation. (shyS, COURT STAFF) (Filed on 2/5/2019) (Additional attachment(s) added on 2/6/2019: #1 Certificate/Proof of Service certificate of service) (shyS, COURT STAFF). [Transferred from California Northern on 9/19/2019.]
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| Filing 23 STIPULATION AND REQUEST TO AMEND PARTIAL SEAL ORDER TO ALLOW PARTIES TO CONDUCT MEDIATION; filed by Attorneys for Relator (aaaS, COURT STAFF) (Filed on 2/1/2019)PER CHAMBERS (aaaS, COURT STAFF). (Additional attachment(s) added on 2/4/2019: #1 Proposed Order) (aaaS, COURT STAFF). [Transferred from California Northern on 9/19/2019.] |
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Filing 22
ORDER granting Stipulation and Request for Enlargement of Time signed by Magistrate Judge Elizabeth D. Laporte: granting #21 Stipulation. (Attachments: #1 certificate of service)(shyS, COURT STAFF) (Filed on 12/26/2018) [Transferred from California Northern on 9/19/2019.]
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| Filing 21 STIPULATION AND REQUEST FOR ENLARGMENT OF TIME; [PROPOSED] ORDER; filed by United States of America. (aaaS, COURT STAFF) (Filed on 12/20/2018) (aaaS, COURT STAFF). [Transferred from California Northern on 9/19/2019.] |
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Filing 20
ORDER granting Stipulation and Request for Enlargement of Time signed by Magistrate Judge Elizabeth D. Laporte: granting #19 Stipulation. (Attachments: #1 certificate of service)(shyS, COURT STAFF) (Filed on 10/3/2018) [Transferred from California Northern on 9/19/2019.]
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| Filing 19 STIPULATION WITH PROPOSED ORDER REQUEST FOR ENLARGMENT OF TIME; filed by United States of America. (aaaS, COURT STAFF) (Filed on 10/1/2018) (aaaS, COURT STAFF). (Additional attachment(s) added on 10/2/2018: #1 Proposed Order) (aaaS, COURT STAFF). [Transferred from California Northern on 9/19/2019.] |
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Filing 18
ORDER granting Stipulation and Request for Enlargement of Time signed by Magistrate Judge Elizabeth D. Laporte: granting #17 Stipulation. (shyS, COURT STAFF) (Filed on 7/5/2018) (Additional attachment(s) added on 7/5/2018: #1 certificate of service) (shyS, COURT STAFF). [Transferred from California Northern on 9/19/2019.]
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| Filing 17 STIPULATION AND REQUEST FOR ENLARGEMENT OF TIME; [PROPOSED] ORDER; filed by United States of America. (aaaS, COURT STAFF) (Filed on 7/2/2018) (aaaS, COURT STAFF). (Additional attachment(s) added on 7/2/2018: #1 Proposed Order) (aaaS, COURT STAFF). [Transferred from California Northern on 9/19/2019.] |
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Filing 16
ORDER granting Stipulation and Request for Enlargement of Time signed by Magistrate Judge Elizabeth D. Laporte: granting #15 Stipulation. (shyS, COURT STAFF) (Filed on 4/23/2018) (Additional attachment(s) added on 4/24/2018: #1 certificate of service) (shyS, COURT STAFF). [Transferred from California Northern on 9/19/2019.]
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| Filing 15 STIPULATION AND REQUEST FOR ENLARGEMENT OF TIME; filed by United States of America. (aaaS, COURT STAFF) (Filed on 3/28/2018) (aaaS, COURT STAFF). (Additional attachment(s) added on 4/3/2018: #1 Proposed Order) (aaaS, COURT STAFF). [Transferred from California Northern on 9/19/2019.] |
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Filing 14
ORDER granting Stipulation and Request for Enlargement of Time signed by Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 12/6/2017) (Additional attachment(s) added on 12/8/2017: #1 certificate of service) (shyS, COURT STAFF). [Transferred from California Northern on 9/19/2019.]
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Filing 13
ORDER granting Stipulation and Request for Enlargement of Time signed by Magistrate Judge Elizabeth D. Laporte:granting #12 Stipulation. (shyS, COURT STAFF) (Filed on 6/2/2017) (Additional attachment(s) added on 6/5/2017: #1 certificate of service) (shyS, COURT STAFF). [Transferred from California Northern on 9/19/2019.]
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| Filing 12 STIPULATION and Request for Enlargement of Time; [Proposed] Order filed by filed by United States of America. (shyS, COURT STAFF) (Filed on 5/31/2017) (Main Document 12 replaced on 5/31/2017) (rcsS, COURT STAFF). [Transferred from California Northern on 9/19/2019.] |
| Filing 11 CONSENT to Proceed Before a US Magistrate Judge by Brooke Hallam. (shyS, COURT STAFF) (Filed on 12/22/2016) Modified on 12/23/2016 (aaaS, COURT STAFF). [Transferred from California Northern on 9/19/2019.] |
| Filing 10 CLERK'S NOTICE TO PLAINTIFFS Re: Consent or Declination. Plaintiffs shall file a consent or declination to proceed before a magistrate judge by 12/7/2016. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (Attachments: #1 certificate of service) (shyS, COURT STAFF) (Filed on 11/23/2016) [Transferred from California Northern on 9/19/2019.] |
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Filing 9
ORDER granting Stipulation and Request for Enlargement of Time signed by Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 11/17/2016) (Additional attachment(s) added on 11/18/2016: #1 certificate of service) (shyS, COURT STAFF). [Transferred from California Northern on 9/19/2019.]
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Filing 8
ORDER granting Stipulation and Request for Enlargement of Time signed by Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 5/27/2016) (Additional attachment(s) added on 6/1/2016: #1 Certificate of Service) (shyS, COURT STAFF). [Transferred from California Northern on 9/19/2019.]
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Filing 7
ORDER granting Stipulation and Request for Enlargement of Time by Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 12/3/2015) (Additional attachment(s) added on 12/4/2015: #1 Certificate of Service) (shyS, COURT STAFF). [Transferred from California Northern on 9/19/2019.]
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Filing 6
STIPULATION AND ORDER signed by Magistrate Judge Elizabeth D. Laporte on 6/3/15. The United States and the plaintiff-States shall have up to and including 12/4/15, to inform the Court of their decisions whether to intervene in this matter. The United States is permitted to disclose, in its discretion, in whole or in part, this order, the Complaint (and any amended complaints that relator(s) may file in this case), and the allegations or nature of the claims asserted in the Complaint (and any amended complaints that relator(s) may file in this case) to Defendant and its counsel. This matter shall otherwise remain under seal until further order of the Court.(mclS, COURT STAFF) (Filed on 6/3/2015) [Transferred from California Northern on 9/19/2019.]
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| Filing 5 Stipulation and Request for Enlargement of Time and Amendment to Partial Lift Order ; [Proposed Order] by United States of America. (Attachments: #1 Certificate/Proof of Service)(mclS, COURT STAFF) [Transferred from California Northern on 9/19/2019.] |
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Filing 4
RELATED CASE ORDER by Magistrate Judge Elizabeth D. Laporte. The Court finds that United States ex rel. Hallam v. EV3 Endovascular, Inc., et al. (case number 15-0091 DMR) is related to United States ex rel. Hayes, et al. v. Covidien, Inc. (case number C 14-1511 EDL). (Attachments: #1 certificate of service)(shyS, COURT STAFF) (Filed on 1/15/2015) [Transferred from California Northern on 9/19/2019.]
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| Case Reassigned to Magistrate Judge Elizabeth D. Laporte. Magistrate Judge Donna M. Ryu no longer assigned to the case. (asS, COURT STAFF) (Filed on 1/15/2015) [Transferred from California Northern on 9/19/2019.] |
| Filing 3 CLERK'S NOTICE re Transfer of Case (Attachments: #1 Certificate/Proof of Service) (vlkS, COURT STAFF) (Filed on 1/12/2015) [Transferred from California Northern on 9/19/2019.] |
| Filing 2 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/1/2015. Case Management Conference set for 4/8/2015 01:30 PM. (vlkS, COURT STAFF) (Filed on 1/7/2015) (Additional attachment(s) added on 1/9/2015: #1 Standing Order) (vlkS, COURT STAFF). [Transferred from California Northern on 9/19/2019.] |
| Filing 1 Case transferred in from District of Northern Illinois; Case Number 1:14-cv-8331. Original file certified copy of transfer order filed byBrooke Hallam. (Attachments: #1 Complaint, #2 Affidavit of Service, #3 Fee information sheet, #4 Motion to Amend, #5 Order to File Amended Complaint, #6 Order to Partially Lift Seal, #7 Order to Transfer, #8 Order to Transfer)(vlkS, COURT STAFF) (Filed on 1/7/2015) [Transferred from California Northern on 9/19/2019.] |
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