ABC v. DEF
Case Number: 1:2015cv00903
Filed: May 29, 2020
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Nature of Suit: Qui Tam (31 U.S.C. § 3729(a))
Cause of Action: 31 U.S.C. ยง 3729 False Claims Act
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Date Filed Document Text
April 17, 2023 Opinion or Order Filing 194 ORDER: Accordingly, final judgment is hereby entered for Defendants, and the Clerk of Court is respectfully directed to close this action. See Fed. R. Civ. P. 58(a) (providing that a final judgment be set out in a "separate document"). (Signed by Judge Ronnie Abrams on 4/17/2023) (ate)
March 28, 2023 Opinion or Order Filing 190 OPINION & ORDER re: 174 LETTER MOTION to Seal Certain Exhibits to the Declaration of Nicholas Pastan in Support of Defendants' Motion to Dismiss the Second Amended Complaint addressed to Judge Ronnie Abrams from Ethan M. Posner dated July 15, 2022. filed by McKesson Corporation, McKesson Specialty Care Distribution Corporation, McKesson Specialty Distribution LLC, 171 MOTION to Dismiss the Second Amended Complaint. filed by McKesson Corporation, McKes son Specialty Care Distribution Corporation, McKesson Specialty Distribution LLC. For the foregoing reasons, the motion to dismiss is granted without prejudice. The Clerk of Court is respectfully directed to terminate the motions pending at docket entries 171 and 174. (Signed by Judge Ronnie Abrams on 3/28/2023) (ate)
February 24, 2023 Opinion or Order Filing 187 ORDER: Now pending before the Court is Defendants' motion to dismiss the Second Amended Complaint. See Dkt. 171. Oral argument on the motion is hereby scheduled for Wednesday, March 15, 2023 at 11:00 a.m. via Microsoft Teams. Th e public may use the following dial-in information to access an audio-only line for the proceeding: (646) 453-4442; Conference ID: 821 486 454#. SO ORDERED. ( Oral Argument set for 3/15/2023 at 11:00 AM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 2/24/2023) (tg)
August 29, 2022 Opinion or Order Filing 183 ORDER GRANTING MOTION TO FILE RELATOR'S OPPOSITION TO DEFENDANTS' MOTION TO DISMISS THE SECOND AMENDED COMPLAINT IN REDACTED FORM granting 181 Letter Motion to Seal. Relator's August 26, 2022 Motion to File the Relator's Op position to Defendant's Motion to Dismiss the Second Amended Complaint in Redacted Form is GRANTED. Relator's Opposition to Defendants' Motion to Dismiss the Second Amended Complaint shall be filed provisionally in redacted form. (Signed by Judge Ronnie Abrams on 8/29/2022) (ate)
June 24, 2022 Opinion or Order Filing 167 ORDER: denying 165 Letter Motion to Seal. Application denied. The proposed redactions are not narrowly tailored to protect Defendants' privacy interests. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). Among other things, the designation of McKesson's documents as "confidential" is insufficient on its own to overcome the presumption of public access. Dodona I, LLC v. Goldman, Sachs & Co., 119 F. Supp. 3d 152, 155 (S.D.N.Y. 2015) ("[E]ven if materia l is properly designated as Confidential or Highly Confidential by a protective order governing discovery, that same material might not overcome the presumption of public access once it becomes a judicial document."). Moreover, McKesson's p rivacy interest in protecting its internal business and salesstrategies does not warrant the permanent sealing of the substantial portions of the Second Amended Complaint that describe the core of the alleged wrongdoing. See Brandon v. NPG Recs., Inc ., No. 1:19-CV-01923 (GHW), 2020 WL 2086008, at *11 (S.D.N.Y. Apr. 30, 2020), aff'd, 840 F. App'x 605 (2d Cir. 2020) (denying sealing request where "Plaintiff's only justification for sealing [was] that the information "conta ins proprietary business information which is generally not available to the public and/or is information that is subject to confidentiality agreements."). Accordingly, the application to permanently seal the Second Amended Complaint is denied. Defendants may, however, file proposed redactions that are more narrowly tailored to its asserted interests by July 8, 2022. SO ORDERED. (Signed by Judge Ronnie Abrams on 6/24/2022) (ama)
June 9, 2022 Opinion or Order Filing 161 ORDER granting 157 Letter Motion to Seal. Application granted. No later than June 22, 2022 the parties shall submit a letter explaining why the redacted portions should remain under seal in light of the public's presumptive right of access. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119 (2d Cir. 2006). Hart shall also submit a redline comparing the First and Second Amended Complaints. (Signed by Judge Ronnie Abrams on 6/9/2022) (ate)
May 5, 2022 Opinion or Order Filing 155 OPINION & ORDER re: 51 MOTION to Dismiss Complaint. filed by McKesson Specialty Care Distribution JV LLC, McKesson Corporation, McKesson Specialty Care Distribution Corporation, McKesson Specialty Distribution LLC. For the re asons stated above, the motion to dismiss is granted, albeit with leave to amend. If he chooses to do so, Plaintiff may file a second amended complaint no later than June 7, 2022. The Clerk of Court is respectfully directed to terminate the motion at docket number 51. ( Amended Pleadings due by 6/7/2022.) (Signed by Judge Ronnie Abrams on 5/5/2022) (ate)
February 15, 2022 Opinion or Order Filing 148 ORDER: Oral argument on the motion to dismiss is hereby scheduled for March 7, 2022 at 4:00 p.m., and will be held by videoconference. The public may access the argument using the following the dial-in information: Call-in Number: (917) 933-2166 ; Access Code 830204610#. The Court will contact the parties the day before argument regarding the videoconferencing technology. SO ORDERED. ( Oral Argument set for 3/7/2022 at 4:00 PM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 2/15/2022) (vfr)
August 11, 2021 Opinion or Order Filing 118 ORDER: The Court will hold a status conference on September 29, 2021 at 4:00 p.m. Counsel should contact chambers using the Court's conference line, (877) 873-8017 (Access Code: 5277586). The parties are directed to submit any letter- motion s seeking relief from the Court by September 22, 2021. Any responses are due by September 27, 2021 at 5:00 p.m. SO ORDERED. ( Motions due by 9/22/2021., Responses due by 9/27/2021, Telephone Conference set for 9/29/2021 at 04:00 PM before Magistrate Judge James L. Cott.) (Signed by Magistrate Judge James L. Cott on 8/11/2021) (vfr)
June 16, 2021 Opinion or Order Filing 101 ORDER REGARDING RELATOR'S PRODUCTION OF COMMUNICATIONS WITH THE DEPARTMENT OF JUSTICE: It is HEREBY ORDERED that, pursuant to Federal Rule of Evidence 502(d), the production by Relator to Defendants in the above-captioned litigation of communi cations between Relator (including Relator's counsel) and the U.S. Department of Justice ("DOJ") regarding the sharing of documents between DOJ and Relator, and regarding the DOJ's consent to Relator's production of those d ocuments in the above-captioned litigation, shall not constitute a waiver of any privilege or protection that may apply to those communications in this action, including any common-interest privilege or attorney work product protection, and shall not constitute a waiver in any other federal or state proceeding. (Signed by Magistrate Judge James L. Cott on 6/16/2021) (nb)
May 13, 2021 Opinion or Order Filing 92 ORDER. For the reasons set forth on the record, Defendants' request to have Relator withdraw his May 3rd production of documents previously produced by McKesson in response to the Department of Justice's Civil Investigative Demand ("CI D") (Dkt. No. 88) is denied. Any question as to Relator's use of the CID documents in this litigation is deferred at this time and will be addressed when the issue becomes ripe for decision. Lastly, the Court will hold the next conference o n June 16, 2021 at 3:00 p.m. Counsel should contact chambers using the Court's conference line, (877) 873-8017 (Access Code: 5277586). The parties are directed to submit any letter-motions seeking relief from the Court by June 9, 2021. Any respo nses are due by June 14, 2021 at 5:00 p.m. The Clerk is directed to close Docket No. 88 and mark it as "denied." SO ORDERED. Denying 88 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge James L. Cott from Ethan M. Posner dated May 10, 2021. Document filed by McKesson Corporation, McKesson Specialty Care Distribution Corporation, McKesson Specialty Care Distribution JV LLC, McKesson Specialty Distribution LLC. (Signed by Magistrate Judge James L. Cott on 5/13/2021) (rjm)
February 9, 2021 Opinion or Order Filing 78 STIPULATION REGARDING PROTECTION OF CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Magistrate Judge James L. Cott on 2/9/21) (yv)
December 18, 2020 Opinion or Order Filing 73 ORDER: Upon consideration of the arguments made by the parties in Wednesday's conference, the Court has decided to refer this case to Magistrate Judge Cott for general pre-trial purposes, including the pending motion to stay discovery and the pending application for a protective order. The Court will formally make this reference by separate order. SO ORDERED. (Signed by Judge Ronnie Abrams on 12/18/2020) (kv)
August 25, 2020 Opinion or Order Filing 48 ORDER granting 46 Motion to Unseal Document. Accordingly: IT IS HEREBY ORDERED that the Court's March 12, 2015 Order for Admission Pro Hac Vice shall be unsealed as of today's date. SO ORDERED. (Signed by Judge Ronnie Abrams on 8/25/2020) (rj) Transmission to Sealed Records Clerk for processing.
July 10, 2020 Opinion or Order Filing 24 ORDER UNSEALING AMENDED COMPLAINT. Pursuant to the Court's May 29, 2020 Order (Dkt. No. 15), it is hereby ordered that Relator's First Amended Complaint (Dkt No. 16) and the Exhibits to the First Amended Complaint (Dkt No. 19) shall be unsealed. The Clerk of Court is respectfully directed to unseal the documents at docket entries 16 and 19. SO ORDERED. (Signed by Judge Ronnie Abrams on 7/10/20) (yv)
May 29, 2020 Opinion or Order Filing 15 ORDER, The Relator's complaint shall be unsealed thirty days after entry of this Order and,in the event that the Relator has not moved to dismiss the action, service upon the defendants by the Relator is authorized as of that date. If the Relat or voluntarily dismisses the complaint pursuant to Rule 4l(a)(l) of the Federal Rules of Civil Procedure within this thirty-day period,he may seek to modify this Order with the consent of the United States and the Plaintiff States or by motion on not ice to the United States and the Plaintiff States. All documents filed in this action prior to the entry of this Order shall remain under seal and not be made public, except for, thirty days after entry of this Order, Relator's complaint, this O rder, and the Government's Notice of Decision to Decline Intervention (the "Government's Notice of Decision"). The Relator will serve upon the defendants this Order and the Government's Notice of Decision only after service o f the complaint. The seal shall be lifted as to all other matters occurring in this action after the dateof this Order. The parties shall serve all pleadings, motions, and notices of appeal filed in this matter, including supporting memoranda, upon t he United States and the Plaintiff States. The United States and the Plaintiff States may order any transcripts of depositions. The United States and the Plaintiff States may seek to intervene with respect to the allegations in the Relator's com plaint, for good cause, at any time or seek dismissal of this action. All orders of this Court in this matter shall be sent to the United States and thePlaintiff States by the Relator. Should the Relator or the defendants propose that the complaint o r any of its allegations be dismissed, settled, or otherwise discontinued, or that any of the defendants be dismissed from the case, the party or parties proposing such relief must solicit the written consent of the United States and the Plaintiff St ates before applying for Court approval. IT IS HEREBY FURTHER ORDERED, WITH RESPECT TO THE CLAIMS ASSERTED BY THE RELATOR ON BEHALF OF THE STATE OF MARYLAND, THAT: All claims asserted on behalf of the State of Maryland are hereby DISMISSED WITHOUT PREJUDICE, SO ORDERED: (Signed by Judge Ronnie Abrams on 03/13/2020) (dn)
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