ABC v. DEF
| 1:2015cv04179 |
| December 13, 2019 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Qui Tam (31 U.S.C. § 3729(a)) |
| 31 U.S.C. ยง 3729 False Claims Act |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
205
ORDER terminating 126 Letter Motion to Compel; terminating 127 Letter Motion to Compel; terminating 139 Letter Motion for Extension of Time; terminating 160 Letter Motion to Compel; terminating 189 Letter Motion for Discovery. For the reasons discussed at the conferences held on October 13-14 and 21, 2022, the Clerk of Court is directed to terminate the motions at ECF Nos. 126, 127, and 139. For the reasons discussed at the conference held on November 16, 2022, the Clerk of Court is directed to terminate the motion at ECF No 160. For the reasons discussed at the conference held on February 28, 2023, the Clerk of Court is directed to terminate the motion at ECF No. 189. SO ORDERED. (Signed by Magistrate Judge Valerie Figueredo on 3/1/2023) (rro)
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Filing
190
ORDER with respect to 189 Letter Motion for Discovery. Omnicare is directed to respond to the Government's letter motion (ECF No. 189) by Tuesday, February 21, 2023. Any reply by the Government is due by no later than Friday, February 24, 2023 at 5:00 p.m. The Court will address this issue at the conference scheduled for Tuesday, February 28, 2023 at 2:30 p.m. (Signed by Magistrate Judge Valerie Figueredo on 2/17/2023) (rro)
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Filing
185
ORDER granting 184 Letter Motion to Compel. A discovery conference is hereby scheduled for Wednesday, February 8, 2023 at 3:00 p.m. Counsel for the parties are directed to call Judge Figueredo's AT&T conference line at the scheduled time . Please dial (888) 808-6929; access code 9781335. Any response to the Government's letter motion to compel (ECF No. 184) is due by no later than Monday, February 6, 2023 at 5:00 p.m. (Signed by Magistrate Judge Valerie Figueredo on 2/3/2023) (ate)
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Filing
181
ORDER granting 173 Letter Motion for Extension of Time; denying 176 Letter Motion to Compel; granting 177 Letter Motion for Extension of Time.For the reasons stated at the discovery conference held on January 17, 2023, the Court adopts the updated scheduling order below: January 20, 2023: Defendants' deadline to complete document production; February 3, 2023: Government's deadline to complete document production; March 1, 2023: Government to designate its experts; April 1, 2023: Government completes Rule 30(b)(6) depositions of defendant; Defendants designate their experts; Defendants must identify 30(b)(6) witnesses by three weeks before the date of the deposition; April 30, 2023: Government must identify the eq uivalent of Rule 30(b)(6) witnesses representing the agencies designated by Defendant by three weeks before the date of the deposition; May 3, 2023: Deadline for Government's geriatrician and long-term care expert reports; May 14, 2023: Dea dline for Government's pharmacy and statistical expert reports; June 5, 2023: Parties complete all fact depositions, including Rule 30(b)(6) depositions or their equivalents of government agencies; June 12, 2023: Deadline for Defendants' expert reports; June 23, 2023: All expert depositions completed; June 30, 2023: Deadline for all expert rebuttal reports. Additionally, for the reasons stated at the conference, Defendants' letter motion "request[ing] that the Court perm it them to serve a handful of Requests for Admission" concerning issues raised in ECF No. 176 is DENIED. The Clerk of Court is directed to terminate the motions at ECF Nos. 173, 176, and 177. (Signed by Magistrate Judge Valerie Figueredo on 1/17/2023) (rro)
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Filing
166
ORDER: For the reasons discussed at the discovery conference held before this Court on November 16, 2022, the motions at ECF Nos. 157-159 have been resolved. The Clerk of Court is directed to terminate the motions at ECF Nos. 157-159. SO ORDERED., Mo tions terminated: 157 LETTER MOTION for Extension of Time to Complete Document Productions. addressed to Magistrate Judge Valerie Figueredo from Jennifer Jude dated 11/11/22. filed by UNITED STATES OF AMERICA. (Signed by Magistrate Judge Valerie Figueredo on 11/22/2022) (ama)
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Filing
159
ORDER with respect to 158 Letter Motion to Compel. The letters submitted at ECF Nos. 157 and 158 will be addressed at the conference scheduled for Wednesday, November 16, 2022 at 10:00 a.m. Any other issues the parties would like to address at the conference should be raised in a letter submitted no later than end of day today, November 14, 2022. (Signed by Magistrate Judge Valerie Figueredo on 11/14/2022) (rro)
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Filing
152
ORDER: By letter dated October 20 2022, the Government requested a modification of the interim deadlines set forth in the Court's Scheduling Order (ECF No. 121). See ECF No. 148. Defendants submitted a counter proposal for extension of those in terim deadlines. See ECF No. 149. Below are the updated interim deadlines. April 21, 2023 Parties complete all fact depositions, including Rule 30(b)(6) depositions or their equivalents of government agencies. May 23, 2023 All expert depositions completed and further set forth in this Order. ( Deposition due by 5/23/2023.) (Signed by Magistrate Judge Valerie Figueredo on 10/25/2022) (rro)
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Filing
129
ORDER with respect to 126 Letter Motion to Compel. The issues raised in this letter motion will be addressed at the October 13, 2022 discovery conference. Any response to this letter motion shall be filed no later than Friday, September 30, 2022, and any other disputes the parties wish to address at the conference should be raised in a joint letter to the Court filed no later than Tuesday, October 11, 2022 (see ECF Nos. 123, 125). SO ORDERED. (Signed by Magistrate Judge Valerie Figueredo on 9/21/2022) (vfr)
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Filing
121
SCHEDULING ORDER granting 113 Motion re: 113 MOTION Entry of Scheduling Order ., 119 LETTER MOTION for Discovery requesting referral to Magistrate Judge for imposition of interim discovery deadlines addressed to Judge Colleen McMahon from Monica P. Folch dated September 7, 2022. ; terminating 119 Letter Motion for Discovery. The parties must identify 30(b)(6) witnesses by October 7. 30(b)(6) depositions must be completed by November 18. The Governmen t must identify the equivalent of 30(b)(6) witnesses representing the agencies designated by Defendants by October 7. Those depositions must be completed by December 9. ALL DISPUTES RELATING TO OUTSTANDING DISCOVERY REQUESTS, INCLUDING BUT NOT LIMIT ED TO DISAGREEMENTS OVER SEARCH TERMS, MUST BE RESOLVED BY THE PARTIES BY SEPTEMBER 14 OR SUBMITTED IN WRITING TO MAGISTRATE JUDGE FIGUEREDO BY SEPTEMBER 20. The parties are limited to 20 depositions aside from expert and 30(b)(6) depositions. They s hould begin as soon as possible and must be completed by April 30, 2023. The absolute fixed deadline for the conclusion of all discovery, fact and expert, is June 30, 2023. I will set a schedule for the inevitable summary judgment motions early next year. The clerk of the court is directed to close the open motions at Docket Numbers 113 and 119.. (Signed by Judge Colleen McMahon on 9/8/2022) (kv)
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Filing
117
ORDER: Shortly after the conference began, some person or persons who were obviously third parties - members of the press (they were discussing the stuff of headlines), members of the public, representatives of certain states who were not participat ing in the conference - began talking, loudly, and not on mute. They were discussing various statements that the court had made in the course of telling the parties that they would have a very limited time for discovery, given the amount of time that had passed since this case was filed (2015) and the Government took over prosecution of same (2019). It was not possible for the court to speak directly to counsel, or for counsel to be heard over the babbling in the background. Repeated effort s to silence the background speakers (who may or may not have been aware that we could hear every word they were saying) or to get them to mute their telephones were unsuccessful. Unable to gain control of the conference, I cut it short. The confere nce will continue later this week on a day and time acceptable to both parties that fits with my schedule. It will be an IN-PERSON hearing in my courtroom, 24A. The press and public, like counsel, are welcome to attend in person. The new time and date will be posted later today, after I hear from the Government and Defendants about availability. (Signed by Judge Colleen McMahon on 9/6/2022) (mml)
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Filing
106
ORDER DENYING DEFENDANTS' MOTION TO TRANSFER VENUE denying 97 Motion to Transfer Case. For the foregoing reasons, the Defendant's motion to transfer this case is DENIED. This constitutes the decision and order of this Court. It is a written decision. The clerk is directed to close the open motion at Docket Number 97.. (Signed by Judge Colleen McMahon on 1/7/2022) BY ECF TO ALL COUNSEL (kv)
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Filing
102
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...So Ordered. (Signed by Judge Colleen McMahon on 11/29/21) (yv)
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Filing
93
ORDER GRANTING DEFENDANTS' LETTER MOTION FOR CLARIFICATION AND EXTENSION: For good cause shown, it is hereby ORDERED that schedule shall be as follows: Defendants' Deadline to Answer the Government's Complaint: April 16, 2021. Defend ants' Deadline to Answer or Otherwise Respond to Relator Bassan's Complaint: 30 days after the expiration of the stay of Bassan's claims that was ordered by this Court in its March 19, 2021 order The Clerk is directed to send a copy of this Order to all counsel of record. Omnicare, Inc. answer due 4/16/2021. (Signed by Judge Colleen McMahon on 4/5/2021) (mml) Transmission to Docket Assistant Clerk for processing.
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Filing
89
MEMORANDUM DECISION AND ORDER DENYING DEFENDANTS' MOTIONS TO DISMISS denying 67 Motion to Dismiss; denying 69 Motion to Dismiss; denying without prejudice to renewal 71 Motion to Dismiss. For the foregoing reasons, Omnicare's and CVS's motions to dismiss the FCA claims is denied. Omnicare's motion to dismiss relator Bassan's state-law claims is also denied, without prejudice to renewal after the federal claims are resolved. The Clerk of the Court is respectfully directed to remove the motions at Dkt. Nos. 67, 69, and 71 from the Court's list of pending motions. (Signed by Judge Colleen McMahon on 3/19/2021) (mml)
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Filing
83
MEMO ENDORSEMENT on 78 Letter Response denying 75 Letter Motion to Stay. ENDORSEMENT: No stay at this time. Relators must respond to the pending motions. What happens after motions are decided is another matter. (Signed by Judge Colleen McMahon on 7/13/2020) (mml)
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Filing
65
ORDER: It is hereby this 25 day of March 2020, ORDERED that, if any party proposes that this action be dismissed, the District shall have an opportunity to be heard; and in this action it is further ORDERED that all pleadings filed be served on the Office of the Attorney General for the District of Columbia ("Office of the Attorney General"), and all orders issued by the Court be sent to the Office of the Attorney General; and it is further ORDERED that the District may order any deposition transcripts; and it is further ORDERED that the District has the right to intervene at a later date upon a showing of good cause. (Signed by Judge Colleen McMahon on 3/25/2020) (kv)
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Filing
58
ORDER FOR ADMISSION PRO HAC VICE: The motion of Catherine A. Jackson, for admission Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the U nited States Courts for the Southern District of New York. All attorneys appearing before this Court are subject to the local rules of this Court, including the rules governing discipline of attorneys. (Signed by Judge Colleen McMahon on 3/5/2020) (mml)
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Filing
14
ORDER IT IS HEREBY ORDERED that: 1. The seal shall be lifted as to this Order and any matter occurring in this action or subsequent to the date of this Order. 2. All documents submitted in this action before the date of this Order shall remain u nder seal and shall not be made public, except as provided for in Paragraph 3 below. 3. The seal shall be lifted as to the Relator's Complaint and the United States' Notice of Election to Intervene, dated October 11, 2019. (Signed by Judge Colleen McMahon on 12/13/2019) (mhe)
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