ABC v. DEF
Case Number: 1:2015cv04179
Filed: December 13, 2019
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

Available Case Documents

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Date Filed Document Text
June 10, 2024 Opinion or Order Filing 474 MEMORANDUM ORDER OVERRULING OBJECTIONS TO MAGISTRATE JUDGE'S ORDERS DATED OCTOBER 25, 2023 (Dkt. # 370) AND MAY 8, 2024 (Dkt. # 470) re: 470 Order on Motion for Discovery, Order on Motion to Compel, 370 Order on Motion to Compel,. For su bstantially the reasons set forth in the Government's response to Omnicare's objections (Dkt. #473), I overrule Omnicare's objections to the May 8 order. Not only is there no "clear error" in Judge Figueredo's ruling, th ere is no error whatsoever. Because an RAC audit was never conducted, it could not have given the Government "actual knowledge" of anything material to this case. It is, therefore, neither relevant nor material to Omnicare's case and i t will not be part of the trial of this action. This constitutes the decision and order of the court. It is a written decision. The Clerk of Court is directed to remove the objections to the orders at Dockets #370 and 470 (see Dkt. #391 and 472) from the court's list of open items. (Signed by Judge Colleen McMahon on 6/10/24) BY ECF TO ALL COUNSEL. (yv)
May 8, 2024 Opinion or Order Filing 471 ORDER terminating 400 Letter Motion to Compel; terminating 405 Letter Motion to Compel; terminating 407 Letter Motion to Compel. For the reasons discussed at the conference held on December 7, 2023, the motions at ECF Nos. 400, 405, and 407 have been resolved. The Clerk of Court is respectfully directed to terminate the Motions at ECF Nos. 400, 405, and 407. SO ORDERED.. (Signed by Magistrate Judge Valerie Figueredo on 5/8/2024) (tg)
April 22, 2024 Opinion or Order Filing 462 ORDER granting 459 Letter Motion to Seal. The request to seal requested herein is granted. The Clerk of Court is directed to maintain ECF No. 460 under seal with the current viewing restrictions. The Clerk of Court is also respectfully directed to terminate the Motion at ECF No. 459. (Signed by Magistrate Judge Valerie Figueredo on 4/22/2024) (rro)
April 16, 2024 Opinion or Order Filing 457 ORDER granting 456 Letter Motion to Seal. Application Granted. The Clerk of Court is directed to maintain the viewing restrictions on ECF Nos. 449 and 449-1 through 449-13. The Clerk of Court is respectfully directed to terminate the Motion at ECF No. 456. (Signed by Magistrate Judge Valerie Figueredo on 4/16/2024) (rro)
April 1, 2024 Opinion or Order Filing 452 ORDER granting 448 Letter Motion to Seal. The request for leave to file exhibits under a temporary seal is granted. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 448 and to maintain ECF Nos. 449 and 449-1 through 449-13 under seal. After 14 days, the Court will advise the Clerk of Court to remove the viewing restrictions. (Signed by Magistrate Judge Valerie Figueredo on 4/1/2024) (rro)
January 24, 2024 Opinion or Order Filing 447 DECISION AND ORDER OVERRULING OBJECTIONS AND ADOPTING MAGISTRATE JUDGE'S RULINGS AS THE RULINGS OF THE COURT: After careful consideration of the objections filed by Omnicare to the order of The Hon. Valerie Figueredo dated December 14, 2023 (Dkt. # 425), the court OVERRULES the objections and AFFIRMS Judge Figueredo's order in all respects. Nothing in Ornnicare's papers suggests that Judge Figueredo abused her discretion in the slightest; her ruling is neither clearly erroneous nor contrary to law. Therefore, the court will not disturb it. (Signed by Judge Colleen McMahon on 1/24/2024) (tg)
December 14, 2023 Opinion or Order Filing 425 ORDER granting 402 Letter Motion to Compel. Finally, Omnicare seeks permission to take an additional five depositions of "high-level CMS and HHS officials who participated in PDE decisionmaking." See ECF No. 402 at 6 n.7. The case law is clear that a deposition of a high-ranking government official requires a showing of exceptional circumstances justifying the deposition, such as when the official has first-hand knowledge or has information that cannot be obtained through other means. See, e.g., Lederman v. N.Y. City Dep't of Parks & Recreation, 731 F.3d 199, 203 (2d Cir. 2013). Omnica re has not made such a showing here. The Clerk of Court is directed to terminate the letter motion at ECF No. 402. (Signed by Magistrate Judge Valerie Figueredo on 12/14/2023) (rro)
December 8, 2023 Opinion or Order Filing 414 ORDER granting 408 Letter Motion to Seal; granting 409 Letter Motion to Seal. Application Granted. The Clerk of Court is respectfully directed to terminate the motions at ECF Nos. 408 and 409. (Signed by Magistrate Judge Valerie Figueredo on 12/8/2023) (rro)
December 6, 2023 Opinion or Order Filing 413 ORDER: granting 406 Letter Motion to Seal. Application Granted. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 406. (Signed by Magistrate Judge Valerie Figueredo on 12/06/2023) (ama)
December 1, 2023 Opinion or Order Filing 404 ORDER granting 401 Letter Motion to Seal. Application Granted. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 401. (Signed by Magistrate Judge Valerie Figueredo on 12/1/2023) (rro)
November 20, 2023 Opinion or Order Filing 396 ORDER granting 393 Letter Motion to Seal. Application Granted. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 393.. (Signed by Magistrate Judge Valerie Figueredo on 11/20/2023) (rro)
November 6, 2023 Opinion or Order Filing 381 ORDER denying 324 Letter Motion to Compel; denying 325 Letter Motion to Compel. For these reasons, Omnicare's motion is DENIED. The Clerk of Court is directed to terminate the letter motions at ECF Nos. 324 and 325. (Signed by Magistrate Judge Valerie Figueredo on 11/6/2023) (rro)
October 30, 2023 Opinion or Order Filing 377 ORDER granting 372 Letter Motion for Discovery. Application Granted. The government is directed to file under seal the clawed-back document and unredacted Barry Hart expert report such that only the Court and the government may view them. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 372. (Signed by Magistrate Judge Valerie Figueredo on 10/30/2023) (rro)
October 25, 2023 Opinion or Order Filing 370 ORDER terminating 366 Letter Motion to Compel. During a conference on September 11, 2023, the Court issued a ruling on Omnicare's motion to compel documents withheld by the Government pursuant to the deliberate process privilege (see ECF Nos. 239, 243). See ECF No. 336. As to documents relating to the PDE validation audits, the Court concluded that Omnicare had overcome the privilege by showing a compelling need for those documents. As to a subset of documents-specifically, do cuments falling within paragraph 16 of the declaration of Cheri Rice-the Court asked for additional documents and information before it ruled on whether the documents were privileged. Following the conference on September 11, the Government submit ted those documents and at a conference on September 21, 2023, the Court ordered the Government to produce "a subset of those [documents] that pertain to the PDE audit validation process," out of the 220 documents encompassed by paragr aph 16 of the Rice declaration. See ECF No. 348 at 84. The basis for the Court's ruling, in accordance with Omnicare's arguments, was that such documents might reveal the extent to which the Government had actual knowledge of certain pra ctices yet routinely paid claims despite such practices. In other words, the Government's practice of accepting or declining certain prescription documentation was relevant to Omnicare's materiality defense. See ECF No. 336 at 28-31; EC F No. 348 at 86. Omnicare argues that it has a compelling need for documents relating to the RAC audit, over which the Government has asserted the deliberative process privilege. See ECF No. 366. The RAC audit was a type of audit of long-term car e sponsors that the Government considered but never undertook. As to these documents, Omnicare has not shown a compelling need, as required to overcome the Government's assertion of the privilege. The PDE validation audit undertaken by the G overnment examined the same underlying prescription documentation and state law requirements that would have been examined had the RAC audit been conducted. If the Government had actual knowledge that long-term care sponsors were not adhering to st ate-law prescription documentation requirements, that information would be available to Omnicare from the documents it has obtained from the Government related to the PDE validation audit. Lastly, the Government's claw back of the inadvertently produced privileged document was proper. SO ORDERED. (Signed by Magistrate Judge Valerie Figueredo on 10/25/2023) (vfr)
October 19, 2023 Opinion or Order Filing 367 ORDER granting 364 Letter Motion to Seal. Application Granted. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 364.. (Signed by Magistrate Judge Valerie Figueredo on 10/19/2023) (rro)
October 18, 2023 Opinion or Order Filing 362 ORDER: On September 21, 2023, the Court issued an order following an in camera review of certain documents withheld as privileged by Omnicare. See ECF No. 347. On October 12, 2023, Omnicare filed ex parte objections to the Order, providing additio nal factual information to support its claim of attorney-client privilege for certain documents or portions of a document that the Court had ordered produced. See ECF No. 359. Following a review of the additional information provided by Omnicare, t he Court grants Omnicare's request in its entirety. Omnicare may produce the e-mail chain at Tabs 5 and 36 of Omnicare's fourth in camera binder with the identified information redacted; Tabs 46 and 207 may be produced with the first bullet point redacted; and the e-mail chain at Tab 201 may be withheld as privileged. SO ORDERED. (Signed by Magistrate Judge Valerie Figueredo on 10/18/2023) (rro)
October 16, 2023 Opinion or Order Filing 360 ORDER: granting 358 Letter Motion to Seal; granting 359 Letter Motion for Discovery. Application Granted. The Clerk of Court is respectfully directed to terminate the motions at ECF Nos. 358 and 359. (Signed by Magistrate Judge Valerie Figueredo on 10/16/2023) (ama)
October 6, 2023 Opinion or Order Filing 356 ORDER granting 340 Letter Motion to Compel; granting 342 Letter Motion to Compel. On September 15, 2023, the Government moved to compel Omnicare to provide responses to questions that the Government claimed Omnicare's corporate repres entatives had failed to answer during their Rule 30(b)(6) depositions. See ECF Nos. 340, 342. The Government's motion is GRANTED but only as to the following questions identified by the Government in Exhibit B (see ECF No. 340-2). In its le tter motion, the Government also sought an order compelling Omnicare to clarify contradictory testimony provided by two 30(b)(6) witnesses. See ECF No. 342 at 5. After reviewing the transcript of the deposition of Ms. Barber and Mr. Pratt, the t estimony of the two witnesses is inconsistent as to the timing of when the "Prescribed Quantity Required" flag was changed, and the inconsistency is not resolved by adopting the relevant testimony of Egan, Schatz, and Pratt, as Omnicare proposed. Omnicare is thus directed to provide a response to the following questions: and further set forth in this Order. The Clerk of Court is respectfully directed to terminate the motions at ECF Nos. 340 and 342. (Signed by Magistrate Judge Valerie Figueredo on 10/6/2023) (rro)
October 5, 2023 Opinion or Order Filing 353 ORDER granting 345 Letter Motion to Seal. Application Granted. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 345. (Signed by Magistrate Judge Valerie Figueredo on 10/5/2023) (jca)
October 3, 2023 Opinion or Order Filing 352 ORDER: The Government is directed to provide a response to Omnicare's argument that the use alleged here is sufficient to constitute affirmative use of the withheld work-product material for purposes of supporting a waiver under Federal Rule of Evidence 502(a), particularly in light of the decision in In re Commodity Exchange. The Government is directed to file a letter by no later than October 17, 2023. (Signed by Magistrate Judge Valerie Figueredo on 10/3/2023) (rro)
September 21, 2023 Opinion or Order Filing 347 ORDER: On July 24, 2023, Defendants submitted a binder of 224 documents for in camera privilege review. See ECF No. 304. The documents discussed below are identified by "Tab" number, using the same "Tab" number from the Table of Contents provided by Defendants for the in camera review.The following documents are not privileged and should be produced to the Government in their entirety: Tabs 38, 58-64, 75, 78-87, 121, 123-24, 201-206, 208-209, 221. The following documents sho uld be produced with redactions, as indicated below: and further set forth in this Order. As indicated at the conference on September 21, 2023, Defendants have until September28, 2023, to raise any objections to this ruling. The Clerk of Court is directed to terminate themotion at ECF No. 266. (Signed by Magistrate Judge Valerie Figueredo on 9/21/2023) (rro)
September 15, 2023 Opinion or Order Filing 343 ORDER granting 339 Letter Motion to Seal. Application Granted. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 339. (Signed by Magistrate Judge Valerie Figueredo on 9/15/2023) (vfr)
September 7, 2023 Opinion or Order Filing 329 ORDER SCHEDULING DISCOVERY CONFERENCES:The motions at ECF Nos. 318 and 326 will be discussed at the conference scheduled for Monday, September 11, 2023, at 10:30 a.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 . (Signed by Magistrate Judge Valerie Figueredo on 9/7/2023) (rro)
August 3, 2023 Opinion or Order Filing 314 ORDER granting 305 Letter Motion for Discovery. On July 20, 2023, Defendants submitted a letter seeking "clarification and reconsideration" of the Court's July 6, 2023 order regarding its in camera review of two sets of documents s ubmitted by Omnicare. See ECF No. 305. Upon review of this letter, and following an additional review of the submitted documents, the Court finds that the seven (7) emails included in Tab 6 of the June 26, 2023 should be unredacted, consistent with t he rulings as to those same emails that can be found in Tabs 16 through 29 of the June 20, 2023 binder. The Court will explain its reasoning on the record at the discovery conference scheduled for Monday, August 14, 2023 at 11:00 a.m. Consistent ther ewith, and for the reasons that will be explained at the upcoming conference, the emails contained in Tab 2 of the June 20 binder should also be unredacted. The Clerk of Court is directed to terminate the motion at ECF No. 305.. (Signed by Magistrate Judge Valerie Figueredo on 8/3/2023) (rro)
July 28, 2023 Opinion or Order Filing 309 ORDER terminating 308 Letter Motion for Discovery. Defendants' motion to compel documents withheld on delibertive-process grounds (ECF Nos. 268, 270) remains pending. The Clerk of Court is directed to terminate the motion at ECF No. 308. (Signed by Magistrate Judge Valerie Figueredo on 7/28/2023) (rro)
July 18, 2023 Opinion or Order Filing 304 ORDER: denying 299 Letter Motion to Compel; denying 298 Letter Motion to Compel. For the reasons stated at the conference held before the Court on July 17, 2023, the Government's request for appointment of a special master to review Defend ants' claims of privilege over certain categories of documents is denied. Instead, the Court will conduct an in camera review of certain categories of documents as outlined at the conference, which Defendants are directed to provide to the Court in hard-copy by no later than Monday, July 24, 2023. In addition, a discovery conference in this action is hereby scheduled for Monday, August 14, 2023 at 11:00 a.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. The Clerk of Court is directed to terminate the motions at 298 and 299. SO ORDERED. (Signed by Magistrate Judge Valerie Figueredo on 7/18/2023) (ama)
July 6, 2023 Opinion or Order Filing 297 ORDER: Omnicare submitted a binder, as part of the ongoing in camera privilege review, dated June 26, 2023. The following document from that binder should be produced to the Government without redactions: the spreadsheet at Tab 8 with Control ID 0 2058164.1 For the following document, certain redactions should be removed: Tab 6 (with Control ID 02444181), the redactions should be removed from the first two emails in the chain at Bates Number OCRBASSAN01463085 (emails from November 11, 2011 a t 9:22:13 p.m. and 12:39 p.m.). Omnicare also submitted a separate binder, dated June 20, 2023. The following documents from that binder should be produced to the Government without redactions: (1) Tabs 2-3, Control IDs 00228093-094; (2) Tab 10, C ontrol IDs 01987755; (3) Tabs 15-29, Control IDs02075181, 02444135-137, 02444139, 02444142-144, 02444147-148, 02444165-168, 02444170; (4)Tabs 30, 34-35, Control IDs 04597331, 04597335-336; (5) Tabs 36, 40-41, Control IDs04597337, 04597341-342; (6) Tabs 42-51, Control IDs 04597868-877; (7) Tabs 52, 54-55, Control IDs 06247699, 06247701-702; and (8) Tabs 56-58, Control IDs 06276309-311. (Signed by Magistrate Judge Valerie Figueredo on 7/6/2023) (rro)
June 13, 2023 Opinion or Order Filing 292 ORDER terminating 210 Letter Motion to Compel; terminating 268 Letter Motion for Discovery; granting 280 Letter Motion for Discovery; granting 287 Letter Motion to Compel. For the reasons stated at the June 12, 2023 conference before the Court, the Government is granted leave to file a supplemental expert report, by no later than August 21, 2023, to incorporate the results of the analyses of any sample dispensations and prescription documentation that cannot be completed by July 3 1, 2023 (the Government's expert report deadline), due to the Government having to replace 145 out of the 300 sample dispensations. As discussed at the conference, the Government will otherwise produce its expert reports by the current July 31 , 2023 deadline. Regarding the ongoing privilege review, Defendants will make an additional production of documents deemed not privileged by June 16, 2023. A supplemental binder containing documents subject to further privilege review will be provid ed to Chambers by no later than June 20, 2023. In addition, the Court grants the Government's motion to reopen the deposition of Dawn Kramer to permit questioning relating solely to the at-issue email (Bates No. OCRBASSAN-01457251). See ECF No . 287. The continued deposition of Ms. Kramer is limited to 15 minutes and will be conducted via videoconference. Finally, a discovery conference is hereby scheduled for Monday, July 17, 2023 at 2:30 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. The Clerk of Court is directed to terminate the motions at ECF No. 280 and 287. SO ORDERED. (Signed by Magistrate Judge Valerie Figueredo on 6/13/2023) (tg)
June 5, 2023 Opinion or Order Filing 286 ORDER granting 284 Letter Motion for Discovery. Application Granted. Omnicare's request to serve subpoenas on Ms. Lusco-Reed and Ms. Mawuenyega is granted. SO ORDERED. (Signed by Magistrate Judge Valerie Figueredo on 6/5/2023) (jca)
June 1, 2023 Opinion or Order Filing 283 ORDER: On May 25, 2023, the Court issued an order concerning the outstanding privilege review of 128 Ominicare documents. See ECF No. 279. The following additional documents should be produced by Omnicare to the Government, as they are not privil eged: Tabs 78-80, 106-107, 121-126. There are still a few documents that Omnicare is investigating. The Court will issue a privilege determination as to those documents after Omnicare's update on June 2, 2023 (Signed by Magistrate Judge Valerie Figueredo on 6/1/2023) (rro)
May 25, 2023 Opinion or Order Filing 279 ORDER granting 266 Letter Motion to Compel. As stated at the discovery conference before the Court on May 25, 2023, the Court is in the midst of conducting the privilege review and has reviewed up to Tab 74 (out of 125). Some documents are curre ntly being investigated by Defendants based on the Court's questions. Defendants are directed to provide an update to the Court as to the documents they are investigating by no later than Friday, June 2, 2023.Moreover, the Court has determined that the following documents are not privileged and should be produced to the Government: Tabs 9-10, 11 (the first email should be redacted, and the rest of the chain should be produced), 18, 27, 39-43, 47, and 53-58. The Court will issue an order with respect to the remaining tabs as soon as the review is complete. In addition, for the reasons stated at the conference, Defendants are directed to produce to the Government all inadvertently withheld documents by no later than Wednesday, May 31, 2023, but should endeavor to produce these documents sooner if possible. Defendants are also directed to produce to the Government the index prepared for the Court in connection with the privilege review. Finally, with respect to the Government& #039;s May 15, 2023 letter motion to compel (ECF No. 266), the Government's request to reopen the 30(b)(6) deposition of Omnicare's Fort Worth representative is granted. The deposition must be taken virtually and within a 45 minute time frame. The Clerk of Court is directed to terminate the motion at ECF No. 266.. (Signed by Magistrate Judge Valerie Figueredo on 5/25/2023) (rro)
May 24, 2023 Opinion or Order Filing 276 ORDER SCHEDULING CONFERENCE: A discovery conference in this action is hereby scheduled for Thursday, May 25, 2023 at 10:00 a.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. SO ORDERED. ( Telephone Conference set for 5/25/2023 at 10:00 AM before Magistrate Judge Valerie Figueredo.) (Signed by Magistrate Judge Valerie Figueredo on 5/24/2023) (vfr)
May 19, 2023 Opinion or Order Filing 271 ORDER granting 270 Letter Motion to Seal. OK.. (Signed by Judge Colleen McMahon on 5/18/2023) (kv)
May 2, 2023 Opinion or Order Filing 254 ORDER terminating 239 Letter Motion to Compel. Omnicare filed a letter motion, asking the Court to compel the Government to produce documents improperly withheld on the basis of the deliberative process privilege. See ECF No. 239. The Governme nt opposes the motion. See ECF No. 243. Omnicare is directed to respond to the following questions: 1. To the extent Omnicare seeks to pierce the deliberative process privilege because it claims that the documents referenced in Rice's Decla ration at paragraphs 15(c), 15(d), 16(e), and 16(f) (see ECF No. 239-5) could contain information about the Government's knowledge and approval of how Omnicare and other pharmacies process medication orders and refills at LTC facilities, why is Omnicare not able to obtain this information from the audit files it has gotten from the Government through discovery? 2. Omnicare relies on United States ex rel. Poehling v. UnitedHealth Group, 2018 WL 8459926 (C.D. Cal. Dec. 14, 2018), to s upport its argument that the Court should pierce the privilege. But in that case, the defendant pointed to specific internal information it sought from the Government, explained how that information directly supported its defense of the claims, an d provided evidence explaining why it expected the Government to possess at least some information that would be favorable to its defense. See id. at *11. In its letter motion, Omnicare does not delve into such specifics, choosing to instead broa dly assert that the Government may be withholding relevant information concerning its knowledge of the allegedly false conduct at the heart of the case. Can Ominicare more specifically explain how the deliberative matters identified by Rice in parag raphs 15(c), 15(d), 16(e), and 16(f) of her declaration relate to the "key issues in the case." During the conference on April 25, 2023, the parties discussed the Court conducting an in camera review of a representative sample of documen ts withheld by Omnicare as attorney-client privileged. If the parties believe that such a review would be helpful to resolving the present dispute concerning the deliberative-process privilege, the Court is amenable to conducting a review of a repres entative sample of documents that represent the documents identified by Rice at paragraphs 15(c), 15(d), 16(e), and 16(f) of her declaration. The Clerk of Court is respectfully directed to terminate the letter motion at ECF No. 239.. (Signed by Magistrate Judge Valerie Figueredo on 5/2/2023) (rro)
April 12, 2023 Opinion or Order Filing 241 ORDER: On April 11, 2023, the Government and Defendants each filed a letter motion to compel regarding certain privilege disputes between the parties (see ECF Nos. 239, 240). The Government and Defendants are directed to respond to the other part y's motion by no later than Wednesday, April 19, 2023. The Court will address these letter motions at the discovery conference scheduled for Tuesday, April 25, 2023 at 10:00 a.m. SO ORDERED. ( Responses due by 4/19/2023) (Signed by Magistrate Judge Valerie Figueredo on 4/12/2023) (rro)
April 6, 2023 Opinion or Order Filing 235 ORDER Based on the parties April 4, 2023 letter submissions, the Court hereby orders that: (1) the Government's deadline to complete 30(b)(6) depositions of Defendants is further extended from April 30, 2023 to May 5, 2023; and (2) the Gover nment's deadline for all of its experts reports (geriatrician, long-term care, pharmacy, and statistical) is modified to May 12, 2023. All other operative deadlines remain unchanged. Defendants are ordered to make all 30(b)(6) witnesses available to the Government for deposition by May 5, 2023. SO ORDERED. (Deposition due by 5/5/2023.) (Signed by Magistrate Judge Valerie Figueredo on 4/6/2023) (jca)
April 3, 2023 Opinion or Order Filing 227 ORDER granting 225 Letter Motion for Extension of Time; granting 225 Letter Motion to Compel. The Government's request for an extension of the interim deadline for the Government to complete 30(b)(6) depositions of Defendants to April 30, 2023 is GRANTED. (Deposition due by 4/30/2023.). (Signed by Magistrate Judge Valerie Figueredo on 4/3/2023) (rro)
March 31, 2023 Opinion or Order Filing 224 ORDER: By no later than Friday, April 14, 2023, Defendants are ordered to provide the Government with a custodian-level hit report for each of the 8 pharmacy-level custodians for whom the Government has not received a report. (Signed by Magistrate Judge Valerie Figueredo on 3/31/2023) (rro)
March 1, 2023 Opinion or Order 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)
February 17, 2023 Opinion or Order 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)
February 3, 2023 Opinion or Order 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)
January 17, 2023 Opinion or Order 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)
November 22, 2022 Opinion or Order 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)
November 14, 2022 Opinion or Order 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)
October 25, 2022 Opinion or Order 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)
September 21, 2022 Opinion or Order 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)
September 8, 2022 Opinion or Order 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)
September 6, 2022 Opinion or Order 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)
January 7, 2022 Opinion or Order 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)
November 29, 2021 Opinion or Order 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)
April 5, 2021 Opinion or Order 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.
March 19, 2021 Opinion or Order 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)
July 15, 2020 Opinion or Order 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)
March 25, 2020 Opinion or Order 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)
March 5, 2020 Opinion or Order 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)
December 13, 2019 Opinion or Order 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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