Opinion
CASE NO. C 05-3004 CRB
10-07-2011
UNITED STATES ex rel STROM, Plaintiffs, v. SCIOS INC. and JOHNSON & JOHNSON, Defendants.
QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP By John M. Potter Attorneys for Defendants Johnson & Johnson Inc. and Scios Inc. By SARA WINSLOW JULIE A. ARBUCKLE Assistant United States Attorneys By JOYCE R. BRENDA PATRICIA R. DAVIS RENEE S. ORLEANS Civil Division, U.S. Department of Justice Attorneys for the United States NOLAN &AUERBACH, P.A. LAW OFFICES OF MATTHEW PAVONE, Esq. By MATTHEW PAVONE Attorneys for Qui Tam Plaintiff Joe Strom
QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP
John M. Potter (Bar No. 165843)
Diane M. Doolittle (Bar No. 142046)
Elizabeth A. Morgan (Bar No. 270824)
Christopher Tayback (Bar No. 145532)
Ashley E. Martabano (Bar No. 236357)
Attorneys for Defendants
JOHNSON & JOHNSON AND SCIOS, INC.
STIPULATION AND [PROPOSED] ORDER EXTENDING TIME IN WHICH THE PARTIES MUST MOVE TO
COMPEL FACT-RELATED DISCOVERY AND FOR EXPERT DISCOVERY
Trial Date: None Set
WHEREAS, the United States filed its Complaint in this matter on June 11, 2009; and
WHEREAS, the fact-discovery cutoff in this case was September 30, 2011; and
WHEREAS, pursuant to Local Rule 37-3, the deadline by which the parties must move to compel on any fact-discovery related issues is currently October 7, 2011; and
WHEREAS, the court requires the party to submit joint discovery letters no longer than five pages in place of traditional discovery motions; and
WHEREAS, the United States sought an extension of time in which to respond to Defendants' Fourth Set of Interrogatories; and
WHEREAS, the Defendants agreed to such extension on the condition that the parties stipulate and agree to extend Defendants' deadline to seek relief regarding the United States' Responses to Defendants' Fourth Set of Interrogatories until October 28, 2011; and
WHEREAS, the United States has agreed to supplement its Responses to Defendants' Fourth Set of Interrogatories, Nos. 10-13, by Friday, October 7, 2011; and
WHEREAS, the United States has agreed to provide further information relating to its assertion of the deliberative process privilege; and
WHEREAS, the parties, through their undersigned counsel, have agreed that Defendants shall have until seven calendar days after the United States provides such additional information to notify the United States that they intend to ask the Court to overturn the privilege; upon notification, Defendants will then have seven calendar days to provide their portion of the joint discovery letter relating to the deliberative process privilege; the United States will then have seven calendar days to provide its responsive portion; and the parties will have an additional seven calendar days to make any final revisions; and
WHEREAS, the parties, through their undersigned counsel, met and conferred about all outstanding discovery issues on October 3, 2011, including the parties' September 30, 2011 responses to various discovery requests, and have further agreed to the following briefing schedule for any discovery letters to be filed with the court on any issues about which the parties met and conferred on October 3, 2011:
Moving Party to provide its portion to Opposing Party by October 12, 2011;
Opposing Party to provide its responsive portion to Moving Party by October 21, 2011;
Moving Party to make any final revisions and provide to Opposing Party for finalization by October 25, 2011;
Moving Party shall file with the Court by October 28, 2011.
WHEREAS, the parties, recognizing the impact of this schedule on the pending expert discovery deadlines, through their undersigned counsel, have agreed and stipulated to change the expert disclosure deadlines to the following:
Designation of Experts November 30, 2011
Designation of Rebuttal Experts January 6, 2012
Expert discovery cut-off February 3, 2012
IT IS HEREBY ORDERED THAT:
Defendants shall have until October 28, 2011 to seek relief relating to the United States' Responses to Defendants' Fourth Set of Interrogatories, Nos. 10-13; and
IT IS FURTHER ORDERED THAT:
With respect to the United States' assertions of deliberative process privilege, Defendants shall have until seven calendar days after the United States provides States provides additional information to notify the United States that they intend to ask the Court to overturn the privilege; upon notification, Defendants will then have seven calendar days to provide their portion of the joint discovery letter relating to the deliberative process privilege; the United States will then have seven calendar days to provide its responsive portion; and the parties will have an additional seven calendar days to make any final revisions; and
IT IS FURTHER ORDERED THAT:
The Parties shall file any outstanding motions to compel fact-related discovery on issues about which the parties met and conferred on October 3, 2011, according to the schedule set forth above.
IT IS FURTHER ORDERED THAT:
The expert disclosure deadlines in the case shall be the following:
Designation of Experts November 30, 2011
Designation of Rebuttal Experts January 6, 2012
Expert discovery cut-off February 3, 2012
IT IS SO ORDERED.
Hon. Jacqueline Scott Corley
United States Magistrate Judge
QUINN EMANUEL URQUHART OLIVER &
HEDGES, LLP
By John M. Potter
Attorneys for Defendants Johnson & Johnson Inc.
and Scios Inc.
By SARA WINSLOW
JULIE A. ARBUCKLE
Assistant United States Attorneys
By JOYCE R. BRENDA
PATRICIA R. DAVIS
RENEE S. ORLEANS
Civil Division, U.S. Department of Justice
Attorneys for the United States
NOLAN &AUERBACH, P.A.
LAW OFFICES OF MATTHEW PAVONE, Esq.
By MATTHEW PAVONE
Attorneys for Qui Tam Plaintiff Joe Strom