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09-3617 - Doe v. Biotronik, Inc.


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09-3617 - Doe v. Biotronik, Inc.
March 22, 2010
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ORDER re: 8 Request filed by USA signed by Judge Frank C. Damrell, Jr., on 3/22/10, ORDERING that the US and pltf states shall have through and including 7/12/10, to notify the Court of their respective decisions on whether to intervene in this action. The complaint and all other filings shall remain under SEAL until the US notices its election, or until further order of this Court. The status (pretrial scheduling) conf shall be set for a time after the US and pltf states notify the Court of their respective decisions on whether to intervene in this action.(Kastilahn, A)
April 1, 2010
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AMENDED ORDER signed by Judge Frank C. Damrell, Jr on 4/1/10: The United States and plaintiff states shall have through and including September 23, 2010, to notify the Court of their respective decisions on whether to intervene in this action. The complaint and all other filings shall remain under seal until the United States notices its election, or until further order of this Court. The status (pretrial scheduling) conference shall be set for a time after the United States and plaintiff states notify the Court of their respective decisions on whether to intervene in this action. This Order supercedes the 11 Order issued by the Court on March 22, 2010. (Kaminski, H)
May 10, 2010
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ORDER signed by Judge Frank C. Damrell, Jr. on 5/10/2010 GRANTING 16 Ex Parte Application filed by USA; that the discretion of the US, the US may disclose the allegations raised by Relators and provide a copy of the complaint and any amended complaints subsequently filed; and that the complaint and all other filings shall remain under SEAL, except insofar as that seal has been partially lifted by this Court. (Reader, L)
September 7, 2010
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ORDER signed by Judge Frank C. Damrell, Jr on 9/7/10 ORDERING that at the discretion of the United States, the United States may disclose the allegations raised by Relator and/or provide a copy of the complaint and any amended complaints subsequently filed to: 1. dft Biotronik, Inc. 2. dft Western Medical, Inc. and 3. the arbitrator presiding over an employment dispute between Relator and Biotronik, Inc.; the United States shall advise the arbitrator of the sealed nature of these proceedings and that its existence shall not be further dessiminated; the complaint and all other filings shall remain under seal except insofar as that seal has been partially lifted by this Court. (Manzer, C)
January 6, 2011
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RELATED CASE ORDER signed by Judge Frank C. Damrell, Jr. on 1/6/2011, with 2:09cv3617 FCD EFB; REASSIGNING CASE 2:10cv1273 WBS KJM to Judge Frank C. Damrell, Jr. and Magistrate Judge Edmund F. Brennan for all further proceedings. Judge William B. Shubb, Magistrate Judge Kimberly J. Mueller, no longer assigned to case. New Case Number: 2:10cv1273 FCD EFB.(Reader, L)
March 24, 2011
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ORDER signed by District Judge Kimberly J. Mueller on 3/23/11 GRANTING 26 Motion for Extension; The United States and plaintiff states shall have through and including September 23, 2011, to notify the Court of their respective decisions on whether to intervene in this action; The complaint and all other filings shall remain under seal until the United States notices its election, or until further order of this Court; and the status (pretrial scheduling) conference shall be set for a time after the United States and plaintiff states notify the Court of their respective decisions on whether to intervene in this action. (Matson, R)
October 25, 2011
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ORDER signed by Judge Kimberly J. Mueller on 10/25/11 ORDERING that the United States and plaintiff states shall have through and including 3/23/12, to notify the Court of their respective decisions on whether to intervene in this action;The complaint and all other filings shall remain under SEAL until the United States notices its election, or until further order of this Court; and The status (pretrial scheduling) conference shall be set for a time after the United States and plaintiff states notify the Court of their respective decisions on whether to intervene in this action. (Becknal, R)
November 8, 2011
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ORDER signed by Judge Kimberly J. Mueller on 11/7/11 ORDERING that the United States' 34 Ex Parte Application for a Partial Lifting of the Seal is GRANTED. At the discretion of the United States, the United States may disclose the allegations raised by Relator and/or provide a copy of the complaint and any amended complaints subsequently filed to: (1) any state which may be named as a plaintiff in any case against the defendants regarding the use of financial or other incentives in the marketing and sale of cardiac rhythm management devices; or (2) any state which has an interest in investigating the allegations of this case or any other matter against the defendants regarding the use of financial or other incentives inthe marketing and sale of cardiac rhythm management devices. IT IS FURTHER ORDERED that the Complaint and all other filings shall remain under seal, except insofar as that seal has been partially lifted by this Court. (Benson, A.)
April 2, 2012
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STIPULATION and ORDER signed by Judge Kimberly J. Mueller on 4/2/12 ORDERING the the the USA shall have through and including 7/24/2012, to notify the Court of their respective decisions on whether to intervene in this action. The Complaint and all other filings shall remain under seal until the USA notices its election, or until further order of this court.(Mena-Sanchez, L)
January 29, 2013
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ORDER signed by Judge Kimberly J. Mueller on 1/28/13 ORDERING that the United States and Plaintiff states shall have through and including 7/24/2013, to notify the Court of their respective decisions on whether to intervene in this action; The complaint and all other filings shall remain under seal until the United States notices its election, or until further order of this Court. (Mena-Sanchez, L)
May 1, 2014
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K.)ORDER signed by Judge Kimberly J. Mueller on 4/30/2014 ORDERING that the court finds there is no good cause to grant the United States' 47 ninth request to extend sealing. The United States is ORDERED to elect to intervene no later than fourteen days from the date of this order. Whether or not the United States elects to intervene, the party prosecuting this case is directed to serve all defendants with the summons and complaint no later than twentyone days from the date of this order. On the twenty-first day from this order, the seal on this case, and all documents associated with it on the court's docket, will be lifted. This order is filed under seal only until the twenty-first day from the date of this order. (Zignago,
June 5, 2014
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ORDER ON JOINT STIPULATION OF DISMISSAL signed by Judge Kimberly J. Mueller on 6/5/2014 ORDERING that the qui tam Complaint is DISMISSED. Pursuant to and in accordance with the terms and conditions of the respective Settlement Agreements, the dismissal shall be with prejudice to Relator; with respect to the United States and Nevada, the dismissal shall be with prejudice to the extent of the Covered Conduct, as that term is defined in the Federal and Nevada Settlement Agreements respectively and otherwise without prejudice to the United States and Nevada. (Reader, L)
June 6, 2014
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JUDGMENT dated *6/5/2014* pursuant to order, signed by Judge Kimberly J. Mueller on 6/5/2014. CASE CLOSED(Reader, L)
August 19, 2014
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filed date of this order, the parties are directed to file the complaint identifying relator, redacting the payment information in paragraphs 3, 40, 42, 43 and 49 and Exhibits 1 and 5, and submitting Exhibit 4 separately for filing under seal. Upon filing of the complaint as directed above, the docket in this action will be UNSEALED.(Mena-Sanchez, L)ORDER signed by Judge Kimberly J. Mueller on 8/14/14 ORDERING that Biotronik's MOTION TO SEAL the complaint 60 is GRANTED as to Exhibit 4 but DENIED in all other respects; Relator's MOTION TO SEAL is DENIED; Within fourteen days of the
October 28, 2014
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ORDER signed by Judge Kimberly J. Mueller on 10/28/2014 VACATING the Motion Hearing on 80 Motion for Reasonable Attorneys' Fees and Unreimbursed Costs set for 11/7/2014; ORDERING counsel for Biotronik, Inc., Kershaw, Cutter & Ratinoff, LLP, and Mychal Wilson to meet, confer and file by 11/7/2014, a jointly proposed consolidated hearing schedule; ALTERNATIVELY ORDERING the parties to file individual proposed schedules by 11/7/2014, if necessary. (Michel, G)
March 5, 2015
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ORDER denying 114 Ex Parte Application, filed by Biotronik, Inc. to continue hearing on 113 MOTION to COMPEL Production of Defendant's Relevant Billing Records. However, given that no joint statement re: discovery dispute has been timely filed, the hearing is CONTINUED to 3/18/2015 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. The Joint Statement is due 3/11/15. Signed by Magistrate Judge Edmund F. Brennan on 3/5/15. (Hinkle, T)
March 20, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 3/20/2015 GRANTING-IN-PART and DENYING-IN-PART 113 Motion to Compel. Defendant shall produce billing records related to work performed in relation to the pending fee petitions. Defendant shall also produce documents reflecting the hourly billing rates H&K's attorneys charge for work performed in this district. The motion in all other regards is DENIED.(Donati, J)
April 10, 2015
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STIPULATED ORDER signed by Magistrate Judge Edmund F. Brennan on 4/10/2015 regarding confidentiality of discovery material and non-waiver of attorney-client privilege and work product protection. (Zignago, K.)
April 10, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 4/10/2015 ORDERING that the 135 ex parte application for an order of enforcement of the court's 3/20/2015 order is DENIED. Defendant shall produce documents, subject to the protective order issued in this case, as required by the court's 3/20/2015 order by no later than 4/10/2015. (Zignago, K.)
October 23, 2015
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ORDER signed by Judge Kimberly J. Mueller on 10/22/15. The court awards Wilson $305,748.00 for Attorneys' fees in the underlying qui tam action, $147,738.50 in Attorneys' fees in the fees litigation, and $3,202.00 in costs, in total $456,688.50. It is FURTHER ORDERED that 153 Reply Brief , 154 Supplemental Declaration , 156 Supplemental Declaration , and 167 Reply to Request are UNSEALED. (Mena-Sanchez, L) Modified on 12/22/2015 (Donati, J).
August 1, 2016
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RELATED CASE ORDER signed by District Judge Kimberly J. Mueller on 8/1/16: Accordingly, the case of Biotronik II, Case No. 2:16-cv-01632-MCE-GGH, is not related to the case of Biotronik I, Case No. 2:09-cv-3617- KJM-EFB, within the meaning of Local Rule 123(a), and the court does not reassign it. (Kaminski, H)