Bennett v. Biotronik, Inc. et al
| California Eastern District Court | |
| Judge: | Kimberly J Mueller |
| Referred: | Edmund F Brennan |
| Case #: | 2:10-cv-01273 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 31:3729 False Claims Act |
| Case Filed: | May 24, 2010 |
| Terminated: | May 29, 2014 |
| Last checked: Monday Mar 16, 2015 4:55 AM PDT |
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Defendant
Casear Fonte
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Defendant
Western Medical, Inc.
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Represented By
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Defendant
Robert C. Wesley
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Defendant
William H. Resh
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Defendant
Nevada Heart and Vascular Center, LLP
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Defendant
Monty C. Morales
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Defendant
Arjun V. Gururaj
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Defendant
W. Judson Fisher
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Defendant
Leon Feldman
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Defendant
Peter Elia
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Defendant
Biotronik, Inc.
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Represented By
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Defendant
Robert N. Berkley
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Intervenor Plaintiff
State of California
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Represented By
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Intervenor Plaintiff
USA
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Plaintiff
Max Bennett
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Represented By
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GPO
May 19 2010
ORDER signed by Judge Larry R Hicks on 5/19/2010 GRANTING 4 Motion to Change Venue. [Transferred from nvd on 5/24/2010] (Donati, J) |
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GPO
Jul 02 2010
ORDER signed by Judge William B. Shubb on 7/2/10 GRANTING 10 Motion for Extension. United States and State of California has up to and including 10/9/2010 to make a decision whether to intervene in this action. This order is deemed filed nunc pro tunc as of 5/19/2010. (Donati, J) |
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GPO
Jan 13 2011
ORDER signed by Judge Frank C. Damrell, Jr. on 1/12/2011 GRANTING government's 22 Ex Parte Motion to partially lift seal. At the discretion of the United States, the government may disclose allegations raised by Relator and/or provide a copy of 1 Complaint and any Amended Complaints subsequently filed to: (1) defendant Biotronik Inc.; (2) defendant Western Medical Inc.; and (3) the arbitrator presiding over an employment dispute between Relator and Biotronik Inc.. It is FURTHER ORDERED that the US shall advise arbitrator presiding over an employment dispute between Relator and Biotronik Inc., of the sealed nature of proceeding and that its existence not be further disseminated; and the 1 Complaint and all other filings remain UNDER SEAL, except insofar as seal has been partially lifted by Court. (cc: Judge Damrell and US Attorney's Office) (Marciel, M) Modified on 1/13/2011 (Marciel, M). |
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GPO
Mar 24 2011
e in this action; and the status (pretrial scheduling) conf shall be set thereafter. The complaint and all other filings shall remain under SEAL until the US notices its elections, or until further order of this Court. (Kastilahn, A)ORDER signed by District Judge Kimberly J. Mueller on 3/23/11, re: 25 US' Request and 27 Proposed Order. The US and plaintiff shall have through and including 9/23/11, to notify the Court of their respective decisions on whether to interven |
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GPO
May 10 2011
ORDER granting 30 Motion to file Amended Complaint signed by District Judge Kimberly J. Mueller on 5/10/2011. Clerk is directed to file and docket Exhibit A to 30 Motion UNDER SEAL. All filings in this matter shall remain UNDER SEAL until further order of this court. (Waggoner, D) |
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GPO
Oct 14 2011
ORDER re: the United States' 35 ex parte application for an extension to decide whether to intervene and extension of the seal period, signed by Judge Kimberly J. Mueller on 10/13/11. The United States and plaintiff states shall have until 3/23/12 to notify the Court of their decisions on whether to intervene in this action. This case shall remain SEALED until the United States notices its elections, or 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 decisions on whether to intervene in this action. (Kastilahn, A) |
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GPO
Dec 20 2011
ORDER signed by Judge Kimberly J. Mueller on 12/19/11 GRANTING 38 Motion to Amend the Complaint. Clerk is directed to file and docket Attachment 1 to 38 Motion UNDER SEAL. All filings in this matter shall remain UNDER SEAL until further order of this court. (Meuleman, A) |
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GPO
Mar 29 2012
ORDER signed by Judge Kimberly J. Mueller on 3/28/2012 GRANTING government's 42 Motion for Extension of Time. They shall have through and including 7/24/2012 to notify Court of their respective decisions on whether to intervene in this action. The Complaint and all other filings shall remain UNDER SEAL until United States notices its election or until further Order of Court. (Marciel, M) |
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GPO
Jan 29 2013
fully. (Reader, L)ORDER signed by Judge Kimberly J. Mueller on 1/28/2013 ORDERING 49 The US and plaintiff 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 US notices its election, or until further order of this Court; and the status (pretrial scheduling) conference shall be set for a time after the US and plaintiff states notify the Court of their respective decisions on whether to intervene in this action. In the event the US and plaintiff states seek further extension of the seal period, they shall submit a more detailed justification than provided to date, which the court will scrutinize care |
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GPO
Aug 16 2013
R)ORDER signed by Judge Kimberly J. Mueller on 8/15/13 ORDERING On 7/23/13, the United States made its eighth ex parte request under the False Claims Act, 31 U.S.C. § 3730(b)(3), to extend the time by six months for the United States and plaintiff states to inform the court whether they will intervene in this qui tam lawsuit. Neither Relator nor defendant Biotronik, Inc. objects to the proposed six month extension of time. On 1/24/13, the court granted the United States' seventh ex parte request for an extension of the seal period, but advised that any further request by plaintiffs for an extension should be accompanied by "a more detailed justification than provided to date, which the court will scrutinize carefully." (ECF 50 (citing U.S. ex. rel. Costa v. Baker & Taylor, Inc., 955 F. Supp. 1188, 1190-91 (N.D. Cal. 1997).) While the current request's additional justification is scant, the court finds it is sufficient to grant the request given the new information referenced in paragraphs 6 through 8 of the Schwartz declaration. Any future request will be held more strictly to the detailed justification standard the court previously had articulated. Plaintiffs' request is granted.(Becknal, |
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GPO
Feb 27 2014
ORDER signed by Judge Kimberly J. Mueller on 2/27/14 ORDERING that before the court makes its tentative decision final, the United States will be provided an opportunity to supplement its showing. No later than seven days from the date of this order, counsel for the United States may file a supplemental declaration that includes actual dates on which critical events have occurred, to clarify adverbs such as recently (Decl. of Adam Schwartz 7, ECF 54-1) or generalized statements that the government has taken deposition testimony from two individuals (id. 8). A supplemental declaration also may detail what prejudice will result if the request to continue sealing is denied, and explain why the United States needs to give defendants a further opportunity to respond to the allegations against them so that it can decide whether to intervene. (Kastilahn, A) |
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GPO
May 29 2014
ORDER signed by Judge Kimberly J. Mueller on 5/29/14: The Complaint and Amended Complaints in this action are dismissed without prejudice. (Kaminski, H) |
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GPO
Jun 06 2014
ORDER signed by Judge Kimberly J. Mueller on 6/6/2014 ORDERING all documents and docket entries in this action shall immediately be SEALED to allowthe parties an opportunity to submit pleadings on whether that seal should be lifted; The Complaint shall remain under seal until the Court has ruled on the motions by the Defendants; Defendants shall file under seal any appropriate motion papers within seven days after the Courts approval of this Stipulation; and The United States shall file any opposition within seven days after filing of the moving papers. Any motions and oppositions shall be heard at a hearing in this matter on July 11, 2014, at 10:00 a.m. in Courtroom 3 (KJM) on the 15th Floor.(Waggoner, D) |
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GPO
Aug 20 2014
ORDER signed by Judge Kimberly J. Mueller on 8/19/14 ORDERING that Biotronik's MOTION to seal the complaint, 76, is DENIED, but the court GRANTES its Request to redact the payment figures in paragraphs 96, 86, 88, 78, 79 and 81 as well as the bullet points in paragraphs 78 and 79; The government's Request to maintain its extension requests under seal is DENIED, but the court GRANTES its request to redact paragraph 4 iii of the Supplemental Declaration, 57 filed 3/6/14; Relator is directed to work with Biotronik to file a redacted complaint within fourteen days of the date of this order; The government is directed to file its redacted Supplemental Declaration within fourteen days of the date of this order; Upon the filing of the redacted documents, this case will be UNSEALED. (Mena-Sanchez, L) |
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GPO
Nov 05 2014
caption on documents filed shall be 2:14-CV-2407 KJM EFB. (Marciel, M)RELATED CASE 90 ORDER signed by Judge Kimberly J. Mueller on 11/4/2014. Action denominated 2:14-CV-2407 TLN CKD is REASSIGNED to District Judge Kimberly J. Mueller and Magistrate Judge Edmund F. Brennan for all further proceedings. Henceforth, the |