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U.S. EX REL. DOE v. BIOTRONIK, INC., 2:09-cv-03617-KJM-EFB. (2014)

Court: District Court, E.D. California Number: infdco20141106924 Visitors: 7
Filed: Oct. 28, 2014
Latest Update: Oct. 28, 2014
Summary: ORDER KIMBERLY J. MUELLER, District Judge. On June 5, 2014, upon consideration of the stipulation to dismiss filed by the United States, Nevada and Relator, the court issued an order dismissing the qui tam complaint. ECF No. 69. On September 26, 2014, Kershaw, Cutter & Ratinoff, LLP (KCR) filed a motion for reasonable attorneys' fees and unreimbursed costs, noticing a hearing for November 7, 2014. ECF No. 80. On October 21, Biotronik filed an ex parte application for an extension of time and t
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ORDER

KIMBERLY J. MUELLER, District Judge.

On June 5, 2014, upon consideration of the stipulation to dismiss filed by the United States, Nevada and Relator, the court issued an order dismissing the qui tam complaint. ECF No. 69. On September 26, 2014, Kershaw, Cutter & Ratinoff, LLP (KCR) filed a motion for reasonable attorneys' fees and unreimbursed costs, noticing a hearing for November 7, 2014. ECF No. 80. On October 21, Biotronik filed an ex parte application for an extension of time and to continue the hearing. ECF No. 81. Biotronik opposed this motion on October 22, 2014. ECF No. 82.

In its ex parte application, Biotronik reported its understanding that an additional party, Mychal Wilson, will file a motion for reasonable attorneys' fees, Ex Parte App. 2, ECF No. 81, and proposed a briefing and hearing schedule based on a January 30, 2015 hearing date, id. at 4. Other than as reported by Biotronik, Mychal Wilson has not filed a motion or otherwise confirmed his intent to do so. In its opposition, KCR contends the requested extension would only multiply proceedings, cause delay, and prejudice all parties but Biotronik. KCR Opp'n passim, ECF No. 82. KCR also reported an understanding of Mr. Wilson's positions that contradicted that described by Biotronik. Id. at 2 n.2.

The court agrees a consolidated fee hearing schedule will likely prove efficient, but declines to adopt the proposed schedule in light of KCR's opposition and apparent lack of agreement about Mr. Wilson's position. The court therefore orders as follows:

1. The November 7, 2014 hearing on KCR's motion for reasonable fees is VACATED.

2. Counsel for Biotronik, KCR, and Mr. Wilson are ordered to meet and confer and file a jointly proposed consolidated hearing schedule no later than November 7, 2014. In the alternative, if the parties cannot reach agreement, they shall file individual proposed schedules by the same date.

IT IS SO ORDERED.

Source:  Leagle

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