JOINT MOTION, STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR RULE 26(f) CONFERENCE, INITIAL DISCLOSURES, AND JOINT STATUS REPORT

NOTE ON MOTION CALENDAR: February 14, 2019

JOINT MOTION AND STIPULATION

ROBERT S. LASNIK, District Judge.

Relators SCEF LLC, Lynne Levin-Guzman and Stanley Jean, and Defendants Virtual Marketing Strategies, Inc. ("VMS"), AstraZeneca Pharmaceuticals LP, InVentiv Health Inc., Publicis Healthcare Solutions Inc. and Triplefin LLC respectfully submit this joint motion and stipulation pursuant to Local Court Rules 7(d)(1), 10(g), and 16, to extend time for the FRCP 26(f) Conference, Initial Disclosures, and Joint Status Report to 30 days after the filing of Defendants' Answers to the Complaint or, should any Defendants file motions to dismiss, 30 days after the issuance of an order on such motions, based on the following facts:

1. On September 1, 2017, Plaintiffs filed their Complaint under the Federal False Claims Act and state false claims act and qui tam laws, naming as defendants AstraZeneca PLC, AstraZeneca Pharmaceuticals LP, VMS, InVentiv Health Inc., Publicis Healthcare Solutions Inc. and Triplefin LLC. (Doc. #1).

2. Defendants InVentiv Health Inc., AstraZeneca Pharmaceuticals LP, Publicis Healthcare Solutions Inc. and Triplefin LLC each waived service of summons. (Doc. #13, 17, 18 & 24). Defendant VMS was served with the Summons and Complaint on December 21, 2018. (Doc. #26).

3. On December 20, 2018, Relators were granted additional time, until April 5, 2019, to serve AstraZeneca PLC, an international defendant. (Doc. #23).

4. On December 17, 2018, the United States of America filed a Motion to Dismiss (Doc. #15), which has been re-noted to February 22, 2019. (Doc. #36).

5. Counsel for the Relators, and for defendants VMS, InVentiv Health Inc., AstraZeneca Pharmaceuticals, LP, Triplefin LLC and Publicis Healthcare Solutions then conferred regarding the deadline for responsive pleadings to the Complaint and on January 11, 2019, Defendant VMS filed an Agreed Motion requesting to extend the deadline for all defendants to respond to the Complaint. (Doc. #32). The Court granted the Agreed Motion extending the deadline for all defendants to respond to the Complaint until forty-five (45) days after the Court's ruling on the Government's Motion to Dismiss. (Doc. #33).

6. On February 6, 2019, this Court issued its Order Regarding Initial Disclosures, Joint Status Report, and Early Settlement. The Order set the following deadlines: Fed. R. Civ. P. 26(f) Conference: February 20, 2019; Initial Disclosures: February 27, 2019; and Joint Status Report: March 6, 2019. (Doc. #35).

7. Given the pending motion to dismiss, and the fact that defendants have not yet filed any responsive pleadings to the Complaint, the parties believe that good cause exists to postpone the upcoming deadlines for the FRCP 26(f) Conference, Initial Disclosures, and the Joint Status Report until thirty (30) days after the filing of Defendants' Answers to the Complaint or, should any Defendants file motions to dismiss, 30 days after the issuance of an order on such motions.

8. The parties hereby stipulate and agree that the deadlines for the FRCP 26(f) Conference, Initial Disclosures, and the Joint Status Report will be postponed until 30 days after the filing of Defendants' Answers to the Complaint or, should any Defendants file motions to dismiss, 30 days after the issuance of an order on such motions.

9. The following deadlines for Initial Disclosures and submission of the Joint Status Report and Discovery Plan shall apply:

ORDER

IT IS SO ORDERED.