United States of America et al v. Insys Therapeutics Inc et al, No. 2:2014cv03488 - Document 69 (C.D. Cal. 2022)
Court Description: FINAL JUDGMENT by Judge Josephine L. Staton. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED as follows: (1) All claims brought by or on behalf of the United States against Insys aredismissed (a) with prejudice to the United States (b) without prejudice to the United States with respect to all other claims, and (c) with prejudice to the relator. (2) All remaining federal claims against all other defendants in this action are dismissed without prejudice to the United States and the relator. (3) This action is dismissed in its entirety. (See document for further information). (jp)
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United States of America et al v. Insys Therapeutics Inc et al Doc. 69 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 UNITED STATES OF AMERICA ex rel. JOHN DOE and ABC, LLC, Plaintiffs, No. 2:14-cv-3488-JLS-AJWx FINAL JUDGMENT v. INSYS THERAPEUTICS, INC.; ALEC BURLAKOFF; and MICHAEL L. BABICH, Defendants. 18 19 20 21 22 23 24 25 26 27 28 Dockets.Justia.com 1 On May 6, 2014, relators John Doe and ABC LLC filed this action pursuant to the 2 False Claims Act, 31 U.S.C. §§ 3729-3733, against defendants Insys Therapeutics, Inc. 3 (“Insys”), Michael Babich, and Alec Burlakoff (Doc. 1). On or about April 13, 2018, the 4 United States intervened in part and declined to intervene in part in this action (Doc. 53). 5 On June 5, 2019, the United States of America and Insys reached a settlement as 6 to the United States’ claims against Insys. On June 11, 2020, the Court filed an Order 7 dismissing all claims brought by or on behalf of the United States against Insys (a) with 8 prejudice to the United States with respect to the Covered Conduct as that term is 9 defined in the Settlement Agreement between the United States and Insys, (b) without 10 prejudice to the United States with respect to all other claims, and (c) with prejudice to 11 the relator (Doc. 63). 12 13 14 15 16 On September 28, 2021, the Court filed a minute order dismissing this action for failure to prosecute (Doc. 67). Upon stipulation of the parties, by their respective counsel, and good cause appearing, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED as follows: 1. All claims brought by or on behalf of the United States against Insys are 17 dismissed (a) with prejudice to the United States with respect to the 18 Covered Conduct as that term is defined in the Settlement Agreement 19 between the United States and Insys, (b) without prejudice to the United 20 States with respect to all other claims, and (c) with prejudice to the relator. 21 2. 22 23 All remaining federal claims against all other defendants in this action are dismissed without prejudice to the United States and the relator. 3. This action is dismissed in its entirety. 24 25 DATED: March 31, 2022 26 _________________________________________ 27 HON. JOSEPHINE L. STATON UNITED STATES DISTRICT JUDGE 28 2
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