FILED

NOT FOR PUBLICATION

FEB 27 2017

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, et al No. 15-55840

Plaintiffs, D.C. No. 2:12-cv-07152-MMM-JCG and

UNITED STATES ex rel DORIS MEMORANDUM* MODGLIN and RUSS MILKO

Plaintiffs-Appellants,

v.

DJO GLOBAL, INC.; DJO FINANCE

LLC; ORTHOFIX, INC.,

Defendants,

and

DJO GLOBAL INC., DJO LLC, DJO

FINANCE LLC, BIOMET, INC., EBI, LP

and EBI, LLC,

Defendants-Appellees.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Appeal from the United States District Court for the Central District of California Margaret M. Morrow, District Judge, Presiding

Argued and Submitted February 9, 2017 Pasadena, California

Before: THOMAS, Chief Judge, NGUYEN, Circuit Judge, and AMON,** District Judge.

Relators Doris Modglin and Russ Milko appeal the district court’s grant of

Defendant’s motions to dismiss. For reasons stated in the district court’s two well-

reasoned opinions, dated September 2, 2014, and May 8, 2015, we affirm.

AFFIRMED.

** The Honorable Carol Bagley Amon, United States District Judge for the Eastern District of New York, sitting by designation. 2