United States v. Gilead Sciences, Inc.

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 UNITED STATES OF AMERICA, et al., Case No. 11-cv-00941-EMC

8 Plaintiffs,

ORDER GRANTING UNITED

9 v. STATES’ MOTION TO DISMISS

10 GILEAD SCIENCES, INC., et al., Docket No. 183 11 Defendants.

12 13 Relators Jeff and Sherilyn Campie are former employees of Defendant Gilead Sciences, 14 Inc., a pharmaceutical drug manufacturer. They have filed a qui tam action against Gilead, 15 asserting, inter alia, a claim for violation of the federal False Claims Act (“FCA”). According to 16 the Campies, Gilead violated the FCA by submitting or causing to be submitted false claims for 17 payment under government payment programs such as Medicare and Medicaid. See 31 U.S.C. § 18 3729(a)(1)(A). 19 Previously, this Court granted Gilead’s motion to dismiss the Campies’ second amended 20 complaint (“SAC”). The Court dismissed not only the FCA claim but also related claims based on 21 state law, plus claims for retaliation under both the FCA and state law. On appeal, the Ninth 22 …