SIMPSON v. BAYER PHARMACEUTICAL CORP.

Opinion

Not for Publication

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

UNITED STATES OF AMERICA, ex rel., LAURIE SIMPSON Plaintiff, Civil Action No. 05-cv-03895 v.

BAYER A.G., et al. Defendants ORDER

John Michael Vazquez, U.S.D.J.

This matter comes before the Court by way of the February 11, 2021 Report and Recommendation, D.E. 395, (the “R&R”) of the Special Master, United States District Judge (Ret.) Dennis M. Cavanaugh.1 The R&R addressed the Defendant’s motion to compel the United States Government, a non-party, to “participate in discovery” as well as the Government’s cross-motion to quash the subpoenas served by the Defendant on (1) the Centers for Medicare and Medicaid Services (“CMS”); (2) the Food and Drug Administration (“FDA”); (3) the Department of Justice (“DOJ”); (4) the Department of Defense (“DOD”); and (5) the Department of Veterans Affairs (“VA”). R&R at 1. The R&R granted in part and denied in part both motions. Id.; and it APPEARING that no objections to the R&R have been received and the time for filing any objections has expired; and it

1 Pursuant to this Court’s Order, D.E. 328, appointing the Special Master, the Special Master exercises “authority . . . coextensive with those of a Magistrate Judge in the District of New Jersey.” D.E. 328 at 4. APPEARING that “where no objections are made in regard to a report or parts thereof, the district court will adopt the report and accept the recommendation if it is ‘satisflied] . . . that there is no clear error on the face of the record.’” Sportscare of Am., P.C. v. Multiplan, Inc., No. 10-4414, 2011 WL 500195, at *1 (D.N.J. Feb. 10, 2011) (quoting Fed. R. Civ. P. 72 Advisory Committee’s Notes); and it APPEARING that this Court independently reviewed the record and the R&R, and found no clear error on the face of the R&R. THEREFORE, for the foregoing reasons, and for good cause shown, IT IS on this 17" day of May, 2021, ORDERED that the Court adopts the R&R in its entirety as the Opinion of this Court; and it is further ORDERED that Defendant’s subpoenas are modified as specified in the R&R.

Qe WOO. Ni A K John Michael Vazquez, UsS:D.4