US Ex Rel. Doris Modglin Etc. v. Djo LLC

FILED NOT FOR PUBLICATION FEB 27 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, et al No. 15-55840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