Dwyer didn't immediately respond to a request for comment Friday. A message left for Holmes' attorney in a separate criminal case in San Jose, California, wasn't immediately returned. Holmes has pleaded not guilty to the criminal charges of conspiracy and fraud in a case that is scheduled to go to trial next summer.
A trial date hasn't been set for the civil lawsuit filed against Holmes, Theranos and Walgreens, which offered Theranos' blood-testing technology in Arizona and California. The lawsuit was filed on behalf of consumers who paid for Theranos' blood testing service.
Holmes, a former Stanford University student, started Theranos in Palo Alto on the promise it had developed a way to perform complex blood analysis with a finger prick. Federal authorities asserted that Theranos' technology didn't work as advertised, duping both the company's investors and customers.