Opinion
19 Civ. 01010 (AT)
08-04-2021
UNITED STATES OF AMERICA, et al., ex rel. MICHAEL BAIN, et al., Plaintiffs, v. SMITH & NEPHEW, INC., et al., Defendants.
ORDER
ANALISA TORRES UNITED STATES DISTRICT JUDGE
The United States of America having now declined to intervene pursuant to the False Claims Act, 31 U.S.C. § 3730(b)(4)(B), with respect to the claims raised in the complaint filed by the relators;
The States of California, Colorado, Connecticut, Delaware, the District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Rhode Island, Tennessee, Texas, Vermont, Virginia, and Washington (collectively, the “States”) having also declined to intervene pursuant to their false claims acts with respect to the claims raised in the above-captioned qui tam action;
IT IS ORDERED THAT:
1. The complaint shall be unsealed thirty days after entry of this Order and, in the event that the relators have not moved to dismiss the action, service upon the defendants by the relators is authorized as of that date. If the relators voluntarily dismiss the complaint pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure within this thirty-day period, the relators may seek to modify this Order with the consent of the United States and the States or by motion on notice to the United States and the States.
2. In accordance with the terms of the Maryland False Health Claims Act, Md. Code Ann., Health Gen, § 2-604 (a)(7), the State of Maryland having declined to intervene in this matter, all claims asserted on behalf of Maryland are hereby dismissed without prejudice.
3. All documents filed in this action prior to the entry of this Order shall remain under seal and not be made public, except for, thirty days after entry of this Order, relators' complaint, this Order, and the Government's and the States' Notices of Decision to Decline Intervention (the "Notices of Decision"). The relators will serve upon the defendants this Order and the Notices of Decision only after seivice of the complaint.
4. Upon the unsealing of the complaint, the seal shall be lifted as to all other matters occurring in this action after the date of this Order.
5. The parties shall seive all pleadings, motions, and notices of appeal filed in this matter, including supporting memoranda, upon the United States and the States. The United States and the States may order any transcripts of depositions. The United States and the States may seek to intervene with respect to the allegations in the relators' complaint, for good cause, at any time or seek dismissal of this action.
6. All orders of this Court in this matter shall be sent to the United States and the States by the relators.
7. Should the relators or any defendant propose that the complaint or any of its allegations be dismissed, settled, or otherwise discontinued, or that any of the defendants be dismissed from the case, the parly or parties proposing such relief must solicit the written consent of the United States and the States (with the exception of the State of Maryland) before applying for Court approval.
SO ORDERED.