Opinion
16 Civ. 4935 (LAK)
10-03-2022
UNITED STATES OF AMERICA ex rel. ALAN BRAND, Plaintiff, v. MIROMEDICAL, P.C., el al., Defendants.
ORDER
HONORABLE LEWIS A. KAPLAN UNITED STATES DISTRICT JUDGE
The United States of America (the “United States”) having 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 above-captioned qui lam action;
IT IS ORDERED THAT:
1. The complaint shall be unsealed thirty days after entry of this Order and, in the event that the relator lias not moved to dismiss the action, service upon the defendants by the relator is authorized as of that date. If the relator voluntarily dismisses the complaint pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure within this thirty-day period, the relator may seek to modify this Order with the consent of the United States or by motion on notice to the United States.
2. The Notice of Election to Decline Intervention shall be served by the relator upon defendants only after service of the complaint.
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, relator's qui tam complaint, this Order, and the Notice of Election to Decline Intervention.
4. Upon the unsealing of the complaint, die seal shall be lifted as to ail other matters occurring in this action subsequent to the entry of this Order.
5. The parties shall serve all pleadings, motions, and notices of appeal filed in this action, including supporting memoranda and materials, upon the United States. The United States may order any deposition transcripts. The United States may seek to intervene in this action, for good cause, at any time or to seek dismissal of this action.
6. All orders of this Court shall be sent to the United States by the relator.
7. Should the relator or any defendant propose that this action be dismissed, settled, or otherwise discontinued, the party or parties proposing such relief will solicit the written consent of the United States before applying for Court approval.
SO ORDERED: