Opinion
MELINDA HAAG, United States Attorney, ALEX G. TSE, Chief, Civil Division, KIMBERLY FRIDAY, Assistant United States Attorney, San Francisco, California.
BENJAMIN C. MIZER, Principal Deputy Assistant Attorney General, Civil Division, MICHAEL D. GRANSTON, JAMIE A. YAVELBERG, LISA K. SAMUELS, Trial Attorneys, Civil Division, Washington, D.C. Attorneys for the United States of America.
ELIZABETH VOORHIES, Deputy Attorney General, Office of the Attorney General for the State, of California, and on behalf of the Plaintiff, States.
CONSENT TO DISMISSAL; [PROPOSED] ORDER
BETH LABSON FREEMAN, District Judge.
Pursuant to 31 U.S.C. § 3730(b)(1), the United States consents to the dismissal of this action without prejudice to the United States. The United States has conferred with Elizabeth Voorhies, Deputy Attorney General for the State of California. Ms. Voorhies has represented to the United States that the States named as plaintiffs in this qui tam suit also consent to dismissal of this action without prejudice.
The United States requests that the Court unseal: (1) Relator's Complaint; (2) the summons, if any; (3) the scheduling order; (4) Relator's Notice of Dismissal; and (5) this Consent to Dismissal and Proposed Order. The United States requests that all other contents of the Court's file in this matter (including, but not limited to, any applications filed by the United States for extensions of the sixty-day investigative period, any applications for partial lifting of the seal, and any orders previously entered in this matter) remain under seal and not be made public or served upon defendants.
A proposed order accompanies this notice.
CERTIFICATION
Pursuant to Local Rule 5-1(i)(3), a undersigned hereby attests that Lisa K. Samuels and Elizabeth Voorhies have concurred in the filing of this document.
[PROPOSED] ORDER TO UNSEAL
The United States and the States named as plaintiffs having consented to dismissal of this action without prejudice pursuant to the False Claims Act, 31 U.S.C. § 3730(b)(1), IT IS HEREBY ORDERED that:
1. The Complaint, the summons, the scheduling order, Relator's Notice of Dismissal, this Order, and the accompanying Consent to Dismissal are hereby unsealed.
2. Any applications and/or declarations that have been filed under seal by the United States for an extension of the sixty-day investigative period or for any other reason shall remain under seal and not be made public or served upon the defendants.
3. The seal shall be lifted as to all other matters occurring in this action after the date of this Order.
IT IS SO ORDERED.