Opinion
18 Civ. 0986 (PGG)
11-04-2022
UNITED STATES OF AMERICA, STATE OF CALIFORNIA, STATE OF COLORADO, STATE OF CONNECTICUT, STATE OF DELAWARE, DISTRICT OF COLUMBIA, STATE OF FLORIDA, STATE OF GEORGIA, STATE OF HAWAII, STATE OF ILLINOIS, STATE OF INDIANA, STATE OF IOWA, STATE OF LOUISIANA, STATE OF MARYLAND, STATE OF MASSACHUSETTS, STATE OF MICHIGAN, STATE OF MINNESOTA, STATE OF MONTANA, STATE OF NEVADA, STATE OF NEW HAMPSHIRE, STATE OF NEW JERSEY, STATE OF NEW MEXICO, STATE OF NEW YORK, STATE OF NORTH CAROLINA, STATE OF OKLAHOMA, STATE OF RHODE ISLAND, STATE OF TENNESSEE, STATE OF TEXAS, STATE OF VERMONT, STATE OF VIRGINIA, and STATE OF WASHINGTON ex rel. JOHN DOE CORPORATION, Plaintiffs, v. INDIVIOR PLC f/k/a RECKITT BENCKISER GROUP PLC, INDIVIOR INC. Wa RECKITT BENCKISER GROUP PLC, RECKITT BENCKISER GROUP PLC, and MONOSOL LLC, Defendants.
ORDER
HONORABLE PAUL G. GARDEPHE UNITED STATES DISTRICT JUDGE
The United States of America (the “Government”) and the co-plaintiff States, having now declined to intervene with respect to the claims raised in the Complaint filed by the relator in the above-captioned action pursuant to the False Claims Act, 31 U.S.C. § 3730(b)(4)(B), and analogous state False Claims Acts,;
IT IS ORDERED THAT:
1. The Complaint shall be unsealed thirty days after entry of this Order, and, in the event that the relator has not moved to dismiss this 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 and the States or by motion on notice to the United States and the States.
2. The Government's Notice of Election to Decline Intervention and the States' Notices 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, the Complaint, this Order, and the Government's and the States' Notices of Election to Decline Intervention.
4. Upon the unsealing of the Complaint, the seal shall be lifted as to all matters occurring in this action subsequent to the date of this Order.
5. The parties shall serve all pleadings, motions, and notices of appeal filed in this matter, including supporting memoranda, upon the Government and the States. The Government and the States may order any transcripts of depositions. The Government and the States may seek to intervene with respect to the allegations in the relator's Complaint, for good cause, at any time or seek dismissal of this action.
6. All further orders of this Court in this matter shall be sent to the Government and the States by the relator.
7. Should the relator or any defendant propose that this action or any of its allegations be dismissed, settled or otherwise discontinued, or that any defendant be dismissed from the case, the moving party (or parties) must solicit the written consent of the Government and the States (with the exception of the State of Maryland) before applying for Court approval.
8. In accordance with 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 dismissed without prejudice.
SO ORDERED: