Opinion
2:19-CV-559 JAM KJN
12-01-2021
PHILLIP A. TALBERT United States Attorney CATHERINE J. SWANN Assistant United States Attorney Attorneys for the United States of America
PHILLIP A. TALBERT United States Attorney CATHERINE J. SWANN Assistant United States Attorney Attorneys for the United States of America
ORDER ON THE UNITED STATES' NOTICE OF ELECTION TO DECLINE INTERVENTION AS TO AMENDED COMPLAINT
THE HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE
The United States having declined to intervene as to the allegations stated in relator's Amended Complaint in this action pursuant to the False Claims Act, 31 U.S.C. § 3730(b)(4)(B), the Court rules as follows:
1. The Amended Complaint be unsealed and served upon the defendant by the relator;
2. All other contents of the Court's file in this action remain under seal and not be made public or served upon the defendant, except for filings already unsealed by order of the Court;
3. The parties shall serve all pleadings and motions filed in this action, including supporting memoranda, upon the United States, as provided for in 31 U.S.C. § 3730(c)(3). The United States 1 may order any deposition transcripts and is entitled to intervene in this action, for good cause, at any time;
4. The parties shall serve all notices of appeal upon the United States;
5. All orders of this Court shall be sent to the United States; and that
6. Should the relator or the defendant propose that this action be dismissed, settled, or otherwise discontinued, the Court will provide the United States with notice and an opportunity to be heard before ruling or granting its approval.
IT IS SO ORDERED. 2