Opinion
2:19-cv-01018-RAJ
03-03-2023
UNITED STATES OF AMERICA and the states of ALASKA, IDAHO, MONTANA, NEW MEXICO, OREGON, and WASHINGTON ex rel. DR. CARL ROSEN, Plaintiffs, v. PACIFIC CATARACT AND LASER INSTITUTE, and DR. ROBERT FORD, Defendants.
FILED UNDER SEAL
ORDER
Honorable Richard A. Jones United States District Judge.
The United States and the States of Alaska, Idaho, Montana, New Mexico, Oregon, and Washington (collectively, the Governmental Entities) have filed an ex parte Application for an Extension of Time to Consider Election to Intervene, in which the Governmental Entities seek a four (4) month extension of time, from March 1, 2023, to July 1, 2023, to notify the Court whether or not they intend to intervene in this qui tam action. The False Claims Act, 31 U.S.C. §§ 3729-33, and the relevant state law analogues, expressly contemplate such an extension of time. See 31 U.S.C. § 3730(b)(3) (stating that the United States “may, for good cause shown move the Court for extensions of . . . time”); Mont. Code Ann. § 17-8-406(3); N.M. Stat. Ann. § 27-14-7(D); Wash. Rev. Code § 74.66.050(3). The Court finds that the Governmental Entities' ex parte Application establishes good cause.
Accordingly, it is hereby ORDERED that the Governmental Entities shall have until July 1, 2023, to notify the Court of their decision whether or not to intervene in this qui tam action. During this time, the Clerk shall maintain the Complaint and other filings under seal, unless otherwise ordered by the Court.