Opinion
No. C04-2450-RSM.
February 13, 2009
UNDER SEAL
ORDER
The United States has notified the Court of its decision to decline to intervene in this action, simultaneously moving (without opposition from Relator) for an order lifting the seal, and providing Relator 45 days to complete service of the Complaint and this Order on the Defendants. In the event that Relator fails to complete service on the defendants withing this time frame, the government requests that the Court dismiss the case without prejudice. The Court finds the motion well taken. It is therefore ORDERED:
1. That this case is hereby UNSEALED in its entirety;
2. That the Relator shall have 45 days from the entry of this Order to complete service of the Complaint and this Order on Defendants; and
3. That in the event the Relator fails to complete service on Defendants within 45 days of the date of this Order, the Court will enter an Order dismissing this case without prejudice to the Relator and without prejudice to the United States.
In the event the Relator completes service and undertakes the active prosecution of this case, all pleadings filed in this action, and all Orders entered by the Court shall continue to be served upon the United States; and the United States may order any deposition transcripts taken by the parties in this case. The United States may also, for good cause, intervene in this action after providing notice to the Relator, and obtaining the approval of the Court.