United States of America ex rel. Alan Stewart v. Gentiva Health Services, Inc.

Filing 30

ORDERED as follows: (1) The complaint (doc. no. 1 ) is unsealed and is to be served upon the defendant by the relator. (2) All other contents of the court's file in this action are to remain under seal and not be made public or served upon t he defendant, except for this order and the government's notice of election to decline intervention (doc. no. 28 ), which the relator shall serve upon the defendant only after service of the complaint. (3) The seal is lifted as to all other mat ters occurring in this action after the date of this order. (4) 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); and the United St ates may order any deposition transcripts and is entitled to intervene in this action, for good cause, at any time. (5) The parties shall serve all notices of appeal upon the United States. (6) All orders of this court shall be sent to the United Sta tes. (7) Should the relator or the defendant propose that this action be dismissed, settled, or otherwise discontinued, the court will solicit the written consent of the United States before ruling or granting its approval. Signed by Honorable Judge Myron H. Thompson on 7/10/2017. (kh, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
UNITED STATES OF AMERICA,
ex rel. Alan Stewart,

)
)
)
)
)
)
)
)
)
)
)

Plaintiffs,
v.
GENTIVA HEALTH SERVICES,
INC.,
Defendant.

CIVIL ACTION NO.
2:14cv1121-MHT
(WO)

ORDER
The United States of America having declined to
intervene in this action pursuant to the False Claims
Act,

31

U.S.C.

§

3730(b)(4)(B),

it

is

ORDERED

as

follows:
(1) The complaint (doc. no. 1) is unsealed and is
to be served upon the defendant by the relator.
(2) All other contents of the court's file in this
action are to remain under seal and not be made public
or served upon the defendant, except for this order and
the

government's

intervention

(doc.

notice
no.

of

28),

election

which

the

to

decline

relator

shall

serve

upon

the

defendant

only

after

service

of

the

complaint.
(3) The seal is lifted as to all other matters
occurring in this action after the date of this order.
(4) The
motions

parties

filed

in

shall

this

serve

action,

all

pleadings

including

and

supporting

memoranda, upon the United States, as provided for in
31 U.S.C. § 3730(c)(3); and the United States may order
any deposition transcripts and is entitled to intervene
in this action, for good cause, at any time.
(5) The parties shall serve all notices of appeal
upon the United States.
(6) All orders of this court shall be sent to the
United States.
(7) Should

the

relator

or

the

defendant

propose

that this action be dismissed, settled, or otherwise
discontinued,

the

court

will

solicit

the

written

consent of the United States before ruling or granting
its approval.
DONE, this the 10th day of July, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE