Cook v. Arcadian Health Plans Inc et al

Filing 14

ORDER directing that the 1 Complaint filed by Kyle Cook be unsealed in order that it may be served upon the defts by the relators. All other contents of the Court's file in this action shall remain under seal with the exceptions of this Notice and the Notice of Election to Decline Intervention. All matters occurring in this case after the date of this Order shall be unsealed. Signed by Judge Susan Webber Wright on 6/24/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
UNITED STATES OF AMERICA ex rel.
KYLE COOK,
Plaintiff,

vs.

ARCADIAN HEALTH PLANS, INC.;
ARKANSAS COMMUNITY CARE, INC.;
ARCADIAN MANAGEMENT SERVICES,
INC.; ARCADIAN HEALTH PLAN OF
GEORGIA, INC.; ARCADIAN HEALTH
PLAN OF LOUISIANA, INC.;
ARCADIAN HEALTH PLAN OF NEW
YORK, INC.; and, ARCADIAN HEALTH
PLAN OF NORTH CAROLINA, INC.
Defendants.

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No. 4:10CV1187 SWW

ORDER
The United States having declined to intervene in this action, pursuant to the False
Claims Act, 31 U.S.C. § 3730(b)(4)(B),
IT IS HEREBY ORDERED that:
1.

The Complaint be unsealed in order that it may be served upon the defendants, by

the relators;
2.

All other contents of the Court’s file in this action shall remain under seal and not

be made public or served upon the defendants, with the exceptions of this Order and the Notice
of Election to Decline Intervention that has been filed in this action by the United States;
3.

Relators shall serve this Order and the Notice of Election to Decline Intervention

that has been filed by the United States upon the defendants, only after service of the relator’s
Complaint upon the defendants;
4.

The seal shall be lifted as to all other matters occurring in this action after the date

of this Order;
5.

Henceforth relators and defendants shall serve all pleadings, motions, or other

documents filed in this action, including supporting memoranda, upon the United States, as
provided for in 31 U.S.C. § 3730(c)(3), by ECF notification or by mailing true copies thereof, by
first class mail, to:
Shannon S. Smith
Assistant United States Attorney
United States Attorney’s Office
P.O. Box 1229
Little Rock, AR 72203
Jeffrey S. Gleason
United States Department of Justice
Civil Division, Fraud Section
Room 9131
601 D Street, NW
Washington, DC 20004
6.

The United States may order any deposition transcripts;

7.

The United States is entitled to intervene in this action, for good cause, at any

8.

The parties shall serve all notices of appeal on the United States;

9.

All orders of this Court shall be sent to the United States; and

10.

Should a relator or a defendant propose that this action be dismissed, settled, or

time;

otherwise discontinued, the Court will solicit the written consent of the United States before
ruling or granting its approval regarding any such proposal.
2

IT IS SO ORDERED this 24th day of June 2011.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

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