Walters v. Education Management Corporation et al

Filing 9

ORDER signed by Judge Frank C. Damrell, Jr. on 5/20/2011 ORDERING The Complaint shall be UNSELAED and served upon the dfts; All other contents of the Court's file in this action shall remain under seal and not be made public or served upon the d ft, except for this Order and the Notice of Election to Decline Intervention, which the relator shall also serve upon the dfts; The seal shall be lifted as to all other matters occurring in this action after the date of this Order; The parties shall serve all pleadings and motions filed in this action, including supporting memoranda, upon the US, all orders of this Court shall be sent to the US; and should the relator or the dfts propose that this action be dismissed, settled, or otherwise discontinued, the relator shall provide the US with notice and an opportunity to be heard before the Court rules or grants its approval.(Reader, L)

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1 2 3 4 5 6 7 8 9 10 11 12 BENJAMIN B. WAGNER United States Attorney CATHERINE J. SWANN Assistant United States Attorney 501 I Street, 10th Floor Sacramento, California 95814 Telephone: (916) 554-2762 Fax: (916) 554-2900 JAY MAJORS Department of Justice Civil Division Commercial Litigation Branch P. O. Box 261 Benjamin Franklin Station Washington, D.C. 20044 Telephone: (202) 514-6831 Fax: (202) 514-0280 Attorneys for the United States of America 13 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 14 15 16 17 18 19 20 21 22 23 24 25 26 27 UNITED STATES OF AMERICA, and ) the STATES OF CALIFORNIA, ex ) rel. DUSTIN WALTERS, JANE ) ROE, and RICHARD ROE, ) ) Plaintiffs, ) vs. ) ) EDUCATION MANAGEMENT ) CORPORATION, THE ART ) INSTITUTES, and DOES 1-500, ) ) Inclusive, ) Defendants. ) ) 2:10-CV-2479 FCD EFB ORDER The United States having declined to intervene in this action pursuant to the False Claims Act, 31 U.S.C. § 3730(b)(2)(A), the Court rules as follows: 28 ORDER 1 1 2 1. The Complaint shall be unsealed and served upon the defendants by the relator; 3 2. All other contents of the Court's file in this action shall 4 remain under seal and not be made public or served upon the defendant, 5 except for this Order and the Notice of Election to Decline 6 Intervention, which the relator shall also serve upon the defendants; 7 8 3. The seal shall be lifted as to all other matters occurring in this action after the date of this Order; 9 4. The parties shall serve all pleadings and motions filed in 10 this action, including supporting memoranda, upon the United States, 11 as provided for in 31 U.S.C. § 3730(c)(3). 12 order any deposition transcripts and may seek to intervene in this 13 action, for good cause, at any time; 14 15 The United States may 5. All orders of this Court shall be sent to the United States; 6. Should the relator or the defendants propose that this action and 16 17 be dismissed, settled, or otherwise discontinued, the relator shall 18 provide the United States with notice and an opportunity to be heard 19 before the Court rules or grants its approval. 20 IT IS SO ORDERED. 21 22 23 DATED: May 20, 2011 24 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 25 26 27 28 ORDER 2

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