Smith et al v. Van Dyck et al

Filing 55

ORDER signed by District Judge Garland E. Burrell, Jr. on 02/22/16 ORDERING that the complaint, first amended complaint, seal extension orders, and orders partially lifting the seal be unsealed and served, along with this Order and the Joint Notice o f Election to Decline Intervention, upon the defendants by the relators; all other contents of the Court's file in this action remain under seal and not be made public or served upon the defendant; the parties shall serve all pleadings and motio ns filed in this action, including supporting memoranda, upon the United States, as provided for in 31 U.S.C. § 3730(c)(3). The United States may order any deposition transcripts and is entitled to intervene in this action, for good cause, at any time; the parties shall serve all notices of appeal upon the United States; all orders of this Court shall be sent to the United States; and that should the relator or the defendant propose that this action be dismissed, settled, or otherwise discontinued, the Court will provide the United States with notice and an opportunity to be heard before ruling or granting its approval. (Benson, A)

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1 BENJAMIN B. WAGNER United States Attorney 2 JOHN R. EDWARDS Assistant United States Attorney 3 2500 Tulare Street, Suite 4401 Fresno, CA 93721 4 Telephone: (559) 497-4000 Facsimile: (559) 497-4099 5 6 Attorneys for the United States 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 UNITED STATES OF AMERICA, AND THE STATE OF CALIFORNIA, ex rel., NANCY A. SMITH and WENDY JOHNSON, CASE NO. 2:12-CV-1783 GEB-KJN [PROPOSED] ORDER Plaintiffs, 13 v. 14 15 NEIL ALAN VAN DYCK, DPM, et al., 16 Defendants. 17 The United States and the State of California having declined to intervene in this action pursuant 18 19 respectively to the False Claims Act, 31 U.S.C. § 3730(b)(4)(B), and the California False Claims Act, 20 CAL. GOV’T CODE § 12652(c)(6)(B), the Court rules as follows: 21 IT IS ORDERED that, 22 1. the complaint, first amended complaint, seal extension orders, and orders partially lifting the 23 seal be unsealed and served, along with this Order and the Joint Notice of Election to Decline 24 Intervention, upon the defendants by the relators; 2. all other contents of the Court’s file in this action remain under seal and not be made public or 25 26 served upon the defendant; 27 /// 28 /// 30 [PROPOSED] ORDER 1 1 3. the parties shall serve all pleadings and motions filed in this action, including supporting 2 memoranda, upon the United States, as provided for in 31 U.S.C. § 3730(c)(3). The United States may 3 order any deposition transcripts and is entitled to intervene in this action, for good cause, at any time; 4 4. the parties shall serve all notices of appeal upon the United States; 5 5. all orders of this Court shall be sent to the United States; and that 6 6. should the relator or the defendant propose that this action be dismissed, settled, or otherwise 7 discontinued, the Court will provide the United States with notice and an opportunity to be heard before 8 ruling or granting its approval. 9 IT IS SO ORDERED. 10 Dated: February 22, 2016 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30 [PROPOSED] ORDER 2

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