DeGregorio et al v. Accelerated Medical Diagnostics, LLC et al

Filing 12

ORDER signed by Judge Kimberly J. Mueller on 7/31/13 ORDERING that, The complaint be unsealed and served upon the defendants by the relator; All other contents of the Court's file in this action remain under seal and not be made public or serve d upon defendants, except for this Order and the Government's Notice of Election to Decline Intervention, which the relator will serve upon the defendant only after service of the complaint; The seal 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 United States, as provided for in 31 U.S.C. § 3730(c)(3). The United States may orde r 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 any 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. (Becknal, R)

1 BENJAMIN B. WAGNER
United States Attorney
2 CATHERINE J. SWANN
Assistant United States Attorney
3 501 I Street, 10th Floor
Sacramento, California 95814
4 Telephone: [phone]
Fax: [phone]
5
6 Attorneys for the United States of America
7
8

IN THE UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12

UNITED STATES OF AMERICA AND
STATE OF CALIFORNIA, ex rel. MICHAEL
DEGREGORIO AND GREGORY WURZ,

13

Case No. 2:12-cv-2931 KJM GGH
ORDER RE GOVERNMENT’S ELECTION
TO DECLINE INTERVENTION

Plaintiffs,

14

vs.

15

ACCELERATED MEDICAL DIAGNOSTICS,
LLC, RALPH DEVERE WHITE, KENNETH
TURTELTAUB, PAUL T. HENDERSON,
LAWRENCE LIVERMORE NATIONAL
SECURITY, LLC,

16
17
18

Defendants.

19
20

The United States having declined to intervene in this action pursuant to the False Claims

21 Act, 31 U.S.C. § 3730(b)(4)(B), the Court rules as follows:
22

IT IS ORDERED that,

23

1. The complaint be unsealed and served upon the defendants by the relator;

24

2. All other contents of the Court's file in this action remain under seal and not be made

25 public or served upon defendants, except for this Order and the Government's Notice of Election to
26 Decline Intervention, which the relator will serve upon the defendant only after service of the
27 complaint;
28 ///
Order Re Government's
Election to Decline Intervention

1

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

1
2 Order;

4. The parties shall serve all pleadings and motions filed in this action, including supporting

3

4 memoranda, upon the United States, as provided for in 31 U.S.C. § 3730(c)(3). The United States
5 may order any deposition transcripts and is entitled to intervene in this action, for good cause, at any
6 time;
7

5. The parties shall serve all notices of appeal upon the United States;

8

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

9

7. Should the relator or any defendant propose that this action be dismissed, settled, or

10 otherwise discontinued, the Court will provide the United States with notice and an opportunity to be
11 heard before ruling or granting its approval.
12

IT IS SO ORDERED.

13 DATED: July 31, 2013.
14
15

UNITED STATES DISTRICT JUDGE

16
17
18
19
20
21
22
23
24
25
26
27
28
Order Re Government's
Election to Decline Intervention

2