Dabek v. Walgreen Co.

Filing 28

ORDER signed by Senior Judge William B. Shubb on 3/25/2015 UNSEALING the 1 Complaint and ORDERING that it be served upon the defendant by the relator; ORDERING that all other contents of the Court's file in this action, except for this Order a nd the 22 Notice of Election to Decline Intervention, remain under seal; ORDERING the relator to serve this Order and the 22 Notice of Election to Decline Intervention upon the defendant only after service of the 1 Complaint; LIFTING the seal a s to all other matters occurring in this action after the date of this Order; ORDERING the parties to serve all pleadings and motions, including supporting memoranda, and all notices of appeal filed in this action upon the United States; ORDERING tha t all orders of this Court be served on the United States; NOTIFYING the relator and the defendant that the Court will provide the United States with notice and an opportunity to be heard prior to ruling on or granting its approval for any proposal that this action be dismissed, settled, or otherwise discontinued. (Michel, G.)

1 BENJAMIN B. WAGNER
United States Attorney
2 CATHERINE J. SWANN
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, California 95814
4 Telephone: [phone]
Facsimile: [phone]
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6 Attorneys for the United States of America
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA and the
STATE of CALIFORNIA, ex rel. GLENN
DABEK,
Plaintiffs,

Case No. 2:13-cv-2397 WBS-DAD
ORDER ON THE UNITED STATES’
NOTICE OF ELECTION TO
DECLINE INTERVENTION

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vs.
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WALGREEN CO.,
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Defendant.
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The United States having declined to intervene in this action pursuant to the False Claims

19 Act, 31 U.S.C. § 3730(b)(4)(B), the Court rules as follows:
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21 IT IS ORDERED that,
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1. The complaint be unsealed and served upon the defendant by the relator;

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

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public or served upon the defendant, except for this Order and the United States’ Notice of

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Election to Decline Intervention, which the relator will serve upon the defendant only after

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service of the complaint;

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

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Order;

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[Proposed] Order on the United States’
Notice of Election to Decline Intervention

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

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memoranda, upon the United States, as provide in 31 U.S.C. § 3730(c)(3). The United States

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may order any deposition transcripts and is entitled to intervene in this action, for good

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cause, at any time;

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

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

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

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otherwise discontinued, the Court will provide the United States with notice and an

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opportunity to be heard before ruling or granting its approval.

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IT IS SO ORDERED.

12 Dated: March 25, 2015
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[Proposed] Order on the United States’
Notice of Election to Decline Intervention

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CERTIFICATE OF SERVICE BY MAIL

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The undersigned hereby certifies that she is an employee in the Office of the United States

3 Attorney for the Eastern District of California and is a person of such age and discretion to be
4 competent to serve papers.
That on March 25, 2015, she served a copy of:

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THE UNITED STATES’ NOTICE OF ELECTION TO DECLINE INTERVENTION
and [PROPOSED] ORDER ON THE UNITED STATES’ NOTICE OF ELECTION TO
DECLINE INTERVENTION

9 by placing said copy in a postpaid envelope addressed to the person(s) hereinafter named, at the
10 place(s) and address(es) stated below, which is/are the last known address(es), and by depositing
11 said envelope and its contents in the United States Mail at Sacramento, California.
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Addressee(s):

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Peter G. Thyberg
14 THYBERGLAW
8789 Auburn Folsom Rd, Suite C337
15 Granite Bay, California 95746
16 Bernice Yew
California Department of Justice
17 Criminal Law Division
Bureau of Medi-Cal Fraud and Elder Abuse
18 1425 River Park Drive, Suite 300
Sacramento, California 95815
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/s/ Dominique Williams
DOMINIQUE WILLIAMS

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