Koons et al v. Union Pacific Railroad Company et al

Filing 27

ORDER signed by District Judge Kimberly J. Mueller on 11/22/2017 UNSEALING all filings in this case. (Hunt, G)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA ex rel.
EDWARD KOONS, et al.,
Plaintiffs,

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No. 2: 15-cv-01291-KJM-EFB

ORDER
v.
UNION PACIFIC RAILROAD
COMPANY, et al.,
Defendants.

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The United States recently declined to intervene in this qui tam action. See ECF

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No. 24 (filed Oct. 20, 2017). The United States nonetheless requests that all but three filings

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remain under seal. See ECF No. 24. In response, the court imposed a “temporary seal,” but

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ordered the United States to show cause within fourteen days why the seal should remain intact.

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Order, Oct. 30, 2017, ECF No. 26, at 2 (unsealing only ECF Nos. 1, 24). Fourteen days have now

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lapsed with no response.

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Although a qui tam action must be filed under seal while the United States decides

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whether to intervene, see 31 U.S.C. § 3730(b)(2), once the United States makes a decision the

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seal will be lifted, see id. § 3730(b)(3); U.S. ex rel. Lee v. Horizon W., Inc., No. 00-2921, 2006

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WL 305966, at *2 (N.D. Cal. Feb. 8, 2006). Considering the United States has now declined to
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intervene and has provided no authority or valid basis for maintaining the seal, and given the

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general nature of the sealed documents, the court hereby UNSEALS all filings in this case.

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IT IS SO ORDERED.

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This order resolves ECF No. 26.

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DATED: November 22, 2017.

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UNITED STATES DISTRICT JUDGE

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