Esfandiarfard v. Sutter Health

Filing 16

ORDER ON UNITED STATES' NOTICE OFELECTION TO DECLINE INTERVENTION signed by District Judge John A. Mendez on 11/27/17, ORDERING that the complaint be UNSEALED and served upon the Defendant by the Relator. All other contents of the Court' s file in this action remain under seal and not be made public or served upon the Defendant, except for this Order, all prior Orders, and the United States' 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. (Kastilahn, A)

PHILLIP A. TALBERT
United States Attorney
2 EDWARD A. BAKER
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Plaintiff
6 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, THE STATE OF
CALIFORNIA ex rel., ROBERTA
ESFANDIARFARD,

CASE NO. 2:16-cv-0649 JAM AC
ORDER ON UNITED STATES’ NOTICE OF
ELECTION TO DECLINE INTERVENTION

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-vs13

SUTTER HEALTH, a California Corporation,
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Defendant.
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The United States having declined to intervene in this action pursuant to the False Claims Act,
31 U.S.C. § 3730(b)(4)(B), the Court rules as follows:

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IT IS ORDERED that,

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1.

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

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or served upon the Defendant, except for this Order, all prior Orders, and the United States’

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Notice of Election to Decline Intervention, which the Relator will serve upon the Defendant

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only after service of the Complaint;

The complaint be unsealed and served upon the Defendant by the Relator;

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

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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 provided for in 31 U.S.C. § 3730(c)(3). The United

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[PROPOSED] ORDER ON U.S. NOTICE OF ELECTION TO DECLINE INTERVENTION

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States 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.
DATE: November 27, 2017
/s/ JOHN A. MENDEZ
HONORABLE JOHN A. MENDEZ
United States District Judge

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[PROPOSED] ORDER ON U.S. NOTICE OF ELECTION TO DECLINE INTERVENTION

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