Doe et al v. Nexxt Spine, Inc. et al

Filing 48

ORDER signed by District Judge Leslie E. Kobayashi on 10/20/2020 UNSEALING the 1 Complaint and DIRECTING the relator to serve the defendant. All other content shall REMAIN SEALED except for this order and 47 Notice of Decline. The seal is LIFTED as to all other matters occurring in this action after the date of this order. (Donati, J)

1 MCGREGOR W. SCOTT
United States Attorney
2 CATHERINE J. SWANN
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
Facsimile: [phone]
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6 Attorneys for the United States
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IN THE UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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UNITED STATES, ex rel., JANE DOE, STATE
OF CALIFORNIA, ex rel., JANE DOE,

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CASE NO. 2:16-cv-2178 LEK
ORDER ON THE UNITED STATES’
NOTICE OF ELECTION TO DECLINE
INTERVENTION

Plaintiffs,
v.

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NEXXT SPINE, LLC; SUTTER MEDICAL
CENTER; GEORGE PICETTI, M.D., and
DOES 1 through 25,

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Defendants.
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The United States having declined to intervene in this action pursuant to the False Claims Act,

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

24 or served upon the defendant, except for this Order and The Government's Notice of Election to Decline
25 Intervention, which the relator will serve upon the defendant only after 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 Order;

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

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(PROPOSED) ORDER ON THE UNITED
STATES’ NOTICE OF ELECTION TO
DECLINE INTERVENTION

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1 memoranda, upon the United States, as provided for in 31 U.S.C. § 3730(c)(3). The United States may
2 order any deposition transcripts and is entitled to intervene in this action, for good 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 otherwise

6 discontinued, the Court will provide the United States with notice and an opportunity to be heard before
7 ruling or granting its approval.
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IT IS SO ORDERED.

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11 DATE: HONOLULU, HAWAII, October 20, 2020.
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(PROPOSED) ORDER ON THE UNITED
STATES’ NOTICE OF ELECTION TO
DECLINE INTERVENTION

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CERTIFICATE OF SERVICE BY ELECTRONIC 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 competent
4 to serve papers.
That on October 19, 2020, she served a copy of:

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(PROPROSED) ORDER ON THE UNITED STATES’ NOTICE
OF ELECTION TO DECLINE INTERVENTION

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by sending via electronic mail to the following individual(s) at the noted email address(es), which is/are
the last known address(es).

10 Addressee(s):
11 Mark Kleiman
[e-mail]
12 Law Office of Mark Alan Kleiman
2907 Stanford Avenue
13 Venice, CA 90292
14 Jennifer Gregory
[e-mail]
15 BMFEA
2329 Gateway Oaks Drive, Suite 200
16 Sacramento, CA 95833
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/s/ Catherine Swann
CATHERINE SWANN

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(PROPOSED) ORDER ON THE UNITED
STATES’ NOTICE OF ELECTION TO
DECLINE INTERVENTION

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