Adomitis v. Tahoe Forest Hospital District

Filing 19

ORDER signed by Chief District Judge Kimberly J. Mueller on 6/12/2020 ORDERING the case UNSEALED and served on defendants by relator. The 1 Complaint shall be UNSEALED, all other previously filed content shall REMAIN SEALED. The Seal is LIFTED as to all other matter occurring in this action after the date of this order. (Zignago, K.)

1 McGREGOR W. SCOTT
United States Attorney
2 KELLI L. TAYLOR
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
Facsimile: [phone]
5
6 Attorneys for the United States
7
8

IN THE UNITED STATES DISTRICT COURT

9

IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

UNITED STATES OF AMERICA, ex rel.,
FRANK ADOMITIS, an individual,

No. 2:17-cv-1879 KJM
ORDER

12
Plaintiff,
13
v.
14
15

TAHOE FOREST HOSPITAL DISTRICT;
DOES 1 through 20, inclusive,
Defendant.

16
17

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

18 Act, 31 U.S.C. § 3730(b)(4)(B). Notice, ECF No. 17. In its notice to the court, the United States has
19 requested that, with the exception of the complaint, “[a]ll other contents of the Court’s file in this action
20 remain under seal and not be made public or served upon the Defendant, except for this Order and the
21 United States’ Notice of Election to Decline Intervention, which the Relator will serve upon the
22 Defendant only after service of the Complaint[.]”
23

In making this request to seal, the United States fails to justify an exception to the FCA’s

24 general disclosure requirement. See 31 U.S.C. 3730(b)(3); U.S. ex rel. Lee v. Horizon W., Inc., No. 0025 2921, 2006 WL 305966, at *2 (N.D. Cal. Feb. 8, 2006). Accordingly, within fourteen (14) days of this
26 order, any party may SHOW CAUSE why certain filings in this action are not subject to disclosure and
27 must remain under seal.
28
Order on U.S.Notice of Election To Decline Intervention
U.S., ex rel., Adomitis v. Tahoe Forest Hospital, No. 2:17-cv-1879 KJM

1

1

The remainder of the United States’ requests made in its notice to the court are GRANTED.

2 Accordingly, IT IS ORDERED that:
3

1. The Complaint be unsealed and served upon the Defendant by the Relator;

4

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

5

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

6 memoranda, upon the United States, as provided for in 31 U.S.C. § 3730(c)(3). The United States may
7 order any deposition transcripts and is entitled to intervene in this action, for good cause, at any time;
8

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

9

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

10

6. Should the Relator or the Defendant propose that this action be dismissed, settled, or

11 otherwise discontinued, the Court will provide the United States with notice and an opportunity to be
12 heard before ruling or granting its approval.
13

IT IS SO ORDERED.

14 DATED: June 12, 2020.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Order on U.S.Notice of Election To Decline Intervention
U.S., ex rel., Adomitis v. Tahoe Forest Hospital, No. 2:17-cv-1879 KJM

2