Mazik et al v. Kaiser Permanente, Inc. et al

Filing 20

ORDER signed by District Judge John A. Mendez on 7/10/2020 ORDERING 1 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 and The Government's Notice of Election to Decline Intervention, which the relator will serve upon the defendant only after service of the complaint. (Reader, L) Modified on 7/13/2020 (Reader, L).

1 McGREGOR W. SCOTT
United States Attorney
2 CATHERINE J. SWANN
Assistant United States Attorney
3 501 I Street, 10th Floor
Sacramento, California 95814
4 Telephone: [phone]
Fax: [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
states of CALIFORNIA, COLORADO,
DISTRICT OF COLUMBIA, GEORGIA,
HAWAII, MARYLAND, VIRGINIA,
WASHINGTON, ex rel. JEFFREY MAZIK,

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2: 19-CV-559 JAM KJN

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

Plaintiffs,
vs.

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KAISER PERMANENTE, INC., KAISER
FOUNDATION HEALTH PLAN, INC.,

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Defendants.

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

22 Act, 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

25 public or served upon the defendant, except for this Order and The Government's Notice of Election
26 to Decline Intervention, which the relator will serve upon the defendant only after service of the
27 complaint;
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The United States’ Notice of Election to
Decline Intervention

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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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2 Order;

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

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

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

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15 DATE: July 10, 2020
/s/ John A. Mendez________
HONORABLE JOHN A. MENDEZ
United States District Court Judge

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The United States’ Notice of Election to
Decline Intervention

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CERTIFICATE OF SERVICE BY ELECTRONIC MAIL
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.
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That on July 10, 2020, she served a copy of:

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

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by sending copies via electronic mail to the electronic address(es) stated below, which is/are the last
known electronic address(es).
Addressee(s):

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Sarah Chu
12 [e-mail]
Joseph, Greenwald & Laake, P.A.
13 6404 Ivy Lane, Suite 400
Greenbelt, Maryland 20770
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15 Veronica Nannis
[e-mail]
16 Joseph, Greenwald & Laake, P.A.
6404 Ivy Lane, Suite 400
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Greenbelt, Maryland 20770
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Dave Scher
19 [e-mail]
JAMES HOYER P.A.
20 1300 I Street, NW, Suite 400E
21 Washington, D.C. 20005
22 Kevin C. Davis

[e-mail]

23 California Attorney General/BMFEA
2329 Gateway Oaks Drive, Suite 200
24 Sacramento, CA 95833-4252
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/s/ Monica C. Lee
MONICA C. LEE