United States et al v. Osterhout Group, Inc et al

Filing 15

ORDER granting United States' Request to Unseal Case signed by Magistrate Judge Elizabeth D. Laporte. (Attachments: # 1 certificate of service)(shyS, COURT STAFF) (Filed on 3/16/2016)

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6 BRIAN J. STRETCH (CA .Bar No. 163973) Acting United States Attorney ALEX G. TSE (CA Bar No. 152348) Chief, Civil Division SARA WINSLOW (DC Bar No. 457643) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-6925 · Facsnnile: (415) 436-6748 sara.winslow@usdoj.gov 7 Attorneys for the United States of America 1 2 3 4 5 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 UNITED STATES OF AMERICA, ex rei. LITE MACHINES, INC., . Plaintiffs, 13 14 15 OSTERHOUT GROUP, INC., et al., Defendants. 17 18 19 20 Case No. C 15-2977 EDL · ) UNITED STATES' RE~UEST TO ~ UNSEAL CASE; !PIUHOW:O] ) ORDER TO UNSEAL v. 16 ) ) ) mLEDUNDERSEAL ) ~ This action was filed under seal pursuant to the qui tam provisions of the False Claims Act (FCA),' 31 U.S.C. § 3730(b). On March 2, 2016, Relator, Lite Machines, Inc., filed a voluntary dismissal of this action, to which the United States did not object. On March 4, 2016, 21 . the Court entered an order dismissing the action without prejudice. The dismissal occurred while 22 23 the case was still under seal. Typically, when the United States notifies the Court of its decision . 24 whether to intervene in a qui tam case, the government also asks the Court to unseal the case. 25 However, in this case, the dismissal occurred before the United States was able to do so. 26 27 28 REQUEST TO UNSEAL No. C 15-2977 EDL 1 The Un ited States now respectfull y requests that the Court tmseal: (1 ) Relato r's 1 2 Comp laint: (2) the summo ns, if any; (3) the sched uling o rder; (4) P laintiffs Motion fo r 3 Voluntary Dismissal; (5) the March 4, 2016 Order dismissing the case; (6) th is Req uest to Unseal 4 Case, with [Proposed] O rder to U nseal; and (7) a ll future filings in this action . T he United States 5 requests that all o ther co ntents of the Court's fi le in this matter (including any applications fi led 6 7 by the U nited States fo r extensions o f the sixty-day investigative period and related orders) 8 remain under seal. The undersigned government counsel understands from communications wit 9 Relator's coun sel that Re lato r does no t o bject to this unsealing request. 10 Respectfully submi tted, 11 BRIAN J . STRETCH Acting United Stales A ttorney 12 13 Dated: March 14, 20 16 14 By: c~t/t 3 ·- SARA WTNSLOW Assistant U nited States Attorney Attorneys for the U nited States of America 15 16 II 17 18 II 19 II 20 II 21 II 22 23 II 24 II 25 II 26 II 27 28 REQUEST TO UNSEAL No. C 15-2977 EOL 2 1 [:eRUPO~ElJ] ORDER TO UNSEAL 2 IT IS HEREBY 0 RD ERED that: 3 I. The Compla int, the summons, the scheduling order, P lainti ff's Motion for Voluntary 4 5 Dism issa l. the Court' s March 4, 20 16 Order dism issing the case, the Un ited States' Request to 6 Unsea l Case, and this Order are hereby W1Sealed. 7 2. Any other applications ti led under seal by the U nited States shall remain under seal. 8 .., The seal shal l be lifted as to any other matters occurring in this action after the date o .) . 9 10 this Order. IT IS SO O RD ERED . 11 12 Dated: ~ ~ t"'\ ( .--1 Q) ( b 13 United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST TO UNSEAL No. C 15-2977 EDL 3

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