Artemus et al v. Louie et al

Filing 7

NOTICE OF ELECTION TO DECLINE INTERVENTION AND ORDER TO UNSEAL. Signed by Judge Jacqueline S. Corley on 5/5/16. (slhS, COURT STAFF) (Filed on 5/5/2016)

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BRIAN J. STRETCH (CA Bar No. 163973)
United States Attorney
SARA WINSLOW (DC Bar No. 457643)
Chief, Civil Division

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MAY -52016

450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495

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filed

Telephone: [phone]
Facsimile: [phone]
[e-mail]

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SUSAN Y SOONQ

NORTHERN H'S' O'STRICT COURT
DISTRICT OF CALIFORNIA

Attorneys for the United States of America

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OFCALIFORN^
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SAN FRANCISCO DIVISION^ i r
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UNITED STATES OF AMERICA, ex rel
ARTEMUS,

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Plaintiffs,
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)

) UNITED STATES'NOTICE OF
) ELECTION TO DECLINE
) INTERVENTION; [PROPOOED]
)

V.

Case No. C 16-626 JSC

ORDER TO UNSEAL

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LOUIE, et al.

FILED UNDER SEAL

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Defendants.
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Pursuant to the False Claims Act, 31 U.S.C. § 3730(b)(4)(B), the United States notifies

the Court of its decision not to intervene in tliis action.

Althoughthe United States declines to intervene, it respectfullyrefers the Court to 31

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U.S.C. § 3730(b)(1), whichallows the relatorto maintain the actionin the name of the United
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States;providing, however, that the "action may be dismissed only if the court and the Attorney

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General give written consent to the dismissal and their reasons for consenting." Id. The United

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States Courtof Appeals for the Ninth Circuithas held that, notwithstanding this language, the

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United States only has the rightto a hearing when it objects to a settlement or dismissal of the
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U.S. NOTICE OF ELECTION TO DECLINE INTERVENTION; [PRpPeSElSfORDER, No. C 16-626 JSC

action. C/.iS. ex rel Green v. Northrop Corp., 59 F.3d 953, 959 (9th Cir. 1995); U.S. ex rel
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Killingsworth v. Northrop Corp., 25 F.3d 715, lli-lS (9th Cir. 1994).

Therefore, the United States requests that, should either the relator or the defendants

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propose that this action be dismissed, settled, or otherwise discontinued, this Court provide the

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United States with notice and an opportunity to be heard before ruling or granting its approval.
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Furthermore, pursuant to 31 U.S.C. § 3730(c)(3), the United States requests that all

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pleadings filed in this actionbe served uponihe United States. The United States alsorequests
that orders issued by the Court be sent to the government's counsel. The United States reserves

its rights to order anydeposition transcripts ^d to intervene in this action, for good cause, at a

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later date, and to seek dismissal of the relatoi's action or claim. See 31 U.S.C. § 3730(c)(2), (3).
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The United States also requests that it be served with all notices of appeal.

Finally, we request that the Court xmseal: (1) relator's Complaint; (2) the summons, if

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any; (3) the scheduling order; (4) this Notice of Election to Decline Intervention, with (Proposed)

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Order to Unseal; and (5) all other matters occurring in this action after the date the Court enters
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the unsealing order. We request that all othei: contents of the Court's file in this matter

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(including, but not limited to, any applicatiotisfiled by the United States for extensions ofthe

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sixty-day investigative period, any applicatio^ for partial lifting ofthe seal, and any orders

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previously entered in this matter) remain under seal and not be made pubUc or served upon

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defendants.
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//
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U.S. NOTICE OF ELECTION TO DECLINE INTERVENTION; [HWP5sED] ORDER, No. C16-626 JSC

Respectfully submitted,
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BRIAN J. STRETCH

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United States Attorney
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Dated: May ^ ,2016

By:
SARAWINSLOW

Assistant United States Attorney

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[P^^OPOSTO]

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3RDERTO UNSEAL

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The United States having declined to intervene in this actionpursuant to the Federal False
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Claims Act, 31 U.S.C. § 3730(b)(4)(B), the Ciourt rules as follows.
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IT IS HEREBY ORDERED that:
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1. All current contents of the Court's 1
file in this action shall remain under seal and not be
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made public or servedupon the defendants, except for (1) relator's Complaint; (2) the summons,
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ifany; (3) the scheduling order; (4) this Ordep and (5) the accompanying United States' Notice

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of Election to Decline Intervention, which are hereby unsealed.
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2. The relator shall serve the Complaint upon the defendants.
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3. The relator shall serve this Order ^d the accompanying Joint Notice of Election to
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Decline Intervention upon the defendants after service of the Complaint.
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4. The seal shall be lifted as to all ot ler matters occurring in this action after the date of
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this Order.
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5. The parties shall serveall pleadings and motions filed in this action, including
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supporting memoranda, upon the United Staues, as providedfor in 31 U.S.C. § 3730(c)(3). The
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United Statesmay order any deposition transcripts and is entitledto intervene in this action, for
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good cause, at any time.
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7. The parties will provide the United States a copy of the notice or petitioninitiating any
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appeal and each paper, including briefs, filed in the appeal.
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U.S. NOTICE OF ELECTION TO DECLINE INTERVENTION; [PRGPeS^] ORDER, No. C 16-626 JSC

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8. All orders of this Court shall be sent to the United States.

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9. Should the relator or the defendant(s) propose that this action be dismissed, settled, or

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otherwise discontinued, the Court will providethe United Stateswith notice and an opportunity

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to be heard before ruling or granting its approval.
IT IS SO ORDERED.

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Dated:
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LINE SCO

CORLEY

es Magistrate Judge
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U.S. NOTICE OF ELECTION TO DECLINE INTERVENTION; [PROPOSED] ORDER, No. C 16-626 JSC

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UNITED S TATES DISTPaCT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WILLIAM ARTEMUS, et al.,
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Plaintiffs,

Case No. 16-cv-00626-JSC
*SEALED*

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V.

CERTIFICATE OF SERVICE

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JIM YAN LOUIE, et al.
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Defendants.
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CS

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.

p

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CO

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That on 5/5/2016,1 SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing

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said envelope in the U.S. Mail, or by placpg said copy(ies) into an inter-office delivery receptacle

O

•q
M 'C

^ s
00

District Court, Northern District of Califc mia.

located in the Clerk's office.
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*t3 6

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Sara Winslow

US Attorney's Office
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450 Golden Gate Avenue

San Francisco, CA 94102
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Jason A Hain
Law Offices of Jason Hain
30 Cumberland Street

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San Francisco, CA 94110

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Dated: 5/5/2016
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Susan Y. Soong
Clerk, United States District Court

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Ada*Means, Depiji^ Clerk to the
Honorable JACQUELINE SCOTT CORLEY