United States of America et al v. North East Medical Services

Filing 25

ORDER Granting 24 Notice. Signed by Judge Claudia Wilken on 1/14/2013. (ndr, COURT STAFF) (Filed on 1/14/2013)

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KAMALA D. HARRIS
Attorney General of California
DANE GILLETTE
Chief Assistant Attorney General
BRIAN V. FRANKEL
Supervising Deputy Attorney General
LORA FOX MARTIN
Deputy Attorney General
State Bar No. 168012
1455 Frazee Rd., Ste. 315
San Diego, CA 92108
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for the State of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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UNITED STATES OF AMERICA and the
STATE OF CALIFORNIA, ex rel. LOI
TRINH and ED TA-CHIANG HSU,

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v.

Case No. 10-cv-01904-CW

Plaintiffs, THE STATE OF CALIFORNIA’S
NOTICE OF ELECTION TO
INTERVENE

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NORTH EAST MEDICAL SERVICES, and
DOES 1 through 100, inclusive,

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Defendants.

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Pursuant to the False Claims Act, California Government Code section 12652(c)(6), the

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State of California hereby notifies the Court of its election to intervene in the above-captioned

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action. The United States Government filed its Notice of Election to Intervene in this matter on

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August 6, 2012, and an Amended Notice of Election to Intervene on August 8, 2012.1 The United

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States filed a Complaint-in-Intervention on November 26, 2012.

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On August 10, 2012, this Court ordered that the seal in this action be lifted on all matters
(continued…)
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THE STATE OF CALIFORNIA’S NOTICE OF ELECTION TO INTERVENE (10-cv-01904-CW)

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The United States and the State of California (hereinafter, the “governments”) intend to file

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and serve a joint, amended Complaint-in-Intervention within the next fifteen (15) days, which

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shall serve as the operative Complaint-in-Intervention in this action.

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The State of California reserves the right to seek the dismissal of the relators’ action or

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claims at the proper time, under California Government Code section 12652(d)(3), on the ground

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that substantially the same allegations or transactions as alleged in the action or claims were

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publicly disclosed and that the relators do not qualify as original sources.

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Dated: January_4, 2013

Respectfully submitted,

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KAMALA D. HARRIS
Attorney General of California

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/s/

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LORA FOX MARTIN
Deputy Attorney General
Attorneys for the State of California

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SF2010101403

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(…continued)
occurring after the date of the Order. Accordingly, The State of California’s Notice of Election to
Intervene is not filed under seal.
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THE STATE OF CALIFORNIA’S NOTICE OF ELECTION TO INTERVENE (10-cv-01904-CW)

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[PROPOSED] ORDER
The governments having intervened in this action pursuant to the False Claims Act, 31
U.S.C. section 3730(b)(4) and California Government Code section 12652(c)(6), the Court rules
as follows:
IT IS ORDERED that:
1. the governments serve their Amended Complaint-in-Intervention upon defendant,

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together with this Order, within fifteen (15) days of the filing of the State of California’s Notice

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of Election to Intervene;

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2. the defendant file and serve its Answer to the Amended Complaint-in-Intervention
within sixty (60 ) days of the service of the Amended Complaint-in-Intervention.

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IT IS SO ORDERED,
14TH
This ____ day of January, 2013.

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____________________________________
HONORABLE CLAUDIA WILKEN
United States District Judge

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THE STATE OF CALIFORNIA’S NOTICE OF ELECTION TO INTERVENE (10-cv-01904-CW)