Mobile Barriers LLC v. Gambatese et al

Filing 19

ORDER granting 18 Motion to Unrestrict Case But Maintain Level 2 Restriction of Certain Pleadings. The clerk of court is directed to unrestrict this case. Restricted documents docketed as [# 8 ] filed 10/20/2014, and [# 12 ] filed 4/16/2015, shall be maintained at level 2 restriction. By Judge Robert E. Blackburn on 5/8/2015. (alowe)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 14-cv-02125-REB-KLM
MOBILE BARRIERS, LLC, a State of Colorado limited liability corporation, by its
Chairman and CEO
KEVIN GROENEWEG, on behalf of the
UNITED STATES OF AMERICA,
Plaintiff/Relators,
v.
JOHN S. GEMBATESE, in his individual and official capacities,
NICHOLAS TYMVIOS, in his individual and official capacities,
OREGON STATE UNIVERSITY, a leading public research university in the State of
Oregon,
JOHN DOES 1-20, who true names are unknown, and
XYZ COMPANIES 1-20, whose true names and business entity and/or agency forms
are unknown,
Defendants.

ORDER
Blackburn, J.
The matter is before me on The United States’ Motion To Unrestrict Case But
Maintain Level 2 Restriction of Certain Pleadings [#18],1 filed April 30, 2015. The
United States has declined to intervene in this False Claims Act action pursuant to 31
U.S.C. § 3730(b)(4)(B). After careful review of the motion and the file, the court
concludes that the motion should be granted.
THEREFORE, IT IS ORDERED as follows:

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“[#18]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

1. That The United States’ Motion To Unrestrict Case But Maintain Level 2
Restriction of Certain Pleadings [#18], filed April 30, 2015, is granted;
2. That the clerk of the court is directed to unrestrict this case;
3. That restricted documents docketed as [#8], filed October 20, 2014, and [#12],
filed April 16, 2015, shall be maintained at level 2 restriction; and
4. That the Qui Tam Complaint Under the False Claims Act (“FCA”), and
Complaint for Fraud, Violations of Colorado Government Immunity Act (“GIA”),
and Injunctive Relief [#1], filed July 31, 2014; The United States’ Consent to
Voluntary Dismissal without Prejudice [#17], filed April 30, 2015; The United States’
Motion To Unrestrict Case But Maintain Level 2 Restriction of Certain Pleadings
[#18], filed April 30, 2015; and this order shall be unrestricted and publicly accessible.
Dated May 8, 2015, at Denver, Colorado.
BY THE COURT:

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