United States of America et al v. Lee Memorial Health System

Filing 273

ORDER: Pursuant to 28 U.S.C. § 2403(a) and Civil Rule 5.1(b), the court hereby certifies to the Attorney General of the United States that the constitutionality of an Act of Congress has been called into question in this case. By July 1, 2024 , the Attorney General must notify the court of its decision to intervene in this action. The clerk is DIRECTED to immediately transmit a copy of this order, the third-amended complaint (Doc. 142), defendants' motion for judgment on the pleading s (Doc. 268), and defendants' notice of constitutional question (Doc. 271) to the U.S. Attorney General and the U.S. Attorney for this District. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 5/17/2024. (JMM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
UNITED STATES OF AMERICA and
ANGELA D’ANNA,
Plaintiffs,
v.

2:14-cv-437-JLB-NPM

LEE MEMORIAL HEALTH SYSTEM and
CAPE MEMORIAL HOSPITAL, INC.,
Defendants.
ORDER
A decade ago, relator Angela D’Anna brought this action against Lee Health1
under the qui tam provision of the False Claims Act. (Doc. 1). The United States
elected not to intervene. (Doc. 48). Now, Lee Health moves for judgment on the
pleadings arguing the qui tam provision of the False Claims Act violates Articles II
and III of the U.S. Constitution. (Doc. 268). More specifically, it challenges “the
authority of Congress to empower a private party to litigate on behalf of the United
States in cases in which the Government has declined intervention.” (Doc. 268 at 1
n.1). On April 30, 2024, consistent with Civil Rule 5.1, Lee Health filed a notice of

1

Defendants Lee Memorial Health System and Cape Memorial Hospital, Inc. are collectively
referred to as “Lee Health.”

constitutional question, and it served the notice and motion on the Attorney General
of the United States. (Doc. 271).
Pursuant to 28 U.S.C. § 2403(a) and Civil Rule 5.1(b), the court must certify
to the Attorney General any action challenging the constitutionality of an Act of
Congress. Such is the case here. Thus, the court hereby certifies to the Attorney
General of the United States that the constitutionality of the qui tam provision of the
False Claims Act, 31 U.S.C. § 3730, has been called into question in this case. By
July 1, 2024, the Attorney General must notify the court of its decision to intervene
in this action. See Fed. R. Civ. P. 5.1(c).
The clerk is directed to immediately transmit a copy of this order, the thirdamended complaint (Doc. 142), Lee Health’s motion for judgment on the pleadings
(Doc. 268), and Lee Health’s notice of constitutional question (Doc. 271) to the
United States Attorney General at U.S. Department of Justice, 950 Pennsylvania
Avenue, NW, Washington D.C. 20530, and to provide an additional copy of these
documents to the United Sates Attorney for this District.
ORDERED on May 17, 2024.

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