United States Of America et al v. Spanish Oaks Hospice, Inc et al

Filing 19

ORDER granting 17 Motion to Unseal Document 1 Complaint, 17 MOTION to Unseal Document filed by United States Of America, State of Georgia. Signed by Magistrate Judge G. R. Smith on 2/3/17. (jlm)

IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
UNITED STATES OF AMERICA, ex rel.
JOLIE JOHNSON and DEBBIE HELMLY,
and STATE OF GEORGIA, ex rel.
JOLIE JOHNSON and DEBBIE HELMLY,
Plaintiffs,
Civil Action No. 415-143
v.
SPANISH OAKS HOSPICE, INC.; SPANISH
OAKS RETREAT, INC.; SPANISH OAKS
FOUNDATION, INC.; SPANISH OAKS
PROPERTIES, LLC; SPANISH OAKS OF
BELLVILLE, LLC; SPANISH OAKS OF
BELLVILLE PROPERTIES, LLC; SPANISH
OAKS HOSPICE-CLAXTON; SPANISH OAKS
RETREAT AND HOSPICE; KEITH MUNGER
and DR. ALI R. RAHIMI;

EX PARTE AND UNDER SEAL

Defendants.
ORDER
The United States and the State of Georgia (“the Government”) having declined to
intervene in this action pursuant to the False Claims Act, 31 U.S.C. § 3730(b)(4)(B) and the
Georgia Medicaid False Claims Act, O.C.G.A. § 49-4-168.2(c)(4)(B), the Court rules as follows:
IT IS ORDERED that,
1. The complaint be unsealed and served upon the defendants by the relators;
2. All other contents of the Court’s file in this action remain under seal and not be made
public or served upon the defendants, except for this Order and the Government’s
Notice of Election to Decline Intervention, which the relators will serve upon the
defendants only after service of the complaint;

3. The seal be lifted as to all other matters occurring in this action after the date of this
Order;
4. The parties shall serve all pleadings and motions filed in this action, including
supporting memoranda, upon the Government, as provided for in 31 U.S.C. § 3730
(c)(3) and O.C.G.A. § 49-4-168.2(f). The Government may order any deposition
transcripts and is entitled to intervene in this action, for good cause, at any time;
5. The parties shall serve all notices of appeal upon the Government;
6. All orders of this Court shall be sent to the Government; and
7. Should the relator or defendants propose that this action be dismissed, settled, or
otherwise discontinued, except by voluntary dismissal without prejudice by the
relator—to which the Government has already consented—the Court will solicit the
written consent of the Government before ruling or granting its approval.

_____________________________________
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

Dated: 02/03/2017_______

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