Shaheen, M.D. v. Via Christie Health, Inc. et al

Filing 10

ORDER re 9 Notice of Election to Decline Intervention filed by United States of America. Signed by Magistrate Judge James P. O'Hara on 1/24/18. (kao)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

UNITED STATES OF AMERICA,
ex rel.
Mazen Shaheen,
Plaintiff,
vs.

Case No. 16-2766-CM

VIA CHRISTI HEALTH, INC., et al.,
Defendants.
ORDER
The United States has declined to intervene in this action pursuant to the False Claims
Act, 31 U.S.C. § 3730(b)(4)(B) (see ECF No. 9). Accordingly, it is ordered that:
1. The Complaint (ECF No. 1), this order, and the United States’ Notice of Election to
Decline Intervention (ECF No. 9), shall be unsealed and be served on defendants by the relator;
2. The United States’ motions to extend the intervention deadline and the corresponding
orders (ECF Nos. 5-8) shall remain ex parte and not be made public or served on either the
relator or defendants;
3. The seal shall 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, on the United States, as provided for in 31 U.S.C. § 3730(c)(3). The
United States 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 on the United States;

6. All orders of this court will be sent via CM/ECF to the United States as an interested
party; and
7. Should the relator or defendants propose that this action be dismissed, settled, or
otherwise discontinued, the court will solicit the written consent of the United States before
ruling or granting its approval.
IT IS SO ORDERED.
Dated January 24, 2018, at Kansas City, Kansas.

s/ James P. O’Hara
James P. O’Hara
United States Magistrate Judge