LONGACRE v. AB HOME HEALTH CARE LLC

Filing 10

ORDER re 9 Notice Re Government's Notice of Election to Decline Intervention. By JUDGE NANCY TORRESEN. (MMB)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
UNITED STATES OF AMERICA, ex rel. )
REBEKAH LONGACRE,
)
)
Plaintiff,
)
)
v.
)
)
AB HOME HEALTH CARE, LLC,
)
)
Defendant.
)
)

Case No. 2:16-cv-00279-NT

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). The Court therefore rules as follows:
1.

The Complaint shall be unsealed, and shall be served upon Defendant by the

Relator within 90 days of the date of this Order.
2.

All other contents of the Court’s file in this action shall remain under seal and not

be made public or served upon Defendant, except for this Order and the United States’ Notice of
Election to Decline Intervention, which Relator will serve upon Defendant only after service of
the Complaint.
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, upon the United States as provided by 31 U.S.C. § 3730(c)(3). The

United States may order any deposition transcripts and, for good cause, is entitled to later
intervene in this action at any time.
5.

All Orders of this Court shall be sent to the United States by the parties.

6.

Under 31 U.S.C. § 3730(b)(2), a False Claims Act civil action “may be dismissed

only if the court and the Attorney General give written consent to the dismissal and their reasons
for consenting.” Pursuant to this statute, should either the Relator or Defendant propose that this
action be dismissed, settled, or otherwise discontinued, the Relator or Defendant shall first solicit
the written consent of the United States concerning any such dismissal, settlement, or
discontinuance. The United States shall thereafter file with the Court a statement setting forth its
position with respect to whether it consents to dismissal, settlement, or discontinuance of the
action and, if so, its reasons for so consenting.
IT IS SO ORDERED.
This 20th day of January, 2017.

/s/ Nancy Torresen________________
U.S. Chief District Judge

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