United States of America et al v. Kalispell Regional Healthcare et al

Filing 56

ORDER DISMISSING CASE with prejudice and ORDER TO SHOW CAUSE by 5pm why cause numbers CV-16-125-M-DWM and CV 18-80-M-DWM should not be unsealed in their entirety. Signed by Judge Donald W. Molloy on 9/26/2018. (ASG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

UNITED STATES OF AMERICA,
STATE OF MONTANA, ex rel. JON
MOHATT,
Relator,

Lead Case No.
CV 18-80-M-DWM
Member Case No.
CV 16-125-M-DWM
ORDER

vs.
HEAL THCENTER NORTHWEST,
LLC, et al.,
Defendants.

The United States has filed an ex parte notice of election to intervene in part
and to decline to intervene in part, pursuant to the False Claims Act, 31 U.S.C.
§ 3730(b)(3). (Doc. 12.) As part of the notice, the parties have informed the Court
that there are no objections to the unsealing of cause numbers CV-16-125-MDWM and CV 18-80-M-DWM. (Id. at 1.) Nevertheless, the United States
requests that certain documents in these causes remain sealed. (Id. at 4.) The
parties have also filed a stipulation for dismissal pursuant to Rule 41(a). (Doc.
13.) Accordingly,
IT IS ORDERED that the United States has until 5:00 p.m. today, September
26, 2018, to SHOW CAUSE as to why cause numbers CV-16-125-M-DWM and
CV 18-80--M-DWM should not be unsealed in their entirety. The United States'

filing to show cause shall include citations to proper authority in support of the
United States' position.
IT IS FURTHER ORDERED that the above-captioned causes are
DISMISSED WITH PREJUDICE pursuant to the parties' joint stipulation of
dismissal (Doc. 13). All pending motions are MOOT and all deadlines, excepting
the show cause deadline set by this Order, are VACATED. The Court declines to
retain jurisdiction over enforcement of the parties' settlement agreement.
Kokkonen v. Guardian Life Ins. Co. ofAm., 511 U.S. 375, 381 (1994).
DATED this

1f, ~ of September, 2018.

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