United States of America v. National Rural Utilities Cooperative Finance et al

Filing 33

ORDER granting in part and denying in part 27 Relator's motion for additional time to amend the complaint and effect service; granting in part and denying in part 28 Relator's Motion to Seal. Relator may file a Third Amended Complaint no later than 8/3/2010 and shall provide a copy of the Third Amended Complaint to the United States at least 15 days before filing it with the Court. If, within that 15 day period, the United States applies to the Court for an Order requiring the th ird amended complaint to be filed under seal and subject to the procedures set forth in 31 U.S.C. § 3730(b), Relator shall file the Third Amended Complaint under seal and not serve it on the defendants, pending further direction from the Court. If the United States has not applied for such an Order within 15 days after receiving a copy of the Third Amended Complaint from Relator, then Relator shall file the Third Amended Complaint and serve it on all defendants within thirty (30) days thereafter. Ordered by Magistrate Judge F. A. Gossett. (CLS, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA

UNITED STATES OF AMERICA, ex rel. JOHN P. RAYNOR,

) ) ) Plaintiff, ) ) v. ) ) NATIONAL RURAL UTILITIES ) COOPERATIVE FINANCE CORPORATION, ) NATIONAL RURAL ELECTRIC ) COOPERATIVE ASSOCIATION, ) RANDALL B. JOHNSTON, ) DELOITTE TOUCHE USA, LLP, ) SHELDON C. PETERSEN, JOHN J. LIST, ) STEVEN L. LILLY, GLENN L. ENGLISH, ) ERNST & YOUNG, LLP, and ) R. WAYNE STRATTON, ) ) Defendants. ) ORDER

Civil Action No. 8:08cv48

Judge Laurie Smith Camp Magistrate Judge F. A. Gossett

Upon consideration of Relator John P. Raynor's ("Relator") motion to file and serve an amended complaint (docket # 27), and the response of the United States thereto, IT IS ORDERED that the motion is granted, in part, as follows: 1. Relator may file a Third Amended Complaint no later than August 13, 2010. 2. Relator shall provide a copy of the Third Amended Complaint to the United States at least fifteen (15) days before filing it with the Court; 3. If, within that fifteen (15) day period, the United States applies to the Court for an Order requiring the third amended complaint to be filed under seal and subject to the procedures set forth in 31 U.S.C. § 3730(b), Relator shall file the Third Amended Complaint under seal and not serve it on the defendants, pending further direction from the Court;

4. If the United States has not applied for such an Order within fifteen (15) days after receiving a copy of the third amended complaint from Relator, then Relator shall file the Third Amended Complaint and serve it on all defendants within thirty (30) days thereafter. 5. Relator's Motion to File under Seal (docket # 28) is granted to the extent allowed or required by paragraph 3, above. DATED June 15, 2010. BY THE COURT: s/ F.A. Gossett United States Magistrate Judge

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