Watkins et al v. Infogroup, Inc.

Filing 6

ORDER that the Complaint 1 shall be unsealed and served upon the defendant by the relator. This Order and the Government's Notice of Election to Decline Intervention 5 shall be served by the relator on the defendant after service of the complaint. All other contents of the file in this action shall remain under seal and shall not be made public or served upon the defendant. The seal is lifted as to all other matters occurring in this action after the date of this Order. Ordered by Judge Joseph F. Bataillon. (ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
TRICIA WATKINS, individually and in the
name of the United States Government;
8:11CV378
Plaintiff,
vs.

ORDER

INFOGROUP, INC., a Delaware
corporation;
Defendant.

This matter is before the court on the United States’ notice that it declines to
prosecute this action, Filing No. 5. This is a qui tam action brought in the name of the
United States under the False Claims Act, 31 U.S.C. § 3730(b)(1) for violations of the
Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (“FLSA”), and for retaliation under the
FLSA.
Under the False Claims Act, “[i]f the Government elects not to proceed with the
action, the person who initiated the action shall have the right to conduct the action.” 31
U.S.C. § 3730(c)(3). “If the Government so requests, it shall be served with copies of all
pleadings filed in the action and shall be supplied with copies of all deposition
transcripts (at the Government’s expense).” Id. The False Claims Act provides that the
complaint is sealed while the government investigates the case and determines whether
to intervene in the action. 31 U.S.C. § 3730(b)(2) and (b)(3). After completion of the
government’s investigation and notice of its intervention decision, the seal is lifted and
the qui tam complaint becomes public. American Civil Liberties Union v. Holder, 652
F.Supp.2d 654, 659 (E.D. Va. 2009). The United States having declined to intervene in
this action,
IT IS ORDERED:
1.
relator.

The complaint shall be unsealed and served upon the defendant by the

2.

This Order and the Government’s Notice of Election to Decline

Intervention (Filing No. 5) shall be served by the relator on the defendant after service of
the complaint.
3.

All other contents of the file in this action shall remain under seal and shall

not be made public or served upon the defendant.
4.

The seal is lifted as to all other matters occurring in this action after the

date of this Order.
5.

The parties shall electronically serve all pleadings, motions, supporting

memoranda, and notices of appeal in this case on the United States, as provided 31
U.S.C. § 3730(c)(3).
6.

The United States may order any deposition transcripts and is entitled to

intervene in this action, for good cause, at any time;
7.

The Clerk of Court is directed to electronically serve all orders of this court

on the United States, and to maintain the United States as a party entitled to notice of
proceedings and filings in this action.
8.

The parties shall solicit the written consent of the United States and seek

court approval before dismissing, settling, or otherwise discontinuing this case.
DATED this 5th day of July, 2012.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge

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