Howard v. Caddell Construction Company, Inc. et al

Filing 45

ORDER granting 44 Application to Unseal - The relator's qui tarn complaint, the United States' Notice of Partial Intervention filed July 14, 2014, the United States' Application to Unseal filed August 22, 2014, and this Order beunsealed. The relator shall serve his qui tarn complaint upon the remaining defendants. Signed by Chief Judge James C. Dever III on 9/17/2014. (Tripp, S.)

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
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UNITED STATES OF AMERICA, ex ref.
RICKEY HOWARD,

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Plaintiff/Relator,

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FILED UNDER SEAL

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V.

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No. 7:11-CV-270-D

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CADDELL CONSTRUCTION CO.,
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W.G. YATES & SONS CONSTR. CO.,
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POMPANO MASONRY CORP.,
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BRESLOW CONSTRUCTION LLC,
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DAVID J. VALDINI & ASSOC. P.A.,
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SEITLIN & COMPANY, JULIAN MARIE )
BRESLOW, STEPHEN JAY SIEGEL,
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CLEETUS MCHENRY, JOSEPH
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CANITANO, DAVID J. VALDIN!,
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DALE A. BELlS, and JILLIAN BRESLOW)
PHELPS,
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Defendants.
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__________________________)
ORDER

Pursuant to the False Claims Act, the United States having intervened for the purpose of
settlement as to David J. Valdini and David J. Valdini & Associates, P.A., and declined to
intervene as to the remaining defendants, it is hereby ORDERED:
1. The relator's qui tarn complaint, the United States' Notice of Partial Intervention filed

July 14, 2014, the United States' Application to Unseal filed August 22, 2014, and this Order be
unsealed;
2. The relator shall serve his qui tarn complaint upon the remaining defendants;
3. All other papers and orders on file in this matter shall remain under seal;

4. The seal shall be lifted on all other matters occurring in this action after the date of
this Order;
5. As to the part of the action in which the United States has declined to intervene, the

parties shall serve all pleadings and motions filed in that part of the action, including supporting
memoranda, upon 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 that part of the action,
for good cause, at any time;
6. All orders of this Court shall be sent to the United States; and
7. Should the relator or any defendant propose that the part of the action in which the
United States has declined to intervene be dismissed, settled, or otherwise discontinued, the
Court will solicit the written consent of the United States before ruling or granting its approval.
So Ordered this _11_ day of J..p~eM4 e&

, 2014.

HO . JAMES C. DEVER, III
Chie United States District Judge

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