Shugart et al v. Physicians Choice Laboratory Services, LLC

Filing 20

ORDER granting 19 Motion to Unseal this Order and The Governments Notice Of Election To Decline Intervention, 1 Complaint. All other contents of the Courts file in this action remain under seal and not be made public or served upon Defendant. Signed by Magistrate Judge David Keesler on 11/20/17. (tob)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:15-CV-263-FDW-DCK **SEALED**
PHILLIP G. SHUGART and KEVIN
SPRUILL,

Relators/Plaintiffs,
v.
PHYSICIANS CHOICE LABORATORY
SERVICES, LLC,
Defendant.

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ORDER

THIS MATTER IS BEFORE THE COURT on “The Government’s Notice Of Election
To Decline Intervention And Motion To Unseal Complaint” (Document No. 19) filed November
20, 2017. This motion has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C.
§ 636(b), and immediate review is appropriate. Having carefully considered the motion and the
record, the undersigned will grant the motion.
IT IS, THEREFORE, ORDERED that “The Government’s Notice Of Election To
Decline Intervention And Motion To Unseal Complaint” (Document No. 19) is GRANTED.
IT IS FURTHER ORDERED that:
1. The Complaint be unsealed and served upon Defendant by Relator/Plaintiffs;
2. All other contents of the Court’s file in this action remain under seal and not be made
public or served upon Defendant, except for this Order and “The Government’s Notice
Of Election To Decline Intervention,” which the Relator/Plaintiffs will serve upon
Defendant only after service of the Complaint;

3. The seal 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 for in 31 U.S.C. §
3730(c)(3).

The United States may order any deposition transcripts (at the

Government’s expense), and the Court may permit the United States to intervene in
this action, at a later date upon a showing of good cause;
5. The parties shall serve all notices of appeal upon the United States;
6. All Orders of this Court shall be sent to the United States; and
7. Should the Relator/Plaintiffs or Defendant propose that this action be dismissed,
settled, or otherwise discontinued, the parties shall solicit the written consent of the
United States and attach the Government’s response to any such proposal.
SO ORDERED.

Signed: November 20, 2017

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