Richards v. Kare Partners, LLC et al

Filing 26

ORDER granting 25 Motion to Unseal 2 Complaint; the 2 Qui Tam Complaint, the United States' and the State of North Carolina's 25 Notice of Election to Decline Intervention and Motion to Unseal Complaint, and this Order are unsealed. Signed by Magistrate Judge David S. Cayer on 3/31/2021. (mek)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:18-cv-472-FDW-DSC

UNITED STATES OF AMERICA ex rel.
LINNETTE RICHARDS and STATE OF
NORTH CAROLINA ex rel. LINNETTE
RICHARDS,
Plaintiffs,
vs.

UNDER SEAL
ORDER

KARE PARTNERS LLC, COMPREHAB
LLC, ADI KHINDARIA and MICHAEL
HUCKINS,
Defendants.

THIS MATTER is before the Court on the United States’ and State of North Carolina’s
Notice of Election to Decline Intervention and Motion to Unseal Complaint (Doc. 25). The
United States and the State of North Carolina, having declined to intervene in this action
pursuant to the False Claims Act, 31 U.S.C. § 3730(b)(4)(B) and N.C.G.S. § 1-608(b)(4)(b), the
Court orders as follows:
IT IS ORDERED that,
1.

The Complaint (Doc. No. 2), the United States’ and the State of North Carolina’s

Notice of Election to Decline Intervention and Motion to Unseal Complaint (Doc No. 25), and
this Order be unsealed;
2.

If Relator elects to proceed with this action pursuant to 31 U.S.C. § 3730(c)(3)

and/or N.C.G.S. § 1-609(f), Relator shall serve the Complaint on Defendants within ninety days
of this Order;

3.

All other contents of the Court’s file in this action remain under seal and shall not

be made public or served upon the Defendants, except for the Complaint, this Order and the
Governments’ Notice of Election to Decline Intervention and Motion to Unseal Complaint,
which the Relator will serve upon the Defendants only after service of the Complaint;
4.

The seal be lifted as to all other matters occurring in this action after the date of

this Order;
5.

The parties shall serve all pleadings and motions filed in this action, including

supporting memoranda, upon the United States and the State of North Carolina, as provided for
in 31 U.S.C. § 3730(c)(3) and N.C.G.S. § 1-609(f). The United States and the State of North
Carolina may order any deposition transcripts and are entitled to intervene in this action for good
cause at any time;
6.

The parties shall serve all notices of appeal upon the United States and the State

of North Carolina;
7.

All orders of this Court shall be sent to the United States and the State of North

Carolina; and that
8.

Should the Relator or the Defendants move that this action be dismissed or this

action is settled or otherwise discontinued, the Court will solicit the written consent of the United
States and the State of North Carolina before ruling.
SO ORDERED.
Signed: March 31, 2021

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