Michaels et al v. Agape Senior Community Inc et al

Filing 13

ORDER re 12 NOTICE of Declination of Intervention, unsealing the action and directing the complaint be served upon the defendants by the relators. Signed by Honorable Joseph F Anderson, Jr on 03/07/2013. (bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
United States of America
ex rel. BRIANNA MICHAELS and AMY
WHITESIDES,

)
)
)
)
Plaintiff
)
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v.
)
)
AGAPE SENIOR COMMUNITY, ET AL., )
)
)
Defendants.
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____________________________________)

CA No. 0:12-CV-03466-JFA
FILED UNDER SEAL

Order
The United States having declined to intervene in this action pursuant to the False
Claims Act, 31 U.S.C. § 3730(b)(4)(B), the Court rules as follows:
IT IS ORDERED that,
1. the complaint be unsealed and served upon the defendants by the relators;
2. the relators serve this Order and the Government’s Notice of Election to Decline
Intervention, after service of the complaint;
3. the seal be lifted as to all other matters occurring in this action;
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 and is

entitled to intervene in this action, for good cause, at any time;
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 that
7. should the relators or the defendants propose that this action be dismissed, settled,
or otherwise discontinued, either the relators or the defendants will solicit the
written consent of the United States before presenting the matter to this court for
its ruling or granting its approval.

IT IS SO ORDERED.

March 7, 2013
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge