United States of America et al v. Myriad Genetics Inc

Filing 28

ORDER unsealing case, directing the complaint be served upon the defendant by the relator, and directing the relator to serve this Order and the Government's Notice of Election to Decline Intervention after service of the Complaint. Signed by Honorable Joseph F. Anderson, Jr. on 07/19/2019. (bshr, ) (bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
UNITED STATES OF AMERICA ex rel.
ELAINE JETER, M.D.,
Plaintiff,
v.
MYRIAD GENETICS, INC.,
Defendant.

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C.A. No. 3:17-cv-02945-JFA

FILED EX PARTE AND
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 orders as follows:
IT IS ORDERED that,
1.

the Complaint be unsealed and served upon the defendants by the relator;

2.

the relator 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, with the exception of the

Government’s motions to extend the seal period (ECF Nos. 6, 9, 12, 20, and 22);
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 relator or the defendants propose that this action be dismissed, settled, or

otherwise discontinued, either the relator 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.
This 19th day of July, 2019.

____________________________
Joseph F. Anderson, Jr.
Senior United States District Judge