Hawkins v. The University of Vermont Health Network Inc. et al

Filing 16

ORDER re: 14 NOTICE of Election to Decline Intervention. Signed by Judge Christina Reiss on 12/2/2021. (kp) Unsealed on 12/3/2021 (jlh)

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT
UNITED STATES OF AMERICA, and the
STATES OF NEW YORK AND
VERMONT, ex rel. MICHAEL HA WK.INS

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Plaintiffs/Relator,

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Case No. 2: l 8-cv-85-cr

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V.

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THE UNIVERSITY OF VERMONT
HEAL TH NETWORK, INC., and
UNIVERSITY OF VERMONT MEDICAL
CENTER, INC.,

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Defendants.

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ORDER
The United States having declined to intervene in this action pursuant to the False Claims
Act, 31 U.S.C. § 3730(b )(4)(8), and the States of Vermont and New York having declined to
intervene in this action pursuant to the Vermont False Claims Act, 32 V.S.A. § 632(b)(5)(B), and
the New York False Claims Act, N. Y. State Fin. Law, Art. 13, § l 90(2)(f), the court hereby

ORDERS that:
1. the Complaint be unsealed and served on Defendants by the relator;
2. all documents filed by the United States outlining its investigation of whether to
intervene contained in the court's docket in this action shall remain under seal and
not be made public or served upon the defendant, except for this Order, the United
States' Notice of Election to Decline Intervention, and the States of Vermont and
New York's Joint Notice of Election to Decline Intervention, which the relator shall
serve on Defendants only after effecting 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 and the States of Vermont and New
York, as provided for by 31 U.S.C. § 3730(c)(3), 32 V.S.A. § 633(c), and N.Y. State
Fin. Law, Art. 13, § l 90(2)(t), respectively. The United States and the States of
Vermont and New York, may order any deposition transcripts and may seek to
intervene in this action, for good cause shown, at any time;
5. the parties shall serve all notices of appeal upon the United States and the States of
Vermont and New York;
6. all Orders of this court shall be sent to the United States and the States of Vermont
and New York; and
7. should the relator or Defendants propose that this action be dismissed, settled, or
otherwise discontinued, the court will solicit the written consent of the United States
and the States of Vermont and New York, and provide the United States and the
States of Vermont and New York an opportunity to be heard on the matter, before
ruling or granting its approval.

IT IS SO ORDERED.

Dated:

121212021

Isl Christina Reiss

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HON. CHRISTINA REISS
United States District Judge

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