United States of America ex rel. Liesa Kyer v. Thomas Health System, Inc. et al

Filing 68

ORDER granting 65 PETITION by United States of America ex rel. Liesa Kyer for Leave to File Statement of Interest; directing the United States to file its Statement of Interest by 10/18/2024. Signed by Judge Joseph R. Goodwin on 10/8/2024. (cc: counsel of record; representatives of the United States; any unrepresented party) (kew)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
UNITED STATES OF AMERICA EX REL. LIESA KYER,
Plaintiff,
v.

CIVIL ACTION NO. 2:20-cv-00732

THOMAS HEALTH SYSTEM, INC., et al.,
Defendants.

ORDER
Pending before the court is the United States’s Petition for Leave to File Statement of
Interest, [ECF No. 65]. On July 3, 2023, the United States informed the court that it made “no
decision” on intervention but reserved the “right to intervene” at a later time. [ECF No. 22]. More
than a year later, the United States has not yet intervened but now seeks to file a statement of
interest. [ECF No. 65]. Under 28 U.S.C. § 517, “any officer of the Department of Justice” may
“attend to the interests of the United States in a suit pending in a court of the United States.” Even
without intervention, the United States is not without power. At the Government’s request it may
be served with copies of all pleadings and deposition transcripts. 31 U.S.C. § 3730(c)(3). The court
may also “permit the Government to intervene at a later date upon a showing of good cause.” Id.
The Supreme Court has recently affirmed the Government’s power to move for dismissal. United
States ex rel. Polansky v. Executive Health Resources, Inc., 599 U.S. 419, 438 (2023) (“The
Government may move to dismiss an FCA action . . . whenever it has intervened—whether during
the seal period or later on.”).

Considering the United States’s interests and powers in a qui tam action, the motion is
GRANTED. In the court’s interest, however, the United States is directed to file its Statement of
Interest no later than October 18, 2024. On that day, the parties will have responded to each other’s
Loper Bright briefs, and the court will be able to consider all parties’ interests—including that of
the United States—at the same time. The parties’ initial Loper Bright briefs have already been
filed, and the United States can be apprised of their arguments. See [ECF Nos. 66, 67].
The court DIRECTS the Clerk to send a copy of this Order to counsel of record, including
representatives of the United States, and any unrepresented party.
ENTER:

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October 8, 2024