United States of America et al v. Select Medical Holdings Corporation et al

Filing 11

ORDER on Notice of Election to Decline Intervention. Signed by District Judge James D. Peterson on 7/22/2014. (voc) Modified on 7/24/2014. (arw)

IN ·THE UNlTBP STATES DISTRICT COURT
FOR nm WESTERN DISTRICT OF WlSCONSIN
UNITED STATFS.OF AMERICA,
ex rel, TODD SCHMADL, and STATE OF
Wl$CONSIN e~ rel. TODP SCHMi\DL,
Plaintiffs,
v.

CaseNo. 13-<:v-502-bbc

FILED UNDER SEAL

SELECT MEDICAL HOLDINGS
CORPORATION, and SELECT
SPECIALTY HOSPITAL-MADISON, INC*,

Defendants.
ORDER
The United States having declirted to intervene in this action pursuant fo the False

Claitn$ Act, 31 tJ.$.C. § 3730(b)(4)(B), and the United States having further advised the

Court that the State of Wisconsin has also declined to intervene h1 this action pursuant
to the state False Clrums Act statute, the Court rules as follows:

ITIS ORDERED that,
1. the complaint be unsealed and served upon the Defendants by the Reta.tor;

2. all other contents of the Court's file in this action filed ex parte and under seal
remain ex parte and under seal, and shall not be made public or served upon the

Defendants, except for this Order and the United States' and State of Wisconsin's Notice
of Election to Decline Intervention, which the Relator shall serve upon the Defendants
only after service of the Complaint;

3. the seal be: lifted as to all other matters occurring in this action after the date ol
thi$ Order;

,

4. the, parties shall serve all pleadings and motions filed in this action, including

supporting memoranda, upon the United States, as providedJor in 3l U.S.C~
§ 3730(c)(3), as well.as the State of Wisconsin pursuant to the state False Claims Ad

statute;

5. the United States and the State of Wisconsin may order any deposition

6. the parti~s shall senre all notices ofappeal upon.the lJni~ed.Sta~es andthe,State
of Wisconsin#-

7. all orders. 0£~ this Court shallbe sent to the United. States and. the State of
Wisconsin; and .
8. 'shoukl the Relator or the Defendants propose that this action be dismissed,,

settled, or othei;wise discontinued, ·the Court will solicit the. written consent of the
UnitedStates before ruling or granting ifs approval pursuant to the federal l1(:llse Claims
Act, and the written consent 0£ the State of Wisconsin before ruling or granting its
approval pursuant to the state False Claims Act statute.
Entered thl!I

?-~y of July, 2()14.

B2'RBA:RA B~ 'ii A Bi
United States District Judge
2