Adomitis v. Tahoe Forest Hospital District ( 2020 )

1 MUnciGteRdE SGtaOteRs AWtt. oSrCneOyT T 2 KELLI L. TAYLOR Assistant United States Attorney 3 501 I Street, Suite 10-100 Sacramento, CA 95814 4 Telephone: (916) 554-2700 Facsimile: (916) 554-2900 5 6 Attorneys for the United States 7 8 IN THE UNITED STATES DISTRICT COURT 9 IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, ex rel., No. 2:17-cv-1879 KJM FRANK ADOMITIS, an individual, 12 ORDER Plaintiff, 13 v. 14 TAHOE FOREST HOSPITAL DISTRICT; 15 DOES 1 through 20, inclusive, 16 Defendant. 17 The United States has declined to intervene in this action pursuant to the False Claims 18 Act, 31 U.S.C. § 3730(b)(4)(B). Notice, ECF No. 17. In its notice to the court, the United States has 19 requested that, with the exception of the complaint, “[a]ll other contents of the Court’s file in this action 20 remain under seal and not be made public or served upon the Defendant, except for this Order and the 21 United States’ Notice of Election to Decline Intervention, which the Relator will serve upon the 22 Defendant only after service of the Complaint[.]” 23 In making this request to seal, the United States fails to justify an exception to the FCA’s 24 general disclosure requirement. See 31 U.S.C. 3730(b)(3); U.S. ex rel. Lee v. Horizon W., Inc., No. 00- 25 2921, 2006 WL 305966, at *2 (N.D. Cal. Feb. 8, 2006). Accordingly, within fourteen (14) days of this 26 order, any party may SHOW CAUSE why certain filings in this action are not subject to disclosure and 27 must remain under seal. 28 1 The remainder of the United States’ requests made in its notice to the court are GRANTED. 2 Accordingly, IT IS ORDERED that: 3 1. The Complaint be unsealed and served upon the Defendant by the Relator; 4 2. The seal be lifted as to all other matters occurring in this action after the date of this Order; 5 3. The parties shall serve all pleadings and motions filed in this action, including supporting 6 memoranda, upon the United States, as provided for in 31 U.S.C. § 3730(c)(3). The United States may 7 order any deposition transcripts and is entitled to intervene in this action, for good cause, at any time; 8 4. The parties shall serve all notices of appeal upon the United States; 9 5. All orders of this Court shall be sent to the United States; and 10 6. Should the Relator or the Defendant propose that this action be dismissed, settled, or 11 otherwise discontinued, the Court will provide the United States with notice and an opportunity to be 12 heard before ruling or granting its approval. 13 IT IS SO ORDERED. 14 DATED: June 12, 2020. 15 16 17 18 19 20 21 22 23 24 25 26 27 28