Doe v. Boston Scientific ( 2012 )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
__________________________________________
)
UNITED STATES OF AMERICA )
)
Plaintiff, )
)
ex rel. BEN R. STOKES, )
) Civil Action No. 11-1082 (ESH)
Relator, )
) FILED UNDER SEAL PURSUANT
v. ) TO 31 U.S.C. §§ 3729 et. seq.
)
BOSTON SCIENTIFIC, et al., )
)
Defendants. )
__________________________________________)
ORDER
Upon consideration of relator’s Motion for Permission to File Redacted Complaint,
Motion to Dismiss the Complaint Without Prejudice, and Motion to Continue Seal Except as to
Redacted Complaint, Dec. 21, 2011 [Dkt. No. 5] (“Relator’s Mot.”); the United States’s
Response to Relator’s Motion for Permission to File and Unseal Redacted Complaint, Dec. 22,
2011 [Dkt. No. 6] (“Pl.’s Response”); and relator’s reply, Jan. 4, 2012 [Dkt. No. 7] (“Relator’s
Reply”); and for the reasons stated in the accompanying Memorandum Opinion [Dkt. No. 8], it is
hereby
ORDERED that, in light of plaintiff’s election not to intervene in this qui tam action (see
Notice of Election to Decline Intervention by United States of America, December 12, 2011
[Dkt. No. 4]) and plaintiff’s consent to relator’s request to dismiss this action without prejudice
(see Pl.’s Response at 1), this action is DISMISSED WITHOUT PREJUDICE; and it is further
ORDERED that relator is granted leave to file an amended complaint that redacts his
name and information which identifies him as described in his filings (see Relator’s Mot. at 8
n.4; Relator’s Reply at 1–2); and it is further
ORDERED that relator shall file his amended complaint by January 13, 2012, not under
seal; and it is further
ORDERED that the seal currently in effect is to be continued for a period of one year,
through January 7, 2013, with regard to all filings in this case except for two, both of which are
to be filed subsequently: 1) relator’s amended, redacted complaint, and 2) an amended version of
this order with relator’s name redacted; and it is further
ORDERED that the seal is to be lifted in its entirety on January 7, 2013, unless this
Court orders otherwise.
SO ORDERED.
/s/
ELLEN SEGAL HUVELLE
United States District Judge
Date: January 6, 2012