United States of America et al v. North East Medical Services
Filing
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ORDER Granting 18 Amended Notice of Election to Intervene. Signed by Judge Claudia Wilken on 8/10/2012. (ndr, COURT STAFF) (Filed on 8/10/2012)
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1 STUART F. DELERY
Acting Assistant Attorney General
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MELINDA HAAG
3 United States Attorney
JOANN M. SWANSON, CSBN 88143
4 Assistant United States Attorney
Chief, Civil Division
5 ILA C. DEISS, NY SBN 3052909
Assistant United States Attorney
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450 Golden Gate Avenue, Box 36055
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San Francisco, California 94102
Telephone: (415) 436-7124
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Fax: (415) 436-7169
ila.deiss@usdoj.gov
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DANIEL ANDERSON
10 EDWARD CROOKE
Attorneys, Civil Division
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U.S. Department of Justice
P.O. Box 261, Ben Franklin Station
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Washington, D.C. 20044
Telephone: (202) 514-7371
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Attorneys for the United States of America
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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UNITED STATES OF AMERICA and the )
18 STATE OF CALIFORNIA, ex rel. LOI
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No. CV 10-1904 CW
TRINH and ED TA-CHIANG HSU,
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Plaintiffs
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UNITED STATES’ AMENDED
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NOTICE OF ELECTION TO
v.
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INTERVENE; [PROPOSED]
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AMENDED ORDER
NORTH EAST MEDICAL SERVICES,
)
22 INC., and DOES 1 through 100 inclusive,
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)
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Defendants.
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On August 2, 2012, pursuant to the False Claims Act, 31 U.S.C. § 3730(b)(2) and (4), the
26 United States notified the Court that it intervened and intended to proceed with this action. The
27 Government incorrectly requested the unsealing of an Amended Complaint, rather than the May
28 2010 Complaint. There is no Amended Complaint. Thus, the Government requests that the
U.S. AMENDED NOTICE OF ELECTION TO INTERVENE
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1 relators' Complaint, the Notice, and this Amended Notice, and the attached proposed Amended
2 Order be unsealed. The United States requests that all other papers on file in this action remain
3 under seal because in discussing the content and extent of the United States' investigation, such
4 papers are provided by law to the Court alone for the sole purpose of evaluating whether the seal
5 and time for making an election to intervene should be extended.
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The United States reserves the right to seek the dismissal of the relators' action or claim, at
7 the appropriate time, under 31 U.S.C. § 3730(e)(4), on the ground that substantially the same
8 allegations or transactions as alleged in the action or claim were publicly disclosed and that the
9 relator does not qualify as an original source.
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11 Dated: August 8, 2012
Respectfully submitted,
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STUART F. DELERY
Acting Assistant Attorney General
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MELINDA HAAG
United States Attorney
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By:
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__________/s/________________
ILA C. DEISS
Assistant United States Attorney
Attorneys for the United States of America
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U.S. AMENDED NOTICE OF ELECTION TO INTERVENE
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[PROPOSED] ORDER
The United States having intervened in this action, pursuant to the False Claims Act, 31
3 U.S.C. § 3730(b)(4), the Court rules as follows:
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IT IS ORDERED that,
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1.
the relators' Complaint, the Government's Notice of Intervention and Order, the
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Government’s Amended Notice of Intervention and the Amended Order be
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unsealed;
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2.
the United States serve its Complaint upon defendant, together with this Order, by
November 29, 2012;
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3.
all other papers or Orders on file in this matter shall remain under seal; and
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4.
the seal shall be lifted on all matters occurring in this action after the date of this
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Order.
14 IT IS SO ORDERED,
August
10th
15 This ___ day of _________________, 2012.
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_________________________________
HONORABLE CLAUDIA WILKEN
United States District Judge
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U.S. AMENDED NOTICE OF ELECTION TO INTERVENE
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