USA ex rel Mark Christopher Tracy, No. 2:2014cv00701 - Document 66 (D. Utah 2015)

Court Description: MEMORANDUM DECISION AND ORDER denying without prejudice 50 Motion to Strike sealed second amended complaint; denying without prejudice 52 Motion to Strike sealed second amended complaint; denying without prejudice 61 Motion for Leave to File sealed second amended complaint. Signed by Magistrate Judge Paul M. Warner on 10/13/15 (alt)

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USA ex rel Mark Christopher Tracy Doc. 66 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION UNITED STATES OF AMERICA ex rel. MARK CHRISTOPHER TRACY, MEMORANDUM DECISION AND ORDER Plaintiff, Case No. 2:14cv00701-JNP-PMW v. EMIGRATION IMPROVEMENT DISTRICT, a Utah Special Service District, ET AL. District Judge Jill N. Parrish Magistrate Judge Paul M. Warner Defendants. Before the court is qui tam relator Mark Christopher Tracy’s (“Plaintiff”) motion for leave to file the sealed second amended complaint,1 and two motions to strike the sealed second amended complaint.2 A complaint brought by a private person under the False Claims Act “shall be filed in camera, shall remain under seal for at least 60 days, and shall not be served on the defendant until the court so orders.” 31 U.S.C. § 3730(b)(2). On August 18, 2015, the court granted Plaintiff leave to file its second amended complaint under seal and in camera pursuant to the statute.3 Plaintiff has not yet moved for leave to unseal the proposed second amended complaint, and Plaintiff’s motion for 1 Docket no. 61. 2 Docket nos. 50 and 52. 3 Docket no. 42. Dockets.Justia.com leave to file the second amended complaint is premature. Similarly, defendants’ motion to strike the sealed second amended complaint is premature. Upon completion of the statutory period and requirements, Plaintiff may bring a motion to unseal the complaint and for leave to file the unsealed second amended complaint, and parties opposing amendment may file an opposition at that time. Depending on the outcome of the motion, the court may rule on the pending motions to dismiss the first amended complaint or determine that those motions are moot. Accordingly, Plaintiff’s motion for leave to file the sealed second amended complaint4 is DENIED without prejudice. The motions to strike the sealed second amended complaint5 are DENIED without prejudice.6 IT IS SO ORDERED. DATED this 13th day of October, 2015. BY THE COURT: PAUL M. WARNER United States Magistrate Judge 4 Docket no. 61. 5 Docket nos. 50 and 52. 6 Docket no. 50. 2

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