UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
May 25, 2011
UNITED STATES OF AMERICA, AND THE STATES OF CALIFORNIA, EX REL. DEREK HOGGETT AND TAVIS GOOD,
UNIVERSITY OF PHOENIX, APOLLO GROUP, INC., AND DOES 1 THROUGH 100, INCLUSIVE,
The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge
BENJAMIN B. WAGNER United States Attorney CATHERINE J. SWANN Assistant United States Attorney 501 I Street, 10th Floor Sacramento, California 95814 Telephone: (916) 554-2762 Fax: (916) 554-2900 JAY MAJORS Department of Justice Civil Division Commercial Litigation Branch P. O. Box 261 Benjamin Franklin Station Washington, D.C. 20044 Telephone: (202) 514-6831 Fax: (202) 514-0280 Attorneys for the United States of America
The United States having declined to intervene in this action pursuant to the False Claims Act, 31 U.S.C. § 3730(b)(2)(A), the Court rules as follows:
1. The Complaint shall be unsealed and served upon the defendants by the relator;
2. All other contents of the Court's file in this action shall remain under seal and not be made public or served upon the defendant, except for this Order and the Notice of Election to Decline Intervention, which the relator shall also serve upon the defendants;
3. The seal shall be lifted as to all other matters occurring in this action after the date of this Order;
4. The parties shall serve all pleadings and motions filed in this action, including supporting memoranda, upon the United States, as provided for in 31 U.S.C. § 3730(c)(3). The United States may order any deposition transcripts and may seek to intervene in this action, for good cause, at any time;
5. All orders of this Court shall be sent to the United States;
6. Should the relator or the defendants propose that this action be dismissed, settled, or otherwise discontinued, the relator shall provide the United States with notice and an opportunity to be heard before the Court rules or grants its approval.
IT IS SO ORDERED.
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