December 20, 2012
UNITED STATES OF AMERICA AND THE STATES OF ARKANSAS, CALIFORNIA, DELAWARE, DISTRICT OF COLUMBIA,
FLORIDA, GEORGIA, HAWAII, RE GOVERNMENT'S ILLINOIS, INDIANA, LOUISIANA, ELECTION TO DECLINE MASSACHUSETTS, MICHIGAN, MONTANA, INTERVENTION NEVADA, NEW HAMPSHIRE, NEW JERSEY, NEW MEXICO, NEW YORK, OKLAHOMA, RHODE ISLAND, TENNESSEE, TEXAS, VIRGINIA, AND [FILED UNDER SEAL] WISCONSIN EX REL. FRANK SOLIS, PLAINTIFFS,
MILLENNIUM PHARMACEUTICALS, INC., SCHERING-PLOUGH CORP., DEFENDANTS.
The opinion of the court was delivered by: Morrison C. England, Jr., Chief Judge United States District Court
The United States having declined to intervene in this action pursuant to the False Claims Act, 31 U.S.C. § 3730(b)(4)(B), the Court rules as follows:
1. The complaint be unsealed and served upon the defendant by the relator;
2. All other contents of the Court's file in this action remain under seal and not be made public or served upon the defendant, except for this Order and The Government's Notice of Election to Decline Intervention, which the relator will serve upon the defendant only after service of the complaint;
3. The seal 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 is entitled to intervene in this action, for good cause, at any time;
5. The parties shall serve all notices of appeal upon the United States;
6. All orders of this Court shall be sent to the United States; and that
7. Should the relator or the defendant propose that this action be dismissed, settled, or otherwise discontinued, the Court will provide the United States with notice and an opportunity to be heard before ruling or granting its approval.
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