UNITED STATES' NOTICE OF INTERVENTION

ORDER

DONNA M. RYU, Magistrate Judge.

1. The United States of America, by and through its undersigned attorneys, provides this written notice to the Court that it is intervening in this action, pursuant to 31 U.S.C. § 3730(b), for the purpose of joining with the Relator, in the near future, in stipulating to dismissal of this action pursuant to a Settlement Agreement.

2. The United States, the Relator, and Defendants Adventist Health System/West, St. Helena Hospital, and St. Helena Hospital Clearlake ("Adventist"), have entered into a Settlement Agreement, which was fully executed on December 15, 2014, compromising certain civil claims against Adventist. In addition, the United States and the Relator have settled any and all claims and causes of action that the Relator may have against the United States under the False Claims Act, 31 U.S.C. § 3730(d), for a share of the United States' recovery from Adventist under the Settlement Agreement. The Relator and Adventist also have settled any and all claims and causes of action that the Relator may have against Adventist under 31 U.S.C. § 3730(d)(1) for expenses, attorneys' fees and costs.

3. The terms of the Settlement Agreement contemplate that once the Settlement Agreement takes effect and certain conditions precedent have been fulfilled, the United States and the Relator will file, pursuant to Fed. R. Civ. P. 41(a)(1), a joint stipulation of dismissal of the qui tam complaint. We anticipate filing a joint stipulation of dismissal immediately upon confirmation that Adventist has performed the conditions precedent to dismissal set forth in the Settlement Agreement. Pursuant to the Settlement Agreement, dismissal of the qui tam complaint will be with prejudice to the Relator; with respect to the United States, dismissal shall be with prejudice to the extent of the "Covered Conduct" as that term is defined in the Settlement Agreement, but otherwise without prejudice to the United States. Upon dismissal of this action in accordance with the Settlement Agreement, no other defendants or claims will remain before the Court.

4. The United States requests that the Court unseal the Relator's Complaint, filed October 29, 2010, the First Amended Complaint, filed May 23, 2011, this Notice of Intervention and accompanying proposed order, the order thereon, and any documents filed thereafter. The United States respectfully submits that all other contents of the Court's file in this matter (including, but not limited to, any applications filed by the United States for extensions of the investigation period, and any orders previously entered in this matter), should remain under seal and not be made public or served upon any defendants.

ORDER

Upon consideration of the United States' Notice of Intervention, IT IS HEREBY ORDERED that:

1. The seal shall be lifted on the Relator's Complaint, filed October 29, 2010, the First Amended Complaint, filed May 23, 2011, this Notice of Intervention and accompanying proposed order, the order thereon, and any documents filed thereafter.

2. All other contents of the Court's file in this action shall remain under seal and not made public or served upon any defendants.

IT IS SO ORDERED.