Free Notice (Other) - District Court of Colorado - Colorado

Case 1:03-cv-02585-PSF

Document 19

Filed 11/15/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-002585-PSF-CBS UNITED STATES OF AMERICA, ex rel. KURT M. BLAIR, Plaintiff, vs. FILED IN CAMERA AND UNDER SEAL

ORTHO BIOTECH, INC., a New Jersey Corporation, ORTHO BIOTECH PRODUCTS, L.P., a New Jersey Limited Partnership, and JOHNSON & JOHNSON, a New Jersey Corporation, Defendants.

NOTICE OF THE UNITED STATES THAT IT IS NOT INTERVENING AT THIS TIME

In its last Order, dated May 12, 2005, the Court indicated that the Government must make its intervention decision on or before November 16, 2005, and that no further extensions of time would be granted. The Government's investigation has not been completed and, as such, the United States is not able to decide, as of the Court's deadline, whether to proceed with the action. Accordingly, the United States hereby notifies the Court that it is not intervening at this time. However, the Government's investigation will continue. Although the United States is not intervening at this time, it respectfully refers the Court to 31 U.S.C. § 3730(b)(1), which allows the relator to maintain the action in the name of the United States; providing, however, that the "action may be dismissed only if the court and the Attorney General give written consent to the dismissal and their reasons for consenting." Id. Therefore, the United States requests that, should either the relator or the defendant propose that

Case 1:03-cv-02585-PSF

Document 19

Filed 11/15/2005

Page 2 of 2

this action be dismissed, settled, or otherwise discontinued, this Court solicit the written consent of the United States before ruling or granting its approval. Furthermore, pursuant to 31 U.S.C. § 3730(c)(3), the United States requests that all pleadings filed in this action be served upon it; the United States also requests that orders issued by the Court be sent to the Government's counsel. The United States reserves its right to order any deposition transcripts and to intervene in this action, for good cause, at a later date. Finally, the Government requests that the relator's Complaint, this Notice, and the attached proposed Order be unsealed. The United States requests that all other papers on file in this action remain under seal because in discussing the content and extent of the United States' investigation, such papers are provided by law to the Court alone for the sole purpose of evaluating whether the seal and time for making an election to intervene should be extended. Dated: November 15, 2005

Respectfully submitted,

WILLIAM J. LEONE United States Attorney

By:/s/EDWIN G. WINSTEAD Assistant United States Attorney 1225 17th Street, Suite 700 Denver, Colorado 80202 Tel: (303) 454-0100 Fax: (303) 454-0404 [email protected]