United States’ Notice of Election to Intervene in Part and to Decline to Intervene in Part — Alexandra Poole v. The Rensselaerville Institute, Inc. (Dkt. 11, N.D.N.Y.)

Summary

The United States' notice of election to intervene in part and decline in part, filed under seal on October 25, 2022 in United States of America ex rel. Alexandra Poole v. The Rensselaerville Institute, Inc. and Rodney M. Fuller, No. 21-cv-943 (MAD/ATB), in the U.S. District Court for the Northern District of New York. Under 31 U.S.C. §§ 3730(b)(2) and (4), the United States intervenes in the claim that The Rensselaerville Institute, Inc. violated the False Claims Act in applying for and receiving Paycheck Protection Program funds, and declines to intervene as to the allegations against Rodney M. Fuller. It states that it is filing a settlement agreement with the institute and the relator, to be followed by a joint partial stipulation of dismissal. It is signed by Assistant United States Attorney Adam J. Katz.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Record facts

Full text

Case 1:21-cv-00943-MAD-ATB             Document 11       Filed 10/25/22      Page 1 of 2




                       UNITED STATES DISTRICT COURT
                     NORTHERN DISTRICT OF NEW YORK
_______________________________________________
UNITED STATES OF AMERICA ex rel.                )
ALEXANDRA POOLE,                                )
                                                )
                  Plaintiff,                    )
                                                ) No. 21-cv-943 (MAD/ATB)
v.                                              )
                                                )
THE RENSSELAERVILLE INSTITUTE, INC. and         ) FILED UNDER SEAL
RODNEY M. FULLER,                               )
                                                )
                  Defendants.                   )
                                                )


         UNITED STATES’ NOTICE OF ELECTION TO INTERVENE IN PART
                  AND TO DECLINE TO INTERVENE IN PART

       Pursuant to the False Claims Act, 31 U.S.C. §§ 3730(b)(2) and (4), the United States

notifies the Court that it hereby (a) intervenes in that part of this action alleging that The

Rensselaerville Institute, Inc. (TRI) violated the False Claims Act in connection with its

application for and receipt of Paycheck Protection Program funds, and (b) declines to intervene

with respect to all allegations against Rodney M. Fuller.

       Together with this notice, the United States is filing a settlement agreement that it has

entered with TRI and the Relator. That agreement requires TRI to make payment to the United

States, after which the parties will file a joint partial stipulation of dismissal pursuant to Rule

41(a)(1) of the Federal Rules of Civil Procedure. Upon dismissal, the only claims that will remain

pending are Relator’s claims for expenses, attorneys’ fees, and costs pursuant to 31 U.S.C.

§ 3730(d), and for retaliation pursuant to 31 U.S.C. § 3730(h).

       The United States requests that the Court unseal all filings in this action except for the

documents associated with docket entries 7 and 9, which constitute the United States’ ex parte

    Case 1:21-cv-00943-MAD-ATB             Document 11       Filed 10/25/22      Page 2 of 2




applications for extensions of the seal period. These applications should 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.

       A proposed order accompanies this Notice.



                                             Respectfully submitted,

                                             CARLA B. FREEDMAN
                                             United States Attorney


                                             /s/ Adam J. Katz
                                             Adam J. Katz
                                             Assistant United States Attorney
                                             Bar Roll No. 517894

File and source

File

11.pdf

Size

147,814 bytes

SHA-256

b82d096766b032ee9b6ab4e37558678529c59b59ac5ac639c2e111eddffa539b

Our copy

11.pdf