The United States of America’s Notice of Election to Intervene for Purposes of Settlement — No. 1:22-cv-00028 (Dkt. 34, W.D. Mich.)

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The United States' notice of election to intervene for purposes of settlement, filed March 3, 2023 in United States ex rel. Mackinac Center for Public Policy v. Michigan Education Association, et al., Case No. 1:22-cv-00028, in the U.S. District Court for the Western District of Michigan. Under the False Claims Act, 31 U.S.C. § 3730(b)(2) and (4), the United States intervenes in the action for purposes of settlement. The notice states that the parties executed civil settlement agreements on March 1, 2023, and that the United States and the relator will file a joint stipulation of dismissal upon receipt of the settlement payments.

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Case 1:22-cv-00028-HYJ-PJG ECF No. 34, PagelD.522 Filed 03/03/23 Page 1 of 3

UNITED STATES DISTRICT COURT FILED -GR
WESTERN DISTRICT OF MICHIGAN March 3, 2023 11:42 AM
SOUTHERN DIVISION CLERK OF COURT
U.S. DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
BY:JMW SCANNED BY: J /27)
UNITED STATES OF AMERICA, ex rel.
MACKINAC CENTER FOR PUBLIC
POLICY,
Case No. 1:22-cv-00028
Plaintiff,
Hon. Hala Y. Jarbou
Vv. Chief United States District Judge
MICHIGAN EDUCATION FILED EX PARTE AND
ASSOCIATION, et al., UNDER SEAL
Defendants.

THE UNITED STATES OF AMERICA’S NOTICE OF
ELECTION TO INTERVENE FOR PURPOSES OF SETTLEMENT

Pursuant to the False Claims Act (“FCA”), 31 U.S.C. § 3730(b)(2) and (4), the
United States notifies the Court that it hereby intervenes in this action for purposes
of settlement. On March 1, 2023, the parties executed civil settlement agreements
to resolve this qui tam action under the FCA. Under the terms of the settlement
agreements, the United States and Relator will file a joint stipulation dismissing
this case upon the Government’s receipt of settlement payments that are due
fourteen days from execution of the settlement agreements.

The United States respectfully requests that under 31 U.S.C. § 3730(b), the
Court lift the seal as to Relator’s complaint and as to all other contents of the Court

file except for the following four in camera submissions supporting the United

Case 1:22-cv-00028-HYJ-PJG ECF No. 34, PagelD.523 Filed 03/03/23 Page 2 of 3

States’ requests for extensions of the intervention deadline and partial lifting of the

seal:

Memorandum of Law in Support of the United States of America’s Ex Parte
Application for a One-Hundred-and-Eighty-Day Extension of Time To
Consider Election To Intervene (June 1, 2022)!;

Memorandum of Law in Support of the United States of America’s Ex Parte
Application for Partial Lifting of the Seal (June 8, 2022);

Memorandum of Law in Support of the United States of America’s Ex Parte
Application for an Additional Forty-Five-Day Extension of Time To Consider
Election To Intervene (November 30, 2022); and

Memorandum of Law in Support of the United States of America’s Ex Parte

Application for an Additional Ninety-Day Extension of Time To Consider
Election To Intervene (January 12, 2023).

In discussing the content and extent of the United States’ non-public

investigation, including its methods and thought processes for assessing and

investigating Relator’s allegations, the submissions identified above were provided

under 31 U.S.C. § 3730(b)(3) to the Court alone for the sole purpose of evaluating

whether the seal and time for making an election to intervene should be extended.

See id. §§ 3730(b)(2)-(3) (providing only for unsealing of the in camera complaint).

A proposed order accompanies this notice.

1 Because the United States does not have access to the electronic docket in sealed cases, it cannot
cite these pleadings in accordance with Administrative Order 16-MS-017.

2

Case 1:22-cv-00028-HYJ-PJG ECF No. 34, PagelD.524 Filed 03/03/23 Page 3 of 3

Dated: March 38, 2023

Respectfully submitted,

MARK A. TOTTEN
United States Attorney

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ANDREW J.HULL ~~
Assistant United States Attorney
U.S. Attorney’s Office

Western District of Michigan
P.O. Box 508

Grand Rapids, MI 49503

Tel: (616) 808-2045

E-mail: Andrew.Hull@usdo}.gov

BRIAN M. BOYNTON
Principal Deputy Assistant Attorney
General, Civil Division

JAMIE ANN YAVELBERG
ALLISON CENDALI

EVAN J. BALLAN

Attorneys, Civil Division

United States Department of Justice
P.O. Box 261, Ben Franklin Station
Washington, DC 20044

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