United States’ Notice of Intervention for Purposes of Settlement — No. 1:24-cv-00935 (Dkt. 10, W.D.N.Y.)

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The United States' notice of intervention for purposes of settlement, filed under seal October 1, 2025 in United States ex rel. Aidan Forsyth v. 3rd Avenue Transit, Inc. and Y&M Transit Corp., 24-CV-00935-JLS, in the U.S. District Court for the Western District of New York. It states that the United States, the relator and the defendants have reached a settlement agreement resolving claims under the False Claims Act, 31 U.S.C. § 3729 et seq. Under 31 U.S.C. §§ 3730(b)(2) and (4), the United States advises the court of its decision to intervene to effectuate the settlement.

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Case 1:24-cv-00935-JLS Document10 _ Filed 10/01/25 Pagelof2

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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF NEW YORK ( OCT 01-2025

UNITED STATES OF AMERICA,
ex rel. AIDAN FORSYTH,

Plaintiff, 24-CV-00935-JLS
v. UNDER SEAL

38RD AVENUE TRANSIT, INC. and
Y&M TRANSIT CORP.,

Defendants.

UNITED STATES’ NOTICE OF INTERVENTION
FOR PURPOSES OF SETTLEMENT

The United States of America (“United States”), Relator Aidan Forsyth, and
Defendants 3™4 Avenue Transit, Inc. and Y&M Transit Corp., have reached an
agreement to resolve claims arising under the False Claims Act, 31 U.S.C. § 3729 et
seq., pursuant to a settlement agreement (the “Settlement Agreement”). Pursuant to
31 U.S.C. §§ 3730(b)(2) and (4), and for the purpose of effectuating and formalizing
the resolution under the Settlement Agreement, the United States respectfully
advises the Court of its decision to intervene in this action for the purposes of
settlement.

The United States does not presently intend to file a Complaint in Intervention
but reserves the right to file such a Complaint in the event that 3" Avenue Transit,
Inc. and Y&M Transit Corp. do not pay the full settlement amount consistent with
the terms of the Settlement Agreement. Under the terms and conditions of the

Settlement Agreement, the United States and Relator will jointly file a Notice of


Case 1:24-cv-00935-JLS Document10 Filed 10/01/25 Page 2of2

Dismissal of the Civil Action pursuant to Rule 41(a)(1) of the Federal Rules of Civil
Procedure following receipt of the payment due pursuant to the Settlement
Agreement.

The United States understands that, following its intervention in this action,
the seal on the case will be lifted. However, the United States respectfully requests
that the Court order the sealing of the United States’ motions to extend time to
consider intervention, along with the supporting memoranda of law. The United
States requests that such papers remain under seal because they discuss the content
and extent of the United States’ investigation and were 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 is submitted herewith.

Respectfully submitted,

MICHAEL DIGIACOMO
United States Attorney

DATED: September 29, 2025 BY: s/Jonathan W. Ferris
AT: Buffalo, New York Assistant United States Attorney
Western District of New York
100 State Street, Suite 500
Rochester, New York 14614
(585) 399-3962
Jonathan.ferris@usdoj.gov

Attorneys for the United States

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