Order — United States ex rel. GNGH2 Inc. v. Zetton Inc.

Summary

Order in the matter of United States of America ex rel. GNGH2 Inc., Plaintiff, against Zetton Inc., et al., Defendants, in the Southern District of New York, stating that the United States has declined to intervene under the False Claims Act with respect to the claims raised in the Complaint filed by the relator. It orders that the Complaint shall be unsealed thirty days after entry of the Order and that service on the defendants by the relator is authorized as of that date unless the relator has moved to dismiss. All other documents filed before the Order remain under seal, except the Complaint, the Order, and the Government's Notice of Decision to Decline Intervention. The relator must solicit the written consent of the Government before proposing dismissal.

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Case 1:22-cv-01356-PGG Document2_ Filed 10/04/24 Page1of2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA ex rel.
GNGH2 INC.,

Plaintiff,
22 Civ. 1356 (PGG)
v.
UNDER SEAL
ZETTON INC., et al.,

Defendants.

ORDER

The United States of America having now declined to intervene pursuant to the False
Claims Act, 31 U.S.C. § 3730(b)(4)(B), with respect to the claims raised in the Complaint filed by
the relator in the above-captioned action;

IT IS ORDERED THAT,

1. The Complaint shall be unsealed thirty days after entry of this Order and, in the
event that the relator has not moved to dismiss this action, service upon the defendants by the
relator is authorized as of that date. If the relator voluntarily dismisses the complaint pursuant to
Rule 41(a)(1) of the Federal Rules of Civil Procedure within this thirty-day period, the relator may
seek to modify this Order with the consent of the United States or by motion on notice to the United
States.

2. All documents filed in this action prior to the entry of this Order shall remain under
seal and not be made public, except for, thirty days after entry of this Order, the Complaint, this
Order, and the Government’s Notice of Decision to Decline Intervention (the “Notice of
Decision”). The relator will serve upon the defendants this Order and the Notice of Decision only

after service of the Complaint.
Case 1:22-cv-01356-PGG Document2_ Filed 10/04/24 Page 2of2

3. Upon the unsealing of the Complaint, the seal shall be lifted as to all matters
occurring in this action subsequent to the date of this Order.

4. The parties shall serve all pleadings, motions, and notices of appeal filed in this
matter, including supporting memoranda, upon the Government. The Government may order any
transcripts of depositions. The United States may seek to intervene with respect to the allegations

in the relator’s complaint, for good cause, at any time, or may seek dismissal of this action after

intervention.

5. All further orders of this Court in this matter shall be sent to the Government by the
relator.

6. Should the relator propose that this action or any of its allegations be dismissed,

settled or otherwise discontinued, the relator must solicit the written consent of the Government
before applying for Court approval.
Dated: New York, New York

April] , 2024

SO ORDERED:

Muh) Apnebonth
HONORABLE PAUL G.\GARDEPHE
UNITED STATES DISTRICT JUDGE

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