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Notice of Election to Intervene — Riner v. Recreation Centers of Sun City West (No. 2:22-cv-01421, D. Ariz.)

Summary

The United States of America's Notice of Election to Intervene for Purposes of Settlement as to Defendant Briarwood Country Club, Inc., Document 13, filed October 30, 2024, in United States of America ex rel. Wade Riner v. Recreation Centers of Sun City West, Inc., et al., No. 2:22-cv-01421-ROS, in the U.S. District Court for the District of Arizona. Under the False Claims Act, 31 U.S.C. § 3730(b)(2) and (4), the United States intervenes as to allegations that in May 2020, Briarwood Country Club submitted a false application for a Small Business Administration loan under the Paycheck Protection Program. The notice states that the parties executed a civil settlement agreement and that the United States does not presently intend to file a complaint in intervention. It requests unsealing of the relator's Complaint, the notice and a proposed Order.

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“Notice of Election to Intervene — Riner v. Recreation Centers of Sun City West (No. 2:22-cv-01421, D. Ariz.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-d-ariz-no-2-22-cv-01421-dkt-13-d-ariz-680d18ceb4/, SHA-256 ba7e296922025a6199ae659754afcb7328b81e04be112ddc16220603abfa6c1b.

Full text

      Case 2:22-cv-01421-ROS        Document 13      Filed 10/30/24     Page 1 of 2
                                                                   FILED            LODGED


 1   GARY M. RESTAINO
                                                                 Oct 30 2024
     United States Attorney                                        CLERK U.S. DISTRICT COURT
 2
     District of Arizona                                              DISTRICT OF ARIZONA

 3   ANNE E. NELSON
     Assistant U.S. Attorney
 4   Arizona State Bar No. 028069
 5   Two Renaissance Square
     40 North Central Avenue, Suite 1800
 6   Phoenix, Arizona 85004-4449
     Telephone: (602) 514-7500
 7
     Fax: (602) 514-6670
 8   Email: anne.nelson@usdoj.gov
     Attorneys for the United States
 9

10                      IN THE UNITED STATES DISTRICT COURT
                            FOR THE DISTRICT OF ARIZONA
11

12
     United States of America ex rel.                 No. 2:22-cv-01421-ROS
13   Wade Riner,
                                                      THE UNITED STATES OF
14                        Plaintiff-Relator,          AMERICA’S NOTICE OF
                                                      ELECTION TO INTERVENE FOR
15   v.                                               PUPROSES OF SETTLEMENT AS
                                                      TO DEFENDANT BRIARWOOD
16   Recreation Centers of Sun City West,             COUNTRY CLUB, INC.
     Inc., et al.,
17
                         Defendants.             [EX PARTE AND FILED UNDER SEAL]
18

19          Pursuant to the False Claims Act, 31 U.S.C. § 3730(b)(2) and (4), the United States
20   notifies the Court that it hereby intervenes for the purposes of settlement as to Defendant
21   Briarwood Country Club, Inc. Specifically, the United States intervenes with respect to
22   allegations that in May 2020, Briarwood Country Club submitted a false application to
23   obtain a Small Business Administration (“SBA”) loan under the Paycheck Protection
24   Program (“PPP”). The United States, Relator Wade Riner, and Defendant Briarwood
25   Country Club, Inc., executed a civil settlement agreement to resolve these allegations. In
26   light of the settlement agreement that has been executed, the United States does not
27   presently intend to file a complaint in intervention. Under the terms of the settlement
28   agreement, the United States and Relator will file a stipulation dismissing this action upon
      Case 2:22-cv-01421-ROS        Document 13       Filed 10/30/24     Page 2 of 2




 1   the United States’ receipt of the first installment payment from Briarwood that is due on or
 2   before January 31, 2025.
 3          Finally, the Government requests that the relator's Complaint, this Notice, the United
 4   States’ Notice of Declination as to Certain Defendants that is being contemporaneously
 5   filed, and the attached proposed Order be unsealed. The United States requests that all other
 6   papers on file in this action remain under seal because in discussing the content and extent
 7   of the United States' investigation, such papers are provided by law to the Court alone for
 8   the sole purpose of evaluating whether the seal and time for making an election to intervene
 9   should be extended.
10          RESPECTFULLY SUBMITTED October 30, 2024.
11                                              GARY M. RESTAINO
                                                United States Attorney
12                                              District of Arizona
                                                                       Digitally signed by ANNE
13                                                                     NELSON
                                                                       Date: 2024.10.30 12:30:08
14                                                                     -07'00'
                                                ANNE E. NELSON
15                                              Assistant United States Attorney
                                                Attorneys for the United States
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