Order Re Notice of Declination and Notice of Intervention for Settlement Purposes (Briarwood Country Club)

Summary

Order Re the United States of America's Notice of Declination as to Certain Defendants and Notice of Intervention for Settlement Purposes as to Defendant Briarwood Country Club, Inc., filed 10/31/24 as Document 15 in No. 2:22-cv-01421-ROS, United States ex rel. Wade Riner v. Recreation Centers of Sun City West, Inc., et al. The United States intervenes for settlement with respect to Briarwood Country Club, Inc., and a stipulation of dismissal is to be filed once it receives the first installment payment due on or before January 31, 2025. It declines to intervene as to 14 of the 15 Defendants named by the Relator, and the complaint is to be unsealed and served on them; the rest of the file stays under seal except this Order and the Government's notices.

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      Case 2:22-cv-01421-ROS         Document 15      Filed 10/31/24    Page 1 of 3




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                           IN THE UNITED STATES DISTRICT COURT
 7                             FOR THE DISTRICT OF ARIZONA
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     United States of America ex rel.                   No. 2:22-cv-01421-ROS
 9   Wade Riner,
                                                        ORDER RE THE UNITED STATES
10                         Plaintiff-Relator,           OF AMERICA’S NOTICE OF
                                                        DECLINATION AS TO CERTAIN
11   v.                                                 DEFENDANTS AND NOTICE OF
                                                        INTERVENTION FOR
12   Recreation Centers of Sun City West,               SETTLEMENT PURPOSES AS TO
     Inc., et al.,                                      DEFENDANT BRIARWOOD
13                                                      COUNTRY CLUB, INC.
                           Defendants.
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15          The Court having reviewed the United States’ Notice of Election to Decline

16   Intervention as to Certain Defendants (Doc. 14) pursuant to 31 U.S.C. § 3730(b)(4)(B) and

17   the United States’ Notice of Election to Intervene for Settlement Purposes as to Defendant

18   Briarwood Country Club, Inc. (Doc. 13) pursuant to 31 U.S.C. § 3730(b)(2), (3), and (4),

19   and being fully advised of the record, it is hereby

20          ORDERED AND ADJUDGED AS FOLLOWS:

21          1.      The United States has intervened in this action for the purposes of settlement

22   pursuant to 31 U.S.C. § 3730(b)(2), (3), and (4) with respect to Defendant Briarwood

23   Country Club, Inc.;

24          2.      The United States has advised that the United States and Relator will file a

25   stipulation of dismissal of their claims against Defendant Briarwood Country Club, Inc.,

26   upon the United States’ receipt of the first installment payment that is due on or before

27   January 31, 2025.

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      Case 2:22-cv-01421-ROS          Document 15       Filed 10/31/24     Page 2 of 3




 1           3.     As set forth in the United States’ Notice of Election to Decline Intervention
 2   as to Certain Defendants, the United States has declined to intervene as to the following 14
 3   of the 15 Defendants Relator has named: (1) Recreation Centers of Sun City West, Inc.; (2)
 4   The Country Club at DC Ranch; (3) DC Ranch Association, Inc.; (4) DC Ranch Community
 5   Council; (5) Flagstaff Ranch Golf Club; (6) Mirabel Gold Club, Inc.; (7) Residence Club
 6   Scottsdale at Troon North Owners’ Association; (8) Roadhaven Resort of Apache Junction;
 7   (9) Saddlebrooke Homeowners Association No. 2, Inc.; (10) Scottsdale Camelback Resort
 8   Association, Inc.; (11) Sunbird Golf Resort Homeowners Association, Inc.; (12)
 9   Tanglewood Townhouse Association, Inc.; (13) The Tonto Verde Association; (14) Tonto
10   Verde Golf Club, Inc (collectively the “14 Declined Defendants”).
11           4.     The complaint shall be unsealed and served upon the 14 Declined Defendants
12   by the Relator;
13           5.     All other contents of the Court’s file in this action will remain under seal and
14   not be made public or served upon the Defendants, except for this Order, the Government’s
15   Notice of Intervention as to Defendant Briarwood Country Club, Inc., and the Government’s
16   Notice of Election to Decline Intervention.
17          6.      The Relator will serve the Government’s Notice of Election to Decline
18   Intervention upon the defendants only after service of the complaint;
19          7.      The seal shall be lifted as to all other matters occurring in this action after the
20   date of this Order;
21          8.      The parties shall serve all pleadings and motions filed in this action,
22   including supporting memoranda, upon the United States, as provided for in 31 U.S.C. §
23   3730(c)(3). The United States may order any deposition transcripts and is entitled to
24   intervene in this action, for good cause, at any time;
25          9.      The parties shall serve all notices of appeal upon the United States;
26          10.     All orders of this Court shall be sent to the United States; and that
27          11.     Should the Relator or the defendants propose that this action be dismissed,
28   settled, or otherwise discontinued, the Court will provide the United States with notice and


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      Case 2:22-cv-01421-ROS        Document 15       Filed 10/31/24      Page 3 of 3




 1   an opportunity to be heard before ruling or granting its approval.
 2          IT IS FURTHER ORDERED this Order shall not be sealed.
 3          Dated this 31st day of October, 2024.
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                                                        Honorable Roslyn O. Silver
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