Pandemic Darlings The pandemic economy, in original documents
Home Notice of Election to Intervene — Topy America, Inc. (E.D. Ky.)Search ⌕

Notice of Election to Intervene — Topy America, Inc. (E.D. Ky.)

Summary

The United States' notice of election to intervene, filed under seal March 14, 2025 as Doc 15 in United States of America ex rel. GNGH2 Inc. v. Topy America, Inc., Civil Action No. 3:24-cv-00003-GFVT, in the U.S. District Court for the Eastern District of Kentucky. Under 31 U.S.C. § 3730(b)(2) and (4), the government elects to intervene in the qui tam action for settlement purposes and states that the parties have reached an agreement-in-principle. It states that the parties intend to file a joint stipulation of dismissal within 90 days following execution of a final written settlement agreement. The notice asks that the seal be lifted as to the relator's complaint and the court file, except the in camera government motions it lists to extend the intervention deadline and seal period and to partially lift the seal. A proposed order accompanies it.

Summary drafted by a model from the text of the original file linked on this page and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Notice of Election to Intervene — Topy America, Inc. (E.D. Ky.).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-3-24-cv-00003-dkt-15-e-d-ky-8a0b403f7e/, SHA-256 5d8c800f54f340f277471e7758e59657ce9862951a1080c78f86f11f9697deaf.

Full text

 Case: 3:24-cv-00003-GFVT           Doc #: 15     Filed: 03/14/25     Page: 1 of 3 - Page ID#: 63




                             UNITED STATES DISTRICT COURT Eastern District d
                       FOR THE EASTERN DISTRICT OF KENTUCKY FELED
                               CENTRAL DIVISION
                                  FRANKFORT

FILBD UNDER SEAL

Civil Action No. 3:24-CV"00003-GFVT

United States of America ex reL
GNGH2                              Inc./               Plaintiff/


V.




Topy America, Inc./ Defendant.



                  THE GOVERNMENT'S NOTICE OF ELECTION TO INTERVENE




       Pursuant to the False Claims Act/ 31 U.S.C. § 3730(b)(2) and (4)/ the United States

notifies the Court of its election to intervene in this qui tam action for settlement purposes.


The parties have reached an agreemenfc-m-principle to resolve the intervened allegations.


The parties intend to file a joint sdpulation of dismissal within 90 days/ followmg execution

of a final written settlement agreement


       The Government requests that/ as provided under 31 U.S.C. § 3730(b)/ the seal be

lifted as to die relator's complaint/ this Notice/ and as to all other contents of die Court file


except for the following m camera submissions supporting the United States' requests for


extension of the intervention deadline/ extension of the seal period/ and partial lift of the

seal: Record No. 6 (United States' Ex Pnrte Motion for Extension of Intervention Deadline


and Seal Period/ Memorandum In Support/ and Proposed Order; filed March 18, 2024);
 Case: 3:24-cv-00003-GFVT            Doc #: 15      Filed: 03/14/25      Page: 2 of 3 - Page ID#: 64




Record No. 8 (United States' Ex Parte Motion for a Partial Lift of Seal and Memorandum in

Support/ and Proposed Order; filed June 17,2024); Record No. 10 (United States' Ex Parte

Motion for Extension of Intervention Deadline and Seal Period/ Memorandum In Support/


and Proposed Order; filed September 17,2024); Record No. 12 (United States' Ex Parte

Motion for a Partial Lift of the Seal/ Memorandum In Support/ and Proposed Order; filed

January 29, 2025) .1 In discussing the content and extent of the United States' non-public

investigation/ including methods and thought processes for assessing relator s allegations/


these submissions were provided under g 3730(b)(3) to die Court alone for die purposes of

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


extended or whether the seal should be partially lifted for limited purposes. See id.

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

       A proposed order accompanies this Notice.




                                               Respectfully submitted/

                                               PAUL C. McCAFPREY
                                               Acting United States Attorney



DATED: March 14,2025 By: / /jOZ^^a^^
                       Megha^n Slfujbblebin^
                                               Assistant United State<Attomey
                                               Eastern Dish'ict of Kentucky


1 The docket numbers for the referenced motions are based on the United States' internal recordkeeping
because the docket sheet is sealed. The United States requests that the referenced motions/ memoranda in
support of the motions/ and proposed orders remain sealed/ regardless of any inacan'ately cited docket
numbers.
Case: 3:24-cv-00003-GFVT   Doc #: 15   Filed: 03/14/25      Page: 3 of 3 - Page ID#: 65




                                   260 West Vine Street/ Suite 300
                                   Lexmgton/ Kenhicky 40507
                                   (859) 233-2661
                                   Meghan.Stubblebine@usdoj. gov

                                   Counsel for tJie United States of America

File and source

File
15-settlement.pdf
Size
79,094 bytes
SHA-256
5d8c800f54f340f277471e7758e59657ce9862951a1080c78f86f11f9697deaf
Our copy
15-settlement.pdf
Original
archive.org
Back to top