The Government's Notice of Election to Decline Intervention, Case 1:21-cv-00008-MJT, Document 13

Summary

The United States' notice, filed 01/18/22 in the Eastern District of Texas, Beaumont Division, in United States ex rel. Brook Jackson v. Ventavia Research Group, LLC, Pfizer, Inc. and ICON, PLC, Civil Action No. 1:21-cv-00008, declining to intervene in the False Claims Act suit. The government notes that the relator may continue the action in its name, but asks the Court to obtain the Attorney General's written consent before any dismissal or settlement. It asks to be served with all pleadings and notices of appeal and reserves the right to intervene later for good cause. It also asks that the relator's complaint and this notice be unsealed while other filings stay under seal. The notice is signed by Assistant United States Attorney Michael W. Lockhart for Acting Assistant Attorney General Brian M. Boynton and U.S. Attorney Brit Featherston.

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Case 1:21-cv-00008-MJT Document 13 Filed 01/18/22 Page 1 of 3 PageID #: 687

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION

UNITED STATES OF AMERICA, )
ex. rel. Brook Jackson, )
)
Plaintiffs, ) Civil Action No. 1:21-cv-00008
)
v. ) FILED UNDER SEAL
) (Pursuant to 31 U.S.C. § 3730(b))
VENTAVIA RESEARCH GROUP, LLC; )
PFIZER, INC.; ICON, PLC, )
)
Defendants. )

THE GOVERNMENT'S NOTICE OF ELECTION TO
DECLINE INTERVENTION

Pursuant to the False Claims Act, 31 U.S.C. § 3730(b)(4)(B), the United States notifies

the Court of its decision not to intervene in this action.

Although the United States declines to intervene, we respectfully refer the Court to 31

U.S.C. § 3730(b)(1), which allows the relator to maintain the action in the name of the United

States; providing, however, that the “action may be dismissed only if the court and the Attorney

General give written consent to the dismissal and their reasons for consenting.” Id. Therefore,

the United States requests that, should either the relator or the defendants propose that this action

be dismissed, settled, or otherwise discontinued, this Court solicit the written consent of the

United States before ruling or granting its approval.

Furthermore, pursuant to 31 U.S.C. § 3730(c)(3), the United States requests that all

pleadings filed in this action be served upon the United States; the United States also requests

that orders issued by the Court be sent to the Government’s counsel. The United States reserves

its right to order any deposition transcripts, to intervene in this action, for good cause, at a later
Case 1:21-cv-00008-MJT Document 13 Filed 01/18/22 Page 2 of 3 PageID #: 688

date, and to seek the dismissal of the relator’s action or claim. The United States also requests

that it be served with all notices of appeal.

Finally, the Government requests that the relator’s Complaint, this Notice, and the

attached proposed Order be unsealed. The United States requests that all other papers on file in

this action remain under seal because in discussing the content and extent of the United States’

investigation, such papers are 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 accompanies this notice.

Respectfully submitted,

BRIAN M. BOYNTON
Acting Assistant Attorney General

BRIT FEATHERSTON
United States Attorney
Eastern District of Texas

/s/ Michael W. Lockhart
MICHAEL W. LOCKHART
Assistant United States Attorney
Texas Bar No. 12472200
550 Fannin, Suite 1250
Beaumont, TX 77701
Tel: (409) 839-2538
Fax: (409) 839-2643
Email: USATXE.CivECFBmt@usdoj.gov

ANDY J. MAO
HOLLY H. SNOW
Attorneys, Civil Division
United States Department of Justice
175 N Street, N.E.
Washington, DC 20002
E-mail: Holly.H.Snow@usdoj.gov

2
Case 1:21-cv-00008-MJT Document 13 Filed 01/18/22 Page 3 of 3 PageID #: 689

(202) 616-2879
(202) 305-7797 (fax)

ATTORNEYS FOR THE
UNITED STATES OF AMERICA

CERTIFICATE OF SERVICE

I hereby certify on this 18th day of January 2022, I caused copies of The Government's Notice of
Election to Decline Intervention and proposed order, to be served by electronic mail on:

Robert E Barnes
Barnes Law
700 S. Flower Street, Suite 1000
Los Angeles, CA 90017

Because this action is under seal pursuant to 31 U.S.C. §§ 3729-3733, Defendants have not been
served with copies of the foregoing documents.

/s/ Michael W. Lockhart
MICHAEL W. LOCKHART

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