The Government’s Notice of Election to Intervene in Part and to Decline to Intervene in Part — No. 1:22-cv-02171 (Dkt. 13, N.D. Ohio)
Summary
The government's notice of election to intervene in part and to decline to intervene in part, filed under seal May 6, 2025 as Doc. 13 in United States of America ex rel. Alexander Novik v. Cosmax BITI, Inc., et al., Case No. 1:22-cv-2171, U.S. District Court for the Northern District of Ohio, Eastern Division, before Judge Bridget Meehan Brennan. Under the False Claims Act, 31 U.S.C. § 3730(b)(2) and (4), the United States intervenes for purposes of settlement as to claims against Cosmax USA, Corporation d/b/a Nu-World and Nu-World Corporation, and declines to intervene as to the remaining parts of the action and defendants. It asks that the seal be lifted on the relator's complaint and amended complaint, the notice and the attached proposed order, while all other papers, submitted under § 3730(b)(3) to the court alone about the government's investigation, remain sealed.
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Case: 1:22-cv-02171-BMB Doc #: 13 Filed: 05/06/25 1 of 2. PagelD #: 136 FILED MAY 06 2025 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO NORTHERN Dist eT COURT EASTERN DIVISION ND UNITED STATES OF AMERICA, ex rel. ) CASE NO: 1:22-cv-2171 ALEXANDER NOVIK, ) ) JUDGE BRIDGET MEEHAN BRENNAN Plaintiff-Relator, ) oe v. ) THE GOVERNMENT’S NOTICE OF ) ELECTION TO INTERVENE COSMAX BITI, INC, et al., ) IN PART AND TO DECLINE ) TOINTERVENE IN PART Defendants. ) ) FILED UNDER SEAL Pursuant to the False Claims Act, 31 U.S.C. § 3730(b)(2) and (4), the United States respectfully notifies the Court of its decision to intervene in part of this action, for the purpose of settlement, with respect to claims against Defendants Cosmax USA, Corporation d/b/a Nu- World and Nu-World Corporation (“Cosmax USA”) and Nu-World Corporation (“Nu- World”) (collectively, “Defendants”), and declines to intervene as to the remaining parts of this action and. | defendants. The Government also requests that, as provided under 31 U.S.C. § 3730(b), the seal be lifted as to the relator’s Complaint, relator’s Amended Complaint, this Notice, and the attached proposed Order. 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’ non-public investigation, including methods and thought processes for assessing relator’s allegations, these submissions were provided under § 3730(b)(3) to the Court alone for the sole purpose of evaluating whether the seal and time for making an election to intervene should be extended. See id. 3730(b)(2)-(3) (providing only for unsealing of the in camera complaint). Case: 1:22-cv-02171-BMB Doc #: 13 Filed: 05/06/25 2 of 2. PagelD #: 137 A proposed order accompanies this notice. Respectfully submitted, CAROL M. SKUTNIK Acting United States Attorney JACKSON FROLIKLONG (Og: 1613008) - Assistant United States Attorney - United States Court House 801 West Superior Avenue, Suite 400 Cleveland, OH 44113 (216) 622-3818 YAAKOV M. ROTH Acting Assistant Attorney General Civil Division JAMIE A. YAVELBERG — COLIN M. HUNTLEY GRAHAM D. WELCH Attorneys, Civil Division Commercial Litigation Branch Post Office Box 261 Ben Franklin Station Washington, D.C. 20044 (202) 307-0199
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