United States’ Notice of Election to Intervene in Part for Purposes of Settlement and to Decline to Intervene in Part and Motion to Unseal; [Proposed Order] — No. 4:20-cv-06451 (Dkt. 20, N.D. Cal.)
Summary
The United States' notice of election to intervene in part for purposes of settlement and to decline to intervene in part, filed under seal January 30, 2023 as Document 20 in United States of America ex rel. Bryan Quesenberry v. Bay Wire, Inc. et al., Case No. 20-cv-6451-YGR, U.S. District Court for the Northern District of California. Under 31 U.S.C. § 3730(b)(2) and (4), the United States intervenes as to allegations that La Baguette, LLC, Priority Acquisitions, Inc. and Dynamic Integrated Solutions, Inc. violated the False Claims Act by applying for and receiving two Paycheck Protection Program loans in 2020 as they certified they would receive only one before December 31, 2020, and states it has reached settlements with them. It asks that the complaint, the notice and the proposed order be unsealed and other papers remain sealed.
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Case
Case
3:23-cv-99999
4:20-cv-06451-YGR
Document 16
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*SEALED*
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01/30/23
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1 BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
2 STEPHANIE M. HINDS (CABN 154284)
United States Attorney
3 MICHELLE LO (NYRN 4325163)
Chief, Civil Division
4 MICHAEL T. PYLE (CABN 172954)
Assistant United States Attorney
5 150 Almaden Boulevard, Suite 900
San Jose, California 95113
6 Telephone: (408) 535-5087
Email: michael.t.pyle@usdoj.gov
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JAMIE ANN YAVELBERG
8 COLIN M. HUNTLEY
JARED S. WIESNER
9 Trial Attorneys, Civil Division
United States Department of Justice
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P.O. Box 261, Ben Franklin Station
11 Washington, D.C. 20044
Telephone: (202) 353-1274
12 jared.s.wiesner2@usdoj.gov
13 Attorneys for the United States of America
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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17 UNITED STATES OF AMERICA ex rel. ) Case No. 20-cv-6451-YGR
BRYAN QUESENBERRY, )
18 )
Plaintiffs, ) UNITED STATES’ NOTICE OF ELECTION TO
19 ) INTERVENE IN PART FOR PURPOSES OF
v. ) SETTLEMENT AND TO DECLINE TO
20 ) INTERVENE IN PART AND MOTION TO
BAY WIRE, INC. et al., ) UNSEAL; [PROPOSED ORDER]
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Defendants. ) FILED UNDER SEAL
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)
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24 Pursuant to the False Claims Act, 31 U.S.C. § 3730(b)(2) and (4), the United States notifies the
25 Court of its decision to intervene in part of this action and to decline to intervene in part of this action.
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The United States intervenes in that part of the action which alleges that defendants La Baguette, LLC;
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Priority Acquisitions, Inc.; and Dynamic Integrated Solutions, Inc. (collectively, the “Settling
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1 Defendants”), violated the False Claims Act (“FCA”), 31 U.S.C. § 3729 et seq., when they applied for
2 and received two Paycheck Protection Program (“PPP”) loans in 2020, as the Settling Defendants
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certified they would only receive one PPP loan prior to December 31, 2020. The United States has
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reached settlements with the Settling Defendants.
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The United States declines to intervene as to all other defendants, specifically: Bay Wire, Inc.;
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Big Dog Construction; Fillmore Street Restaurant Partners, LP; G Family, Inc.; Gio Cha Duc Huong
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8 Corporation; Inforworks.IO, Inc.; Iwamotoscott Architecture, LLP; Karp Capital Management
9 Corporation; Laboratory Family Services, Inc.; Lark Avenue Car Wash; Lightning Motors Corporation;
10 M5 Partners, Inc.; Maleko Business Services; Mas Mac, Inc.; MG-Hila, LLC; My Chevrolet, Inc.;
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Onepacs, LLC; Orton Entertainment, LLC; Poke House, Inc.; Qotient, Inc.; Radeff Design Studios;
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Redwood Services, Inc.; Roots Community Health Center; SCC at Home, LLC; Sweet Things; The
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Independent, LLC; The Roman Catholic Welfare Corporation of Oakland; TKK, LLC; and Treeline
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15 Security. Based on discussions with relator, undersigned counsel anticipates that the relator will
16 voluntarily dismiss all claims as to the Non-Settling Defendants in the near term. If relator dismisses
17 Non-Settling Defendants the United States will consent to dismissal.
18 Finally, the United States requests that the relator’s Complaint, this Notice, and the attached
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proposed Order be unsealed. The United States requests that all other papers on file in this action
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remain under seal because in discussing the content and extent of the United States’ investigation, such
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papers are provided by law to the Court alone for the sole purpose of evaluating whether the seal and
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23 time for making an election to intervene should be extended.
24 A proposed order accompanies this notice.
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1 Respectfully submitted,
2 STEPHANIE M. HINDS
United States Attorney
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4 Dated: January 30, 2023 By: /s/ Michael T. Pyle
MICHAEL T. PYLE
5 Assistant United States Attorney
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Dated: January 30, 2023 By: /s/ Jared S. Wiesner
7 JARED S. WIESNER
Civil Division, U.S. Department of Justice
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Attorneys for the United States of America
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1 [PROPOSED] ORDER
2 Pursuant to the False Claims Act, 31 U.S.C. § 3730(b)(2) and (4), the United States having
3 partially intervened in this action, the Court rules as follows:
4 IT IS HEREBY ORDERED THAT:
5 1. Relator’s Complaint, the Government’s Notice of Partial Intervention, and this Order
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will be unsealed.
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2. All other papers on file in this action shall remain under seal.
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3. The seal shall be lifted on all matters occurring in this action after the date of this
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Order.
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11 IT IS SO ORDERED.
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13 Dated: __________________________ ______________________________
14 HON. YVONNE GONZALEZ ROGERS
United States District Judge
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