United States of America v. The Boeing Company

2:15-cv-01527 | W.D. Wash. | Jan 12, 2021

Case 2:15-cv-01527-JCC Document 38 Filed 01/12/21 Page 1 of 2 THE HONORABLE JOHN C. COUGHENOUR

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE UNITED STATES OF AMERICA ex rel . D.R. CASE NO. C15-1527-JCC O’HARA and D.R. O’HARA, individually,

Plaintiffs, v. THE BOEING COMPANY and INSTITU, INC.,

Defendants. This matter comes before the Court on the Government’s ex parte notice of intervention- in-part and application for an unsealing of Relator’s complaint (Dkt. No. 36). According to the Government’s filing, the Government, Defendants, and Relator have concluded a final settlement to resolve the claims in this action. (Dkt. No. 36 at 1.) The Government intends to intervene in part for the purpose of settlement and requests that the Court unseal Relator’s complaint, the Government’s ex parte notice of intervention-in-part and application for an unsealing of Relator’s complaint, and all subsequent filings. ( Id. at 2.)

The False Claims Act provides that a qui tam complaint must be filed under seal while the United States decides whether to intervene, see 31 U.S.C. § 3730(b)(2), but it clearly contemplates that after the United States makes a decision, the seal will be lifted, see id. § 3730(b)(3). Generally, the Court unseals the entire record unless the Government shows that C15-1527-JCC PAGE - 1

Case 2:15-cv-01527-JCC Document 38 Filed 01/12/21 Page 2 of 2 such disclosure would (1) reveal confidential investigative methods or techniques, (2) jeopardize an ongoing investigation, or (3) harm non-parties. See, e.g. , United States ex rel. Lee v. Horizon W., Inc. , 2006 WL 305966, slip op. at 2 (N.D. Cal. 2006).
Accordingly, the Court GRANTS the Government’s application (Dkt. No. 36) and respectfully DIRECTS the Clerk to lift the seal on Relator’s complaint (Dkt. No. 1), the Government’s notice and application (Dkt. No. 36), and all subsequent filings. The Court also ORDERS the Government and any other interested parties to show cause within thirty (30) days from the date of this Order why the remainder of the record should not also be unsealed.
DATED this 12th day of January 2021.

A

John C. Coughenour

UNITED STATES DISTRICT JUDGE

C15-1527-JCC

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