Page:U.S. ex rel. Polansky v. Executive Health Resources.pdf/9

Rh Paragraph 2 then spells out certain rights of the Government. You have already seen Subparagraph (2)(A), enabling the Government to dismiss an action over the relator’s objection (after notice and opportunity for a hearing). Subparagraph (2)(B) is similar. It allows the Government to settle an action “notwithstanding [the relator’s] objections,” so long as the court finds after a hearing that the settlement is fair and reasonable. §3730(c)(2)(B). Finally, subparagraphs (2)(C) and (2)(D) allow the court to limit the relator’s “participation” in the case—because (among other reasons) it would “interfere with” the “Government’s prosecution of the case” or “cause the defendant undue burden.” §§§ [sic]3730(c)(2)(C)–(D).

Next, Paragraph 3 applies, as its first clause states, “[i]f the Government elects not to proceed with the action.” §3730(c)(3). In that event, the relator “shall have the right to conduct the action.” Ibid. But a caveat immediately follows. The Government, as noted above, may “intervene at a later date”—i.e., after the seal period—“upon a showing of good cause.” Ibid.; see. And last, there is a caveat to that caveat: In granting a later intervention motion, the “court [may not] limit[] the status and rights” of the relator. §3730(c)(3).

Finally, Paragraph 4 applies, as its first clause states, “[w]hether or not the Government proceeds with the action.” §3730(c)(4). That provision enables the Government to obtain a stay of the relator’s discovery if it would interfere with the Government’s investigation or prosecution of a related legal matter.

And so to recap, focusing on the matter we suggested you attend to. See. Paragraph 1 applies “[i]f the Government proceeds with the action.” Paragraph 3 applies “[i]f the Government elects not to proceed with the action.” Paragraph 4 applies “[w]hether or not the Government proceeds with the action.” And Paragraph 2? It is not