UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

PHILLIP J. BERG, )
)
Plaintiff, )
)
v. ) Civil Action No. 08-1933 (RWR)
) UNDER SEAL
BARACK HUSSEIN OBAMA JR., )
)
Defendant. )
---------------)

ORDER

The docket reflects that the government has moved [9] to

dismiss this action with prejudice. The False Claims Act

provides that the Government may dismiss an action

notwithstanding the objections of a relator if the relator has

been notified by the Government of the filing of the motion and

the relator has been provided with a formal opportunity for a

hearing. 31 U.S.C. § 3730(c) (2) (A). The "function of a hearing

when the relator requests one is simply to give the relator a

formal opportunity to convince the government not to end the

case." Swift v. United States, 318 F.3d 250, 253 (D.C. Cir.

2003). Therefore, it is hereby

ORDERED that a court hearing will be scheduled for this

matter unless the government files an affidavit or declaration by

May - - - - - - , 2009, demonstrating that it has given the

relator its own hearing where the relator was given a formal

opportunity to convince the government not to end the case that

satisfies 31 U.S.C. § 3730(c) (2) (A). It is further

 -2-

ORDERED that if the government cannot make that showing, the

parties are directed to file a joint status report and proposed

order by May - - - - - , 2009, setting three mutually agreeable

dates for a court hearing.

SIGNED this /1 ft'\ day of ~ 2009.

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RICHARD W. ROBERTS
United States District Judge