Case 1:14-cv-01047-RMC Document 96 Filed 08/31/15 Page 1 of 3

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

)
UNITED STATES OF AMERICA )
ex rel. LAURENCE SCHNEIDER, et al., )
)
Plaintiffs, )
Civil Action No. 14-1047 (RMC)
)
v. )
UNDER SEAL
)
J.P. MORGAN CHASE BANK, N.A., et al., )
)
Defendants. )
)

UNITED STATES’ NOTICE OF ELECTION TO

DECLINE INTERVENTION IN AMENDED COMPLAINT

Pursuant to the False Claims Act, 31 U.S.C. § 3730(b)(4)(B), the United States of

America (“United States”) respectfully notifies the Court of its decision not to intervene in the

allegations and claims made in Relator’s Amended Complaint.

Although the United States declines to intervene, it respectfully refers the Court to 31

U.S.C. § 3730(b)(1), which allows Relator to maintain the action in the name of the United

States; providing, however, that the “action may be dismissed only if the court and the Attorney

General give written consent to the dismissal and their reasons for consenting.” Id. Therefore,

the United States respectfully requests that the Court solicit the written consent of the United

States before approving any request or proposal by Relator or Defendants to dismiss, settle, or

otherwise discontinue this action.

Further, pursuant to 31 U.S.C. § 3730(c)(3), the United States respectfully requests that

all papers filed in this action -- including, but not limited to, any notices of appeal -- be served

upon the United States and that the Court send copies of all orders to counsel for the United
 Case 1:14-cv-01047-RMC Document 96 Filed 08/31/15 Page 2 of 3

States. The United States reserves its right to order any deposition transcripts, to intervene in

this action for good cause at a later date, and to seek the dismissal of Relator’s action or claims.

Finally, the United States respectfully requests that Relator’s motion for leave to file

under seal his Amended Complaint (R.78), Relator’s Amended Complaint (R.79), this Notice

(R.95), and the attached proposed order be unsealed. The United States requests that all other

papers filed by the parties or entered by the Court regarding Relator’s Amended Complaint

(namely, R.85-94) remain under seal because in discussing the content and extent of the United

States’ investigation, such papers are provided by law to the Court for the purpose of evaluating

whether the seal, and the time for making an election to intervene, should be extended. A

proposed order accompanies this Notice.

* * *

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 Case 1:14-cv-01047-RMC Document 96 Filed 08/31/15 Page 3 of 3

Dated: August 31, 2015

Washington, DC
Respectfully submitted,

BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General

VINCENT H. COHEN, JR., D.C. Bar #471489

Acting United States Attorney

DANIEL F. VAN HORN, D.C. Bar #924092

Chief, Civil Division, U.S. Attorney’s Office

By: /s/ Brian P. Hudak

BRIAN P. HUDAK
Assistant United States Attorney
555 Fourth Street, NW
Washington, DC 20530
(202) 252-2549

MICHAEL D. GRANSTON
RENÉE BROOKER
WILLIAM C. EDGAR
Attorneys, Commercial Litigation Branch
Civil Division, Department of Justice
P.O. Box 261 Ben Franklin Station
Washington, D.C. 20044
(202) 353-7950

Attorneys for the United States of America

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 Case 1:14-cv-01047-RMC Document 96-1 Filed 08/31/15 Page 1 of 2

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

)
UNITED STATES OF AMERICA )
ex rel. LAURENCE SCHNEIDER, et al., )
)
Plaintiffs, )
)
Civil Action No. 14-1047 (RMC)
v. )
)
J.P. MORGAN CHASE BANK, N.A., et al., )
)
Defendants. )
)

[PROPOSED] ORDER

UPON CONSIDERATION of the United States’ notice of election to decline

intervention in Relator’s amended complaint and the United States having declined to intervene

in Relator’s amended complaint pursuant to the False Claims Act, 31 U.S.C. § 3730(b)(4)(B), it

is hereby:

ORDERED that Relator’s Amended Complaint be unsealed and served upon Defendants

by Relator;

ORDERED that the Clerk shall UNSEAL the following documents: (i) Relator’s motion

for leave to file under seal his Amended Complaint (R.78), (ii) Relator’s Amended Complaint

(R.79), (iii) this Notice (R.95), and (iv) this Order;

ORDERED that all other papers filed by the parties or entered by the Court regarding

Relator’s Amended Complaint (namely, R.85-94) shall remain UNDER SEAL;

ORDERED that the seal be lifted as to all other matters occurring in this action after the

date of this Order;

ORDERED that the stay in this action is hereby LIFTED;

 Case 1:14-cv-01047-RMC Document 96-1 Filed 08/31/15 Page 2 of 2

ORDERED that the parties shall serve copies of all papers filed in this action --

including, but not limited to, supporting memoranda and any notices of appeal -- upon the United

States, as provided for in 31 U.S.C. § 3730(c)(3);

ORDERED that the United States may order any deposition transcripts and is entitled to

intervene in this action for good cause at any time;

ORDERED that copies of all orders of the Court in this action shall be sent to the United

States; and it is further

ORDERED that should Relator or Defendant propose that this action be dismissed,

settled, or otherwise discontinued, the Court shall solicit the written consent of the United States

before ruling or granting its approval.

SO ORDERED:

________________ ___________________________________
Date ROSEMARY M. COLLYER
United States District Judge

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