3:13-cv-00666-JFA Date Filed 04/28/14 Entry Number 38 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION

The United States of America, )

ex rel. SUSAN RUSH; BELINDA )
PICKETT and TAMARA KEITT )
) CA No.: 3:13-cv-00666-JFA
Plaintiffs, )
)
vs. ) FILED EX PARTE AND
) UNDER SEAL
AGAPE SENIOR, LLC; AGAPE SENIOR )
SERVICES, INC.; AGAPE SENIOR )
SERVICES FOUNDATION, INC.; AGAPE )
SENIOR PRIMARY CARE, INC.; AGAPE )
SENIOR FOUNDATION, INC.; AGAPE ) NOTICE
SENIOR COMMUNITY, INC.; AGAPE )
HOSPICE OF THE PIEDMONT, INC.; )
AGAPE HOSPICE OF THE LOW )
COUNTRY INC.; AGAPE HOSPICE HOUSE )
OF LAURENS, LLC; AGAPE HOSPICE OF )
HORRY COUNTY, INC.; and AGAPE HOSPICE )
HOUSE OF HORRY COUNTY, INC., )
)
Defendants. )

NOTICE OF THE UNITED STATES

THAT IT IS NOT INTERVENING AT THIS TIME

Pursuant to this Court’s Order, dated February 10, 2014, the seal on the above-captioned

case expires on April 28, 2014. Having been denied its motion for a sixty-day extension of the

time in which to make an intervention decision in this case, the United States hereby notifies this

Court that it is not intervening at this time.

Although the United States is not intervening at this time, it respectfully refers the Court

to 31 U.S.C. § 3730(b)(1), which allows the relators 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.
 3:13-cv-00666-JFA Date Filed 04/28/14 Entry Number 38 Page 2 of 2

Therefore, the United States requests that, should either the relators or the defendants propose

that this action be dismissed, settled, or otherwise discontinued, this Court solicit the written

consent of the United States before ruling or granting its approval.

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

pleadings filed in this action be served upon it; the United States also requests that orders issued

by the Court be sent to the Government's counsel. 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 the relators’ action or claim. The United States also requests that it be served

with all notices of appeal.

Respectfully submitted,

WILLIAM N. NETTLES
United States Attorney
District of South Carolina

By: s/ Beth C. Warren

Beth C. Warren (#11360)
Assistant United States Attorney
1441 Main Street, Suite 500
Columbia, S.C. 29201
Telephone (803) 929-3000

Dated: April 28, 2014