United States of America v. S.M.R.T., LLC

I. BACKGROUND

27 Relator initiated this qui tam action on April 30, 2018. ECF No. 1. This Court 28 granted the Government Parties several extensions of time to decide on intervention. ECF Nos. 6, 8, 10, 12, 15, 17. On November 13, 2020, the Government Parties informed the Court they did not intend to intervene in the qui tam action. ECF No. 19. On December 1, 2020, the qui tam complaint was unsealed. ECF No. 20. The Government Parties concluded their investigations, which included a presentation from Defendants’ counsel, in February 2021. ECF No. 41, at 5. The United States and State of California moved for intervention on June 7, 2021 and July 6, 2021 respectively. ECF Nos. 41, 45. II. LEGAL STANDARD In False Claims Act (FCA) cases initiated by a private relator, the Government has an unfettered right to intervene within 60 days after service of the complaint and all material evidence the relator possesses, with extensions of the period for intervention available for good cause. 31 U.S.C. § 3730(b)(2)-(3). Even if the Government initially declines to intervene, it may intervene later upon a showing of good cause, id.…