United States of America v. The Boeing Company

W.D. Washington

United States of America v. The Boeing Company

District Court, W.D. Washington·Decided January 12, 2021·No. 2:15-cv-01527·Unknown

Opinion

THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE 9 UNITED STATES OF AMERICA ex rel. D.R. CASE NO. C15-1527-JCC O’HARA and D.R. O’HARA, individually, 10

11 Plaintiffs, v. 12 THE BOEING COMPANY and INSTITU, 13 INC., 14 Defendants. 15

16 This matter comes before the Court on the Government’s ex parte notice of intervention- 17 in-part and application for an unsealing of Relator’s complaint (Dkt. No. 36). According to the 18 Government’s filing, the Government, Defendants, and Relator have concluded a final settlement 19 to resolve the claims in this action. (Dkt. No. 36 at 1.) The Government intends to intervene in 20 part for the purpose of settlement and requests that the Court unseal Relator’s complaint, the 21 Government’s ex parte notice of intervention-in-part and application for an unsealing of 22 Relator’s complaint, and all subsequent filings. (Id. at 2.) 23 The False Claims Act provides that a qui tam complaint must be filed under seal while 24 the United States decides whether to intervene, see 31 U.S.C. § 3730(b)(2), but it clearly 25 contemplates that after the United States makes a decision, the seal will be lifted, see id. § 26 3730(b)(3). Generally, the Court unseals the entire record unless the Government shows that 1 such disclosure would (1) reveal confidential investigative methods or techniques, (2) jeopardize 2 an ongoing investigation, or (3) harm non-parties. See, e.g., United States ex rel. Lee v. Horizon 3 W., Inc., 2006 WL 305966, slip op. at 2 (N.D. Cal. 2006). 4 Accordingly, the Court GRANTS the Government’s application (Dkt. No. 36) and 5 respectfully DIRECTS the Clerk to lift the seal on Relator’s complaint (Dkt. No. 1), the 6 Government’s notice and application (Dkt. No. 36), and all subsequent filings. The Court also 7 ORDERS the Government and any other interested parties to show cause within thirty (30) days 8 from the date of this Order why the remainder of the record should not also be unsealed. 9 DATED this 12th day of January 2021. A 10 11 12 John C. Coughenour 13 UNITED STATES DISTRICT JUDGE

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE 9 UNITED STATES OF AMERICA ex rel. D.R. CASE NO. C15-1527-JCC O’HARA and D.R. O’HARA, individually, 10

11 Plaintiffs, v. 12 THE BOEING COMPANY and INSTITU, 13 INC., 14 Defendants. 15

16 This matter comes before the Court on the Government’s ex parte notice of intervention- 17 in-part and application for an unsealing of Relator’s complaint (Dkt. No. 36). According to the 18 Government’s filing, the Government, Defendants, and Relator have concluded a final settlement 19 to resolve the claims in this action. (Dkt. No. 36 at 1.) The Government intends to intervene in 20 part for the purpose of settlement and requests that the Court unseal Relator’s complaint, the 21 Government’s ex parte notice of intervention-in-part and application for an unsealing of 22 Relator’s complaint, and all subsequent filings. (Id. at 2.) 23 The False Claims Act provides that a qui tam complaint must be filed under seal while 24 the United States decides whether to intervene, see 31 U.S.C. § 3730(b)(2), but it clearly 25 contemplates that after the United States makes a decision, the seal will be lifted, see id. § 26 3730(b)(3). Generally, the Court unseals the entire record unless the Government shows that 1 such disclosure would (1) reveal confidential investigative methods or techniques, (2) jeopardize 2 an ongoing investigation, or (3) harm non-parties. See, e.g., United States ex rel. Lee v. Horizon 3 W., Inc., 2006 WL 305966, slip op. at 2 (N.D. Cal. 2006). 4 Accordingly, the Court GRANTS the Government’s application (Dkt. No. 36) and 5 respectfully DIRECTS the Clerk to lift the seal on Relator’s complaint (Dkt. No. 1), the 6 Government’s notice and application (Dkt. No. 36), and all subsequent filings. The Court also 7 ORDERS the Government and any other interested parties to show cause within thirty (30) days 8 from the date of this Order why the remainder of the record should not also be unsealed. 9 DATED this 12th day of January 2021. A 10 11 12 John C. Coughenour 13 UNITED STATES DISTRICT JUDGE

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United States of America v. The Boeing Company, (W.D. Wash. 2021).

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