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The False Claims Act Sealing Orders

By Andrew W. Schilling and Megan E. Whitehill

Editor's Note: In light of the background of Parts One and Two of this article, the question remains: Is the defendant in a False Claims Act (FCA) matter barred from discussing the case, as are the relator and the government?

When the court enters a sealing order at the outset of the False Claim Act (FCA) case, such an order typically directs that the complaint and all other papers simply be filed “under seal.” See, e.g., Order, United States ex rel. Boyd v. Riverpoint 714 LLC et al., 15 Civ. 1406 (E.D. Cal. Aug. 28, 2015) (“The plaintiff's complaint shall be filed in camera and under seal.”); Order, U.S. ex rel. Littlewood v. King Pharmaceuticals, Inc., 10 Civ. 973 (D. Md. Apr. 21, 2010) (“IT IS, THEREFORE, ORDERED that the Court shall maintain the Complaint and all other papers filed in this case UNDER SEAL until further Order of the Court.”); United States ex. Rel. Johnson v. Walmart Stores, Inc., 13 Civ. 2277 (E.D. Ca. Nov. 6, 2013) (granting motion to “seal the matter”); U.S. ex rel. Arkfeld v. Bleiberg, 08 Civ. 106460 (E.D.Mich. Feb. 14, 2008) (“Having considered Relators' Motion to File The Complaint under Seal, the motion is granted and it is ORDERED that the Complaint of Plaintiffs/Relators, Ted A. Arkfled, D.C. and Ann Myers be filed, under seal, in paper format, with the Clerk of Court, in accordance with U.S.C.
§ 3730(b)(2) of the False Claims Act.”).

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