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United States ex rel Mizgala v. Upstate Homecare

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


June 25, 2010

UNITED STATES OF AMERICA EX REL. DEBRA A. MIZGALA, PLAINTIFF,
v.
UPSTATE HOMECARE, DEFENDANT.

The opinion of the court was delivered by: Scullin, Senior Judge

ORDER

On April 13, 2010, Relator Debra Mizgala filed a Notice of Voluntary Dismissal of this qui tam action under the False Claims Act pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and requested that the Court not unseal the complaint. In response, the United States filed a Notice of Consent to Dismissal and a letter objecting to her request that the Court not unseal her complaint. Rather, the United States asked that the Court unseal the complaint, but that all other parts of the file remain under seal except for its Notice of Consent to Dismissal and this Order.

After reviewing the parties' submissions and the relevant law, the Court hereby

ORDERS that, in light of the well-established principle that the public has a right of access to court documents,*fn1 the complaint in this action is UNSEALED; and the Court further

ORDERS that this action is DISMISSED WITHOUT PREJUDICE to the United States and Relator Debra A. Mizgala; and the Court further

ORDERS that all other contents of this Court's file in this action shall remain under seal and not be made public, except for the United States' Notice of Consent to Dismissal and this Order.

IT IS SO ORDERED.


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