SE~LEO 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. 20-60835-CIV-SINGHAL 

UNITED STATES OF AMERICA 

ex rel. LAUREN LAU, 

Plaintiff, 

V. 

MAY O 9 2024 

ANGELA E. NOBLE 

CLERK U.S. DIST. CT. 

S. D. OF FLA. - MIAMI 

FILED UNDER SEAL 

ELL WOOD MEDICAL CENTER, LLC; 

AMERICORE HEAL TH, LLC; et al., 

Defendants. 

I ----------------

UNITED STATES' NOTICE TO INTERVENE IN PART FOR PURPOSES OF 

SETTLEMENT AND TO DECLINE IN PART 

Pursuant to 31 U.S.C. § 3730(b)(2) and (4) of the False Claims Act ("FCA"), the United 

States of America respectfully notifies the Court of its intention to intervene in part of this action 

and to decline to intervene in part of this action. The United States intervenes for the purposes of 

settlement as to Defendants Sonoran Desert Pathology Associates, LLC, dba Verify Health, First 

Choice Labs USA and Daniel M. Hurt ("Settling Defendants"). The United States, Relator Lauren 

Lau, and the Settling Defendants (the "Parties") have reached a Settlement Agreement to resolve 

this matter, brought under the FCA, 31 U.S.C. §§ 3729-3733. Under the terms and conditions of 

the Settlement Agreement, the United States and Relator anticipate that they will file, pursuant to 

Fed. R. Civ. P. 41(a)(l), a Joint Stipulation of Dismissal of the qui tam complaint. While the 

Parties have executed the Settlement Agreement, payment has not yet been tendered as of the date 

of this filing. Under the terms of the Settlement Agreement, payment is due seven (7) days after 

the execution of the Settlement Agreement and the United States and Relator shall file a Joint 

Stipulation of Dismissal. after payment has been tendered. In light of the Settlement Agreement, 

Case 0:20-cv-60835-AHS Document 44 Entered on FLSD Docket 05/09/2024 Page 1 of 4
the United States does not presently intend to file a complaint-in-intervention against the Settling 

Defendants but reserves the right to file such a complaint in the event the Settlement Agreement 1 

is breached. 

The United States also notifies the Court that it declines to intervene against Defendants 

Ellwood Medical Center, LLC; Americore Health, LLC; DCMI, LLC; Grant White and Michael 

Lewitt ("Non-Settling Defendants"). Relator in this action has informed the United States that she 

will voluntarily dismiss her claims against the Non-Settling Defendants. 

The United States requests that Relator's Complaint, the Government's applications for 

extension of time (but not the memorandum of law in support of such applications), this Notice, 

and the Court's prior seal extension Orders be unsealed. The United States requests that all other 

papers on file in this action, including the United States' memorandum of law in support of its 

applications for extension of time, remain under seal because in discussing the content and extent 

of the United States' investigation, such papers are provided by law to the Court alone for the sole 

purpose of evaluating whether the seal and time for making an election to intervene should be 

extended. Moreover, the United States' memoranda of law include investigative techniques that 

the United States used in investigating this matter, and that it disclosed to the Court in showing 

good cause in support of its extension requests. The United States has an interest in keeping this 

information from the public. 

A proposed order accompanies this notice. 

2 

Case 0:20-cv-60835-AHS Document 44 Entered on FLSD Docket 05/09/2024 Page 2 of 4
Dated: May 9, 2024 Respectfully submitted, 

BRIAN M. BOYNTON 

Principal Deputy Assistant Attorney General 

Civil Division 

MARKENZY LAPOINTE 

UNITED STATES ATTORNEY 

Southern District of Florida 

By: Is_~ ()hPYI/ 

ROALINE CHAN 

3 

Assistant United States Attorney 

Fla. Bar No. 1008816 

United States Attorney's Office 

99 N.E. 4th Street, Third Floor 

Miami, Florida 33132 

Telephone: (305) 961-9335 

Facsimile: (305) 530-7139 

Email: Rosaline.Chan@usdoj.gov 

JAMIE ANN YAVELBERG 

PATRICIA L. HANOWER 

SAMSON 0. ASIY ANBI 

Commercial Litigation Branch 

United States Department of Justice 

175 N Street, N.E., Suite 9.224 • 

Washington~ D.C. 20008 

Tel: (202) 353-1053 

Email: Samson.Asiyanbi2@usdoj.gov 

Attorneys for United States of America 

Case 0:20-cv-60835-AHS Document 44 Entered on FLSD Docket 05/09/2024 Page 3 of 4
CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that I caused to be filed the foregoing sealed document with the 

Clerk of the Court on May 9, 2024. I also certify that the foregoing document is being served this 

day on all counsel ofrecord identified in the attached service list via electronic mail. To preserve 

the integrity of the United States' ongoing investigation, relator has not been served with the 

United States' memorandum of law in support of its application. 

SERVICE LIST 

James D. Young 

Morgan & Morgan 

76 S. Laura Street, Suite 1100 

Jacksonville, FL 32202 

Tel: (904) 361-0012 

Email: jyoung@forthepeople.com 

Juan Martinez 

Morgan & Morgan 

201 N. Franklin Street, 7th Floor 

Tampa, FL 33602 

Tel: (813) 393-5463 

Email: jmartinez@forthepeople.com 

Attorneys for Relator 

Rosaline Chan 

Assistant United States Attorney 

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Case 0:20-cv-60835-AHS Document 44 Entered on FLSD Docket 05/09/2024 Page 4 of 4