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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

UNITED STATES OF AMERICA, ex rel.

ADRIENNE FALK,

Plaintiff,

v.

JOSDAN HOME HEALTH CARE, INC.

DIBIAJCH HOME HEALTH CARE,

DONNARICH HOME HEALTHCARE,

INC., and JOSIE TINIMBANG,

No. 11 C 7859

Chief Judge Castillo

Filed.In Camera and

Under Seal

Defendants.

NOTICE OF THE UNITED STATES THAT

IT IS NOT INTERVENING AT THIS TIME

In its last order, dated January 2, 2014, the court indicated that the United States must

make its intervention decision on or before April 7, 2014, and that no further extensions of time

would be granted. The govemment's investigation has not been completed and, as such, the

United States is not able to decide, as of the court's deadline, whether to proceed with the action.

Accordingly, the United States hereby notifies the court that it is not intervening at this time.

However, the government's investigation will continue.

Although the United States is not intervening at this time, it respectfully refers the court

to 3l U.S.C. $ 3730(bxl), which allows the relator to maintain the action in the name of the

United States; providing, however, that the "action may be dismissed only if the court and the

Attorney General give written consent to the dismissal and their reasons for consenting." Id.

Therefore, the United States requests that, should either the relator or the defendants propose that

Case: 1:11-cv-07859 Document #: 17 Filed: 04/07/14 Page 1 of 3 PageID #:31
this action be dismissed, settled, or otherwise discontinued, this court solicit the written consent

of the United States before ruling or granting its approval.

Furthermore, pursuant to 31 U.S.C. $ 3730(c)(3), the United States requests that all

pleadings filed in this action be served upon it; the United States also requests that orders issued

by the court be sent to the government's counsel. The United States reserves its right to order

any deposition transcripts, to intervene in this action, for good cause, at a later date, and to seek

the dismissal of the relator's action or claim. The United States also requests that it be served

with all notices of appeal.

Finally, the government requests that the relator's complaint, this notice, and the attached

proposed order be unsealed. The United States requests that all other papers on file in this action

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.

A proposed order accompanies this notice.

LASHONDA HLINT

Assistant United States Attorney

219 South Dearborn Street

Chicago, Illinois 60604

(312) 886-4190

lashonda.hunt@usdoj . gov

Respectfully submitted,

ZACHARY T. FARDON

United States Attorney

Dated: April7,2014

Case: 1:11-cv-07859 Document #: 17 Filed: 04/07/14 Page 2 of 3 PageID #:32
CERTIFICATE OF SERVICE

LaShonda A. Hunt hereby certifies that on April -1 

, 2014, she caused copies of:

NOTICE OF THE UNITED STATES THAT IT IS NOT INTERVENING AT THIS TIME

and ORDER to be served via electronic mail to the following:

Stanley Eisenstein

Katz, Friedman, Eagle, Eisenstein, Johnson & Bareck, P.C.

77 West Washington Street, 20th Floor

Chicago, Illinois 60604

sei sensteiTr@kfbej . com

Counsel for Relator

Laurie J. Wasserman

Law Offices of Laurie J.Wasserman

9933 North Lawler Avenue, Suite 122

Skokie, Illinois 60077 -3703

lj w@webemploym entlaw. corn

Counsel for Relator

LaShonda A. Hunt

Assistant United States Attomey

Case: 1:11-cv-07859 Document #: 17 Filed: 04/07/14 Page 3 of 3 PageID #:33