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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

THE UNITED STATES OF AMERICA, 

EX REL.; THE STATE OF TEXAS, EX 

REL.; THE STATE OF FLORIDA, EX 

REL.; THE STATE OF NEW MEXICO, 

EX REL.; AND MATTHEW ANDREW 

GARCES, RELATOR;

 Plaintiffs,

vs.

UNITED HEALTHCARE SERVICES, 

INC., A MINNESOTA CORPORATION; 

OPTUM CARE, INC., A DELWARE 

CORPORATION; WELLMED 

MEDICAL MANAGEMENT, INC., A 

TEXAS PROFESSIONAL 

ASSOCIATION; WELLMED MEDICAL 

GROUP, P.A., A TEXAS 

CORPORATION; AND EPISOURCE, 

LLC, A CALIFORNIA CORPORATION;

 Defendants.

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SA-20-CV-00661-JKP

ORDER

Before the Court in the above-styled cause of action is the Government’s Notice of 

Election to Decline Intervention [#7]. This is a qui tam action arising under the False Claims 

Act, 31 U.S.C. § 3730, initiated by Relator Matthew Andrew Garces in the name of the United 

States and the States of Texas, Florida, and New Mexico. In accordance with governing statutes, 

this case was placed under seal while the United States and the relevant States considered 

whether to elect to intervene and take over the prosecution. See 31 U.S.C. § 3730(b)(2)

(directing Court to seal complaint for at least 60 days during intervention period). By its notice, 

the Government informs the Court of its decision not to intervene in this action. Additionally, 

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the Notice informs the Court that the States of Texas, Florida, and New Mexico have authorized 

the United States to inform the Court that they have also decided not to intervene in this action. 

Where the Government elects not to intervene, as here, the relator who initiated the action 

shall have the right to proceed as Plaintiff and to prosecute the case in the name of the United 

States. Id. at § 3730(c)(3). The Government, upon request, shall continue to be served with 

copies of all pleadings and supplied with all deposition transcripts, at the Government’s expense. 

Id. The Government may intervene at a later date upon a showing of good cause. Id. A qui tam

action may be dismissed only if the Court and the Attorney General give written consent to the 

dismissal. Id. at § 3730(b)(1). 

The United States therefore requests that the Court unseal Relator Matthew Andrew 

Garces’s Complaint but keep those filings submitted during the intervention period under seal 

except for the Government’s Notice and this Order. The United States further asks that the seal 

be lifted as to all future filings in this case after the date of this Order. Although the United 

States declines to intervene at this time, it requests that the parties serve all pleadings and 

motions upon the Government pursuant to 31 U.S.C. § 3730(c)(3), so that the United States is 

apprised of the progress of this case and may make the informed decision to intervene at a later 

date if it so chooses. Finally, the Government asks the Court to solicit its written consent before 

dismissing this action. 

IT IS THEREFORE ORDERED that Relator’s Complaint [#1] be UNSEALED and 

served upon Defendants by Relator in conformity with the Federal Rules of Civil Procedure.

IT IS FURTHER ORDERED that the Court’s Order of referral [#2], the Government’s 

Notice of Election to Decline Intervention [#7], and this Order also be UNSEALED.

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IT IS FURTHER ORDERED that the following filings [#3, #4, #5, #6] remain 

SEALED.

IT IS FURTHER ORDERED that this case be UNSEALED as to all other matters 

occurring in this action after the date of this Order.

IT IS FURTHER ORDERED that the parties shall serve all pleadings and motions filed 

in this action, including supporting memoranda, upon the United States, as provided for in 31 

U.S.C. § 3730(c)(3). The States of Texas, Florida, and New Mexico shall be similarly served. 

The United States and the States of Texas, Florida, and New Mexico may order any deposition 

transcripts and are entitled to intervene in this action, for good cause, at any time.

IT IS FURTHER ORDERED that the parties shall serve all notices of appeal upon the 

United States and the Plaintiff States.

IT IS FURTHER ORDERED that all orders of this Court shall be sent to the United 

States and the Plaintiff States.

IT IS FINALLY ORDERED that should Relator or Defendants propose that this action 

be dismissed, settled, or otherwise discontinued, the Court will solicit the written consent of the 

United States and the States of Texas, Florida, and New Mexico before ruling on or approving 

the request.

SIGNED this 5th day of January, 2021.

ELIZABETH S. ("BETSY") CHESTNEY

UNITED STATES MAGISTRATE JUDGE

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