UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA, Civil Case No. 09-11146

THE STATE OF MICHIGAN, Hon. Bernard A. Friedman

Mag. Judge Michael Hluchaniuk

Plaintiffs, FILED IN CAMERA 

AND UNDER SEAL

ex rel. MICHAEL GERBER and

DEBORAH OXFORD GERBER,

Plaintiffs/Relators, 

v.

DAVID LAU, JUNE LAU, and JOYCE

LINDSAY, individuals; SOCIAL 

RESOURCES, INC., a Michigan NonProfit Corporation; D & J HOME CARE, 

INC., a Michigan Corporation; and TSL

ENTERPRISES, INC., a Michigan Corporation,

Defendants. 

_______________________________________/

UNITED STATES AND STATE OF MICHIGAN’S JOINT

NOTICE OF ELECTION TO DECLINE INTERVENTION

Pursuant to the False Claims Act, 31 U.S.C. ' 3730(b)(4)(B), the United 

States, together with the State of Michigan, notifies the Court of its decision to 

decline intervention in this action.

Although the United States declines to intervene, we respectfully refer the 

Court to 31 U.S.C. ' 3730(b)(1), which allows the relator to maintain the action in 

Case 2:09-cv-11146-BAF-MJH ECF No. 27, PageID.377 Filed 01/04/17 Page 1 of 4
2

the name of the United States; provided, however, that the Aaction may be 

dismissed only if the court and the Attorney General give written consent to the 

dismissal...@ Id. Therefore, the United States requests that, should either the 

relator or any of the defendants propose that this action be dismissed, settled, or 

otherwise discontinued, the 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 and orders issued by the Court be served upon 

the United States and the State of Michigan. The United States and the State of 

Michigan reserve their 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 certain claims. 

Accordingly, the Government requests that the relator=s Complaint and 

Amended Complaint, this Notice, and the attached proposed Order, once entered, 

be unsealed. The United States and the State of Michigan request that all other 

papers on file in this action remain under seal because in discussing the content 

and extent of the United States= and the State of Michigan’s 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. 

Case 2:09-cv-11146-BAF-MJH ECF No. 27, PageID.378 Filed 01/04/17 Page 2 of 4
3

Respectfully submitted,

BARBARA L. McQUADE

United States Attorney

Eastern District of Michigan

s/Peter A. Caplan

PETER A. CAPLAN (P30643)

Assistant U.S. Attorney

211 W. Fort Street, Suite 2001

Detroit, Michigan 48226

(313) 226-9784

Peter.caplan@usdoj.gov

s/Jason Evans, with consent

JASON EVANS

Assistant Attorney General 

Michigan Dept. of Attorney General

Health Care Fraud Division

P.O. Box 30218

Lansing, MI 48909

Dated: January 4, 2017

Case 2:09-cv-11146-BAF-MJH ECF No. 27, PageID.379 Filed 01/04/17 Page 3 of 4
4

CERTIFICATE OF SERVICE

It is hereby certified that on this date I have served relator=s counsel with 

copies of this Notice and the proposed order by first class mail, postage prepaid, 

addressed as follows: 

David L. Haron

Haron Law Group, P.L.C.

dharon@haronlawgroup.com

s/Peter A. Caplan

Assistant U.S. Attorney

Dated: January 4, 2017

Case 2:09-cv-11146-BAF-MJH ECF No. 27, PageID.380 Filed 01/04/17 Page 4 of 4