UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA, Civil Action No. 09-13594

ex rel. KEITH JOHNSON, Hon. PATRICK J. DUGGAN

Plaintiffs, FILED IN CAMERA AND 

vs. UNDER SEAL

MARK AND SUSAN DOBRONSKI,

Defendants.

____________________________________/

THE UNITED STATES’ NOTICE OF ELECTION TO

DECLINE INTERVENTION

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

America (United States) notifies the Court of its decision not to intervene 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 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 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 the United States; 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 and to intervene in this action, for good cause, at a

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later date. The United States also requests that it be served with all notices of appeal.

Finally, the United States requests that only the Complaint, this Notice, and the Court’s 

Order be unsealed, and served upon the defendants. The United States also requests that all

other contents of the Court’s file in this matter (including, but not limited to, any applications

filed by the United States for an extension of the sixty-day investigative period or for any other

reason) should remain under seal and not be made public or served upon the defendant. 

A proposed order will be electronically submitted to the Court.

Respectfully submitted,

BARBARA L. MCQUADE

United States Attorney

/s/Julia Caroff Pidgeon 

JULIA CAROFF PIDGEON

Assistant U.S. Attorney 

211 W. Fort Street, Suite 2001

Detroit, Michigan 48226

Phone: (313) 226-9772

E-mail: Julia.Pidgeon@usdoj.gov

Dated: February 10, 2010 Penna. Lic. No. 37949

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CERTIFICATION OF SERVICE

I hereby certify that on February 10, 2010, I electronically filed the foregoing paper

under seal with the Clerk of the Court using the ECF system.

I further certify that I have served in the traditional manner by placing the foregoing

paper in first class U.S. mail, addressed to the following:

Guy C. Vining, Esq.

2955 Biddle Avenue

P.O. Box 38

Wyandotte, MI 48192 

/s/Julia Caroff Pidgeon 

JULIA CAROFF PIDGEON

Assistant U.S. Attorney 

211 W. Fort Street, Suite 2001

Detroit, Michigan 48226

Phone: (313) 226-9772

E-mail: Julia.Pidgeon@usdoj.gov

Penna. Lic. No. 37949

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