United States Ex Rel. Davis v. Prince

ORDER

T.S. ELLIS III, District Judge.

At issue on a threshold motion for judgment on the pleadings in this qui tarn False Claims Act 1 (“FCA”) action is whether the second amended complaint (“SAC”) should be dismissed because it was not filed under seal. In essence, defendants argue that the sealing requirement set forth in 31 U.S.C. § 3730(b)(2) applies to amended complaints as well as to original complaints, and relators’ failure to file the SAC under seal requires dismissal of the allegations in the SAC that were not made in the original complaint. For the reasons that follow, defendants’…