Qui Tam Government Intervention

The Government provides no support for its theory that if the Relator files its initial complaint within three years of 23 when the Government should have been aware of certain claims, the relation-back provision allows for the Government to take advantage of the ten-year statute of limitations, starting from the date of filing of the Relators’ initial complaint. Indeed, the only case cited by the Government, United States ex rel. Serrano v. Oaks Diagnostics Inc., 568 F. Supp. 2d 1136 (C.D. Cal 2008), is entirely irrelevant. There, in a pre-FERA case, the court addressed the question of whether the government’s complaint in intervention related back to relator’s complaint, which was filed almost five years prior to the complaint in intervention. The court ruled that the government’s complaint did relate back to the relator’s complaint after conducting an exhaustive analysis of relation-back principles under Fed. R. Civ. P. 15. Id. at 1139-42.

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