Qui Tam Law

which states that “[u]pon a showing by the defendant that unrestricted participation during the course of the litigation by the person initiating the action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the person in the litigation.” Relators’ Opp’n at 17 (quoting 31 U.S.C. § 3730(c)(2)(D)). The Government agrees that its complaint in intervention is the operative complaint as to all claims in which it has intervened. However, the Government notes that Relators also still have the right to continue in the action as parties with respect to those intervened claims. The Government therefore recommends that the Court deny as moot Defendants’ motion to dismiss the Section 8(a) claims in Relators’ initial complaint. See Gov’t’s Opp’n at 5 n.1. 18

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