U.S. ex rel. Willette v. Univ. of Mass., Worcester — Mar. 2016 (Summary)

DISCOVERY

U.S. ex rel. Willette v. Univ. of Mass., Worcester
Civil Action No. 4:13-CV-40066-TSH (D. Mass. Mar. 3, 2016)

The United States District Court for the District of Massachusetts held that a university and the state of Massachusetts had to submit to limited discovery for the purpose of determining whether a relator in a False Claims Act suit was entitled to any recovery.  The False Claims Act suit was brought against the university and a former employee who was deceased.  The relator alleged that the former employee misappropriated more than $3 million during his employment in the Estate Recovery Unit.  The university repaid the commonwealth and the relator filed a motion for a relator’s share.

The court concluded that limited discovery would be necessary to determine whether the relator was entitled to such a share.  There is an alternative remedy provision that preserves the relator’s right to a share of the proceeds when the government seeks an alternative remedy rather than intervening in the relator’s qui tam suit.  The court granted two months’ time to conduct limited discovery regarding the circumstances under which the university repaid the commonwealth.  The university and the commonwealth moved for protective orders to bar discovery.  The court denied the protective orders, noting that neither party is entitled to sovereign immunity or protection from discovery in the instant case.