Sean Solomon v. Phizer Inc.
- Nathanael Cousins
- 5:23-cv-01104
- U.S. District Court · Northern District of California
- 1
In Solomon v. Phizer, Judge Cousins ordered him to obtain a lawyer or explain why the case should not be dismissed.
Sean Solomon, who must obtain legal representation or explain why the case should not be dismissed; the United States remains the real party in interest.
What happened
United States ex rel. Sean Solomon v. Phizer Inc. and BioNTech SE concerns a False Claims Act case brought on behalf of the United States. The United States declined to join the case, and Solomon sought to continue without a lawyer.
The court explained that a person representing himself generally cannot represent the interests of other people or the government. Because Solomon’s case is brought in the government’s name, the court said he could not continue without legal representation.
The court ordered Solomon to obtain a lawyer by December 4, 2023, or explain why the case should not be dismissed for lack of legal representation. Judge Nathanael M. Cousins issued an order to show cause; the opinion did not dismiss the case at that time.
The detailed version
- Sean Solomon v. Phizer Inc. · No. 5:23-cv-01104
- Nathanael Cousins
- Nov. 20, 2023
Background
Sean Solomon brought a qui tam action under the False Claims Act. A qui tam action allows a private person, called a relator, to bring a case in the name of the United States. The United States declined to intervene, or formally join the litigation, on August 18, 2023. Solomon then sought to continue the case without a lawyer.
Court’s analysis
The court explained that self-represented litigants may represent themselves but may not represent other parties. Although a relator may start a False Claims Act case, the case is brought in the name of the government, which remains the real party in interest even when it declines to intervene. The court therefore concluded that Solomon could not continue litigating the matter on behalf of the government without legal representation.
Order
The court ordered Solomon to obtain legal representation by December 4, 2023, or show cause—give a reason—why the case should not be dismissed for lack of legal representation. Judge Nathanael M. Cousins did not dismiss the case in this order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.