In the United States Court of Appeals For the Second Circuit ______________

August Term, 2022

(Argued: June 7, 2023 Decided: November 28, 2023)

Docket No. 22-2656 ____________________ UNITED STATES OF AMERICA EX REL. CLIFFORD WEINER, STATE OF NEW YORK EX REL. CLIFFORD WEINER,

Plaintiffs-Appellants,

v.

SIEMENS AG, SIEMENS INDUSTRY, SIEMENS SCHLESINGER ELECTRIC, LLC,

Defendants-Appellees. *

____________________ Before: CARNEY and ROBINSON, Circuit Judges. †

* The Clerk of Court is directed to amend the official case caption as set forth above. † Circuit Judge Rosemary S. Pooler, originally a member of the panel, died on August 10, 2023. The two remaining members of the panel, who are in agreement, have decided this case. See 28 U.S.C. § 46(d); 2d Cir. IOP E(b). The False Claims Act (“FCA”), 31 U.S.C. §§ 3729–32, provides that when a private person brings an action under the FCA on behalf of the federal government, the “complaint shall be filed in camera, shall remain under seal for at least 60 days, and shall not be served on the defendant until the court so orders.” Id. § 3730(b)(2). Alleging violations of the FCA, Relator Clifford Weiner brought a complaint in the United States District Court for the Southern District of New York, which the district court (Carter, J.) dismissed for untimely service of process. Relator argues that because the district court never expressly ordered him to serve Defendants in accordance with Section 3730, the clock for service of process never began to run, and dismissal for untimely service was improper. Agreeing with Relator, we VACATE the district court’s judgment and REMAND the case for further proceedings consistent with this opinion. ____________________

MAX RODRIGUEZ (Adam Pollock, Agatha M. Cole, on the brief), Pollock Cohen LLP, New York, N.Y., for Relator

WENDY H. SCHWARTZ (Travis A. Gonyou, on the brief), Binder & Schwartz LLP, New York, N.Y., for Defendants- Appellees ‡ ____________________ Per curiam:

The False Claims Act (“FCA”), 31 U.S.C. §§ 3729–32, creates civil liability for those who knowingly submit “a false or fraudulent claim for payment or approval” to the federal government. 31 U.S.C. § 3729(a)(1)(A). The FCA contains

‡ Siemens AG, a foreign corporation, is also a named defendant in this case, but counsel for Defendants-Appellees listed above assert that they do not represent Siemens AG, and no other counsel has appeared on behalf of that entity. 2 a qui tam provision, allowing private persons (known as relators) to file complaints on the government’s behalf. Id. § 3730(b)(1); see generally State Farm Fire & Cas. Co. v. United States ex rel. Rigsby, 580 U.S. 26, 29 (2016). Section 3730 of the FCA instructs that such a complaint “shall be filed in camera, shall remain under seal for at least 60 days, and shall not be served on the defendant until the court so orders.” 31 U.S.C. § 3730(b)(2). It also provides that a defendant is not “required to respond” to a qui tam complaint “until 20 days after the complaint is unsealed and served upon the defendant pursuant to Rule 4 of the Federal Rules of Civil Procedure.” Id. § 373