4, 2011.

BACKGROUND
On April 21, 2008, Judge Teilborg granted Defendant's Motion to Dismiss the Second Amended Complaint with prejudice and denied all pending motions as moot. (Order (# 113) at 11-12). Frazier was IASIS's former Chief Compliance Officer and Vice President of Ethics and Business Practices from November 1999 through April 2003. (Id. at 1). During his tenure with IASIS, Frazier monitored compliance with various healthcare laws and regulations. (Id.). On March 11, 2005, Frazier filed this action under the False Claims Act ("FCA") to recover damages and civil penalties. (Id.). Frazier filed his original complaint under seal and served it only on the U.S. Attorney for the District of Arizona and the U.S. Department of Justice. (Id. at 2). In May 2007, the United States elected not tonamely that IASIS sold its Mesa General Hospital in Arizona in 2008. (Id.). He contends that many prospective witnesses are in Texas and that Texas is geographically closer to IASIS's headquarters in Tennessee. (Id. at 3). He asserts that he could have brought this case in the Eastern District of Texas because his complaint named IASIS hospitals in that district and made allegations against doctors and procedures in those hospitals. (Id. at 6). He argues that because the District of Arizona is more than 100 miles away from Texas, he would lose subpoena power over non-party witnesses. (Id. at 13). He argues that most of the witnesses are in Texas. (Id.). He asserts that Texas has a public policy of regulating healthcare providers and preventing fraud in connection