United States ex rel. Fallon v. Wayne

PHYLLIS J. HAMILTON JUDGE

THE JAFFE LAW FIRM

Stephen R. Jaffe

Attorneys for Relator

JACOBSON MARKHAM LLP

Richard M. Jacobson

Attorneys for Defendants

NOTICE OF DISMISSAL [PRCP 41(a)(2)];

and

[PROPOSED] ORDER OF DISMISSAL

PHYLLIS J. HAMILTON JUDGE

Pursuant to FRCP 41(a)(2), NOTICE IS GIVEN:

1. The parties have settled this action and have executed a written settlement agreement evidencing such settlement (“agreement”);

2. Pursuant to the terms and condition of of the agreement, the above-entitled action, and all causes of action there, are dismissed;

3. With respect to claims made by the relator on behalf of the United States and the State of California under the federal False Claims Act and the California False Claims Act in this action, dismissal of any and all such claims is expressly made without prejudice to any of the rights or remedies of the United States and/or the State of California.

4. The United States and California consent to dismissal provided that dismissal is without prejudice to the United States and the State of California, and will file their written consent with the Court.

ORDER OF DISMISSAL

Pursuant to the foregoing Notice of the parties and FRCP 41(a)(2):

1. The above-entitled action, and all causes of action there, are dismissed;

2. With respect to claims made by the relator on behalf of the United States and the State of California under the federal False Claims Act and the California False Claims Act in this action, dismissal of any and all such claims is expressly without prejudice to any of the rights or remedies of the United States and/or the State of California.

IT IS SO ORDERED