ORDER DISMISSING ACTION AND UNSEALING CASE

[LODGED UNDER SEAL PURSUANT TO THE FALSE CLAIMS ACT, 31 U.S.C. § 3730(b)(2) & (3)]

[FILED CONCURRENTLY UNDER SEAL: REQUESTS FOR DISMISSAL; STIPULATION TO UNSEAL CASE]

JOHN A. KRONSTADT, District Judge.

Plaintiff United States of America ("United States") and qui tam plaintiff Ralph Tatgenhorst ("Relator"), having jointly requested, pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, that the above-captioned action (this "action") against ITT Corporation ("ITT") be dismissed in accordance with and subject to the terms and conditions of the Settlement Agreement, dated May 29, 2019, and the Amendment to the Settlement Agreement, dated June 21, 2019 (together, the "Settlement Agreement"), among the United States, Relator and ITT; and Relator having further requested, and the United States having given its consent in the interests of justice, that the action against the remaining defendant, PEI/Genesis, Inc. ("PEI"), also be dismissed without prejudice pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure,

IT IS ORDERED that:

1. With respect to the Covered Conduct, as that term is defined in the Settlement Agreement, this action is dismissed against ITT with prejudice to the United States and Relator, subject to the terms and conditions of the Settlement Agreement; and

2. With respect to conduct other than the Covered Conduct, as that term is defined in the Settlement Agreement, and subject to the terms and conditions of the Settlement Agreement:

3. This action is dismissed against PEI without prejudice to the United States and to Relator.

IT IS FURTHER ORDERED that this action be unsealed, except as to certain documents filed or lodged to date with the Court in this action. The following documents, and only the following documents, shall be unsealed:

1. Complaint;

2. Stipulation Requesting Order Partially Lifting Seal;

3. Order Partially Lifting Seal;

4. United States' Notice of Election to Partially Intervene and to Partially Decline to Intervene;

5. Notice of Settlement;

6. Corrected United States' Notice of Election to Partially Intervene and to Partially Decline to Intervene;

7. Corrected Notice of Settlement;

8. Requests for Dismissal; Stipulation to Unseal Case;

9. Any Order issued by the Court to dismiss this action and to unseal documents; and

10. All other papers filed or lodged with the Court in this action after the action is unsealed.

All other contents of the Court's file in this action, filed and lodged to date, shall remain permanently under seal and shall not be made public or served upon any defendant or any other person.