U.S. EX REL. PEDERSEN v. HOSPITAL CORPORATION OF AMERICA, INC., 1:11-cv-41 CW PMW. (2012)
Court: District Court, D. Utah
Number: infdco20120306c57
Visitors: 4
Filed: Mar. 05, 2012
Latest Update: Mar. 05, 2012
Summary: ORDER CLARK WADDOUPS, District Judge. This case was assigned to United States District Court Judge Clark Waddoups, who then referred it to United States Magistrate Judge Paul M. Warner pursuant to 28 U.S.C. 636(b)(1)(B). On February 14, 2012, Judge Warner issued a Report and Recommendation, recommending that this case be dismissed. Plaintiffs did not file an objection to the Report and Recommendation. After having reviewed the file, the court hereby APPROVES AND ADOPTS Judge Warner's Report
Summary: ORDER CLARK WADDOUPS, District Judge. This case was assigned to United States District Court Judge Clark Waddoups, who then referred it to United States Magistrate Judge Paul M. Warner pursuant to 28 U.S.C. 636(b)(1)(B). On February 14, 2012, Judge Warner issued a Report and Recommendation, recommending that this case be dismissed. Plaintiffs did not file an objection to the Report and Recommendation. After having reviewed the file, the court hereby APPROVES AND ADOPTS Judge Warner's Report a..
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ORDER
CLARK WADDOUPS, District Judge.
This case was assigned to United States District Court Judge Clark Waddoups, who then referred it to United States Magistrate Judge Paul M. Warner pursuant to 28 U.S.C. § 636(b)(1)(B). On February 14, 2012, Judge Warner issued a Report and Recommendation, recommending that this case be dismissed. Plaintiffs did not file an objection to the Report and Recommendation. After having reviewed the file, the court hereby APPROVES AND ADOPTS Judge Warner's Report and Recommendation in its entirety, but the case is DISMISSED WITHOUT PREJUDICE.1 Each party shall bear his or its own costs.
SO ORDERED.
FootNotes
1. The United States elected not to intervene in this matter, but requested that if the court intended to dismiss the case, it obtain written consent from the United States before doing so, pursuant to 31 U.S.C. § 3730(b)(1) (2011). See Notice of Election to Decline Intervention (Dkt. No. 9). Because the court's action involves an involuntary dismissal, the court concludes that consent from of the United States is not necessary. Brown v. Sherrod, 284 Fed. Appx. 542, 543 (10th Cir. 2008); Searcy v. Philips Elecs. N. Am. Corp., 117 F.3d 154, 158 (5th Cir. 1997).
Source: Leagle
