Filed: Mar. 19, 2019
Latest Update: Mar. 19, 2019
Summary: JOINT STIPULATION OF DISMISSAL AND [PROPOSED] ORDER NATHANIEL M. COUSINS , Magistrate Judge . Pursuant to the qui tam provisions of the False Claims Act, 31 U.S.C. 3730(b)(1) and (d)(2), and in accordance with and subject to all of the terms and conditions of the settlement agreement among the United States, Relator, and Defendant, effective January 7, 2019, (the "Agreement"), the United States, Relator Juan Guerra ("Relator"), and Defendant Bi Thi Nguyen, individually and as trustee of
Summary: JOINT STIPULATION OF DISMISSAL AND [PROPOSED] ORDER NATHANIEL M. COUSINS , Magistrate Judge . Pursuant to the qui tam provisions of the False Claims Act, 31 U.S.C. 3730(b)(1) and (d)(2), and in accordance with and subject to all of the terms and conditions of the settlement agreement among the United States, Relator, and Defendant, effective January 7, 2019, (the "Agreement"), the United States, Relator Juan Guerra ("Relator"), and Defendant Bi Thi Nguyen, individually and as trustee of ..
More
JOINT STIPULATION OF DISMISSAL AND [PROPOSED] ORDER
NATHANIEL M. COUSINS, Magistrate Judge.
Pursuant to the qui tam provisions of the False Claims Act, 31 U.S.C. § 3730(b)(1) and (d)(2), and in accordance with and subject to all of the terms and conditions of the settlement agreement among the United States, Relator, and Defendant, effective January 7, 2019, (the "Agreement"), the United States, Relator Juan Guerra ("Relator"), and Defendant Bi Thi Nguyen, individually and as trustee of the Bi Thi Nguyen Revocable Living Trust dated 12/15/2016 ("Defendant"), hereby stipulate as follows:
1. As to the United States, the claims against Defendant asserted in this action are dismissed with prejudice, subject to all of the terms of the Agreement, as to the Covered Conduct released in the Agreement, and without prejudice as to all other claims.
2. As to Relator, all claims against Defendant asserted in this action are dismissed with prejudice, subject to all of the terms of the Agreement, except for Relator's reasonable expenses, attorney's fees, and costs.
3. According to the terms of the Agreement, this Court retains jurisdiction over this action and the parties to enforce the Agreement and to resolve any dispute involving a claim by Relator for his reasonable expenses, attorney's fees, and costs.
4. This stipulation does not affect Relator's pending motion for attorney fees and costs or Defendant's opposition to that motion. See ECF No. 60 and No. 61.
5. A copy of the Agreement has been filed with the Court. See ECF No. 60-1, ex. A.
A proposed order accompanies this notice.
IT IS SO STIPULATED.
CERTIFICATION
Pursuant to Local Rule 5-1(i)(3), the undersigned hereby attests that Todd Espinosa and Mitch Onu have concurred in the filing of this document and authorized me to sign it on their behalf.
DAVID L. ANDERSON
United States Attorney
Dated: March 18, 2019 By ___________________
KIMBERLY FRIDAY
Assistant United States Attorney
[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
