United States ex rel. McNall v. Pacific Retirement Services, Inc., 16-cv-00889-LB. (2019)
Court: District Court, N.D. California
Number: infdco20191011f98
Visitors: 5
Filed: Oct. 04, 2019
Latest Update: Oct. 04, 2019
Summary: ORDER DISMISSING CASE WITHOUT PREJUDICE TO THE GOVERNMENT LAUREL BEELER , Magistrate Judge . The court assumes the reader's familiarity with the subject matter and procedural history of this case. On August 29, 2019, the court granted Cotchett, Pitre, and McCarthy, LLP's motion to withdraw as counsel for the relators, Michael and Karyl McNall. 1 The court stayed the case until September 30, 2019 to give the McNalls an additional opportunity to retain new counsel. 2 The court cautioned the
Summary: ORDER DISMISSING CASE WITHOUT PREJUDICE TO THE GOVERNMENT LAUREL BEELER , Magistrate Judge . The court assumes the reader's familiarity with the subject matter and procedural history of this case. On August 29, 2019, the court granted Cotchett, Pitre, and McCarthy, LLP's motion to withdraw as counsel for the relators, Michael and Karyl McNall. 1 The court stayed the case until September 30, 2019 to give the McNalls an additional opportunity to retain new counsel. 2 The court cautioned the ..
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ORDER DISMISSING CASE WITHOUT PREJUDICE TO THE GOVERNMENT
LAUREL BEELER, Magistrate Judge.
The court assumes the reader's familiarity with the subject matter and procedural history of this case. On August 29, 2019, the court granted Cotchett, Pitre, and McCarthy, LLP's motion to withdraw as counsel for the relators, Michael and Karyl McNall.1 The court stayed the case until September 30, 2019 to give the McNalls an additional opportunity to retain new counsel.2 The court cautioned the McNalls that if they failed to retain new counsel on or before the expiration of the stay, the court would dismiss this case without prejudice to the government.3 The McNalls have not retained new counsel (and have not filed a motion for an extension of time).4
A pro se plaintiff cannot bring a qui tam action or pursue a False Claims Act claim on behalf of the United States. Stoner v. Santa Clara Cty. Office of Educ., 502 F.3d 1116, 1126-28 (9th Cir. 2007). As the McNalls have not retained new counsel, they cannot proceed with this case. The court therefore dismisses the case without prejudice to the government.
IT IS SO ORDERED.
FootNotes
1. Order — ECF No. 71. Citations refer to material in the Electronic Case File ("ECF"); pinpoint citations are to the ECF-generated page numbers at the top of documents.
2. Id. at 6.
3. Id.
4. See Docket.
Source: Leagle
