United States District Court, N.D. California
MARGERY Q. LEE (SBN 096824), WILLIAMS. FISKE (SBN 246099), Concord, CA, Attorneys for Defendant North American Title Insurance Company.
Yelena Gurevich Esq., CONSUMER ACTION LAW GROUP, P.C. Attorneys for Plaintiff RONALD PADILLA
William S. Fiske, Esq., Attorneys for Defendant NORTH AMEIRICAN TITLE INSURANCE COMPANY
MELINDA HAAG United States, Attorney
DOUGLAS K. CHANG Assistant United States Attorney
STIPULATION OF VOLUNTARY DISMISSAL OF DEFENDANT NORTH AMERICAN TITLE INSURANCE COMPANY; AND
MAXINE M. CHESNEY, District Judge.
The below-identified parties, by and through their counsel of record, submit the following Recitals, Stipulation, and proposed form of Order pursuant to Local Rule 7-12, 31 U.S.C. section 3730(b)(1), and F.R.C.P. Rule 41(a)(1)(A)(i).
WHEREAS, Plaintiff RONALD PADILLA ("Plaintiff') filed the instant qui tam action on May 16, 2013;
WHEREAS, subject to any applicable federal statute, under F.R.C.P. Rule 41 subsection (a)(1)(A)(i), a plaintiff may voluntarily dismiss a defendant by filing a notice of dismissal before the defendant serves either an answer or a motion for summary judgment;
WHEREAS, Defendant North American Title Insurance Company ("NATIC") has not filed an answer to or motion for summary judgment concerning either the Complaint or the First Amended Complaint on file in the above-captioned action;
WHEREAS, the United States of America filed on August 22, 2013 its Notice of Election to Decline Intervention (the "Notice") (Docket No. 9), which provides in pertinent part that pursuant to 31 U.S.C. section 3730(b)(1), claims asserted in the qui tam " action may be dismissed only if the court and the Attorney General give written consent to the dismissal and their reasons for consenting";
WHEREAS, NATIC is not named as a defendant in Plaintiff's First Amended Complaint filed on January 24, 2014 and Plaintiff makes no charging allegations against it;
WHEREAS, though named as a defendant in the original Complaint, Plaintiff's charging allegations did not include any against NATIC, said allegations were instead directed to various ...