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United States ex rel. Thrash v. Coca-Cola Co.

United States District Court, N.D. California, San Francisco Division

March 4, 2014

UNITED STATES OF AMERICA ex rel. THOMAS P. THRASH, Plaintiff,
v.
THE COCA-COLA COMPANY and COCA-COLA REFRESHMENTS USA, INC., Defendants.

Ben F. Pierce Gore, PRATT & ASSOCIATES, San Jose, CA, Don Barrett, BARRETT LAW GROUP, P.A., Lexington, MS, Jay Nelkin, NELKIN & NELKIN, P.C., Houston, Texas, Attorneys for Plaintiff.

RELATOR'S VOLUNTARY MOTION TO DISMISS WITHOUT PREJUDICE; [PROPOSED] ORDER

JOSEPH C. SPERO, Magistrate Judge.

Relator THOMAS P. THRASH, through his attorneys, moves this Court for an order dismissing this action without prejudice, and states as follows:

1. 31 U.S.C. ยง 3730 requires that before a Relator can dismiss a suit filed under the False Claims Act, that the United States Department of Justice consent to the dismissal, and that the Court approve the dismissal.

2. On February 6, 2014, the United States Attorney's Office for the Northern District of California ("DOJ"), on behalf of the United States, declined to intervene in this action.

3. On March 3, 2014, Relator notified the DOJ that Relator intended to move for dismissal of this action without prejudice as to Relator and the United States. See Declaration of Pierce Gore In Support of Relator's Voluntary Motion to Dismiss Without Prejudice.

4. On March 3, 2014, the DOJ notified Relator's counsel that the DOJ consented to a dismissal without prejudice as to Relator and the United States. Id.

WHEREFORE, Relator moves this Court for a dismissal of the above-entitled action, without prejudice as to Relator and the United States.

[PROPOSED] ORDER

Good cause appearing therefor, IT IS HEREBY ORDERED that the above-captioned action is DISMISSED WITHOUT PREJUDICE AS TO RELATOR AND THE UNITED STATES.


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