Gacek v. Premier Medical Management Inc.

Filing 157

ORDER re: 155 Joint Stipulation of Dismissal. This case is DISMISSED W/PREJUDICE as to Mark R. Gacek's individual claims w/the parties to bear their own attnys' fees & costs. The case is DISMISSED WITHOUT PREJUDICE as to those claims brought by Gacek on behalf of the United States. Clerk is DIRECTED to close this case. Signed by District Judge Terry F. Moorer on 1/28/19. (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
UNITED STATES OF AMERICA
ex rel., Mark R. Gacek, Sr.,
Plaintiff,

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:
:

v.

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PREMIER MEDICAL
MANAGEMENT, INC.

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:

Defendant.

CIVIL ACTION NO. 1:14-cv-342-TFM-B

:
ORDER

Pending before the court the parties’Joint Stipulation of Dismissal (Doc. 155, filed January
28, 2019). Generally, the Federal Rules of Civil Procedure permit a plaintiff to voluntarily dismiss
the action without an order of the court “by filing a notice of dismissal before the opposing party
serves either an answer or a motion for summary judgment” or “a stipulation signed by all parties
who have appeared.” FED. R. CIV. P. 41(a)(1)(A). However, claims brought on behalf of the
United States pursuant to the False Claims Act require an extra step in the analysis. (See Doc.
149).
After the Court issued its prior ruling, the parties ultimately agreed that a settlement had
been reached and the dismissal would be with prejudice as to Relator Mark R. Gacek, Sr., and
without prejudice as to the United States. (See Doc. 150). The joint stipulation is not completely
clear as to that fact. However, when considered in conjunction with the prior status reports and
this Court’s previous order, the Court finds that the joint stipulation is sufficient. (See Docs. 149155).
Consequently, by operation of Rule 41, this action has been dismissed in accordance with
the joint notice with the consent of the United States. Therefore, this case is dismissed with

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prejudice as to Mark R. Gacek, Sr.’s, individual claims with the parties to bear their own attorneys’
fees and costs. The case is dismissed without prejudice as to those claims brought by Gacek on
behalf of the United States.
The Clerk of the Court is DIRECTED to close this case.
DONE and ORDERED this 28th day of January 2019.
/s/ Terry F. Moorer
TERRY F. MOORER
UNITED STATES DISTRICT JUDGE

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