Mann v. Contri et al

Filing 23

STIPULATION and ORDER of DISMISSAL signed by Judge Frank C. Damrell, Jr on 1/27/09 ORDERING that the dismissal shall be with prejudice as to the Relator; with prejudice to the United States to the extent of the Covered Conduct, as that term is defined in the Settlement Agreement, and otherwise without prejudice to the United States. CASE CLOSED.(Duong, D)

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LAWRENCE G. BROWN Acting United States Attorney CATHERINE J. SWANN Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: [phone] Attorneys for United States of America

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA, ex rel. MARK MANN, Plaintiffs, v. TED ERNEST CONTRI, CONTRI CONSTRUCTION COMPANY, and MERCER, FRASER COMPANY, Defendants.

2:06-CV-1219 FCD-DAD

ORDER ON STIPULATION OF DISMISSAL

ORDER Upon consideration of the Stipulation of Dismissal of Relator's First Amended Complaint, filed by the United States and Relator Mark Mann ("Relator"), it is hereby ORDERED that the First Amended Complaint is dismissed. Pursuant to and consistent with the terms of the Settlement Agreement between the United States, Relator, and Defendants, dated November 10, 2008 (hereinafter "Settlement Agreement"), the dismissal shall be with prejudice as to the Relator; with prejudice to the United States to the extent of the Covered Conduct, as that 1

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term is defined in the Settlement Agreement, and otherwise without prejudice to the United States. IT IS SO ORDERED.

DATED: January 27, 2009

_______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE

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