Stanley et al v. Iron Mountain, Inc. et al

Filing 57

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 12/31/2014 ORDERING that all claims asserted in this action on behalf of the United States are DISMISSED with prejudice as to Relators. All claims in this action for Covered Conduct as defined in the Agreement among the Parties are DISMISSED with prejudice as to the United States. All other claims asserted in this action on behalf of the United States are DISMISSED without prejudice as to the United States. The United States and D efendants shall each bear their own costs, fees and expenses with respect to the claims asserted in this action on behalf of the United States. This Order does not dismiss any claims of the relators, their counsel, the State of California, or any of its political subdivisions under the California False Claims Act, Cal. Govt Code, §§ 12650, et seq. (Zignago, K.)

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BENJAMIN B. WAGNER
United States Attorney
CATHERINE J. SWANN
Assistant United States Attorney
501 I Street, 10th Floor
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]
JOYCE R. BRANDA
Acting Assistant Attorney General
MICHAEL D. GRANSTON
SARA MCLEAN
GREGORY PEARSON
Department of Justice
Civil Division
Commercial Litigation Branch
P. O. Box 261
Benjamin Franklin Station
Washington, D.C. 20044
Telephone: [phone]
Facsimile: [phone]
Attorneys for the United States of America

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES AND STATE OF
CALIFORNIA, ex rel., BRENT STANLEY,
and PATRICK McKILLOP

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Plaintiffs,

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[PROPOSED] ORDER OF
DISMISSAL RE CLAIMS OF THE
UNITED STATES

vs.

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Case No. 2:11-cv-3260 GEB DAD

IRON MOUNTAIN, INC., and IRON
MOUNTAIN INFORMATION
MANAGEMENT, INC.,

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Defendants.

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Pursuant to Federal Rule of Civil Procedure 41(a) and the False Claims Act, 31 U.S.C. §

25 3730(b)(1), the United States of America, Relators Brent Stanley and Patrick McKillop, and
26 defendants Iron Mountain Incorporated and Iron Mountain Information Management LLC 1
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Iron Mountain Information Management LLC is the successor to Iron Mountain Information
28 Management, Inc.
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29 [Proposed] Order on Joint
Stipulation of Dismissal

1 (collectively, the “Parties”) have filed a Joint Stipulation of Dismissal in accordance with the
2 terms of a settlement agreement (“Agreement”) entered into among the Parties effective as of
3 December 17, 2014.
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Upon consideration of the Joint Stipulation, it is hereby ORDERED that, subject to the terms

5 and conditions of the Agreement:
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1.

All claims asserted in this action on behalf of the United States are dismissed with

7 prejudice as to Relators.
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2.

All claims in this action for Covered Conduct as defined in the Agreement among the

9 Parties are dismissed with prejudice as to the United States. All other claims asserted in this action
10 on behalf of the United States are dismissed without prejudice as to the United States.
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3.

The United States and Defendants shall each bear their own costs, fees and expenses

12 with respect to the claims asserted in this action on behalf of the United States.
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4.

The rights of relators and/or their counsel to seek recovery of reasonable expenses,

14 fees and costs, including attorney’s fees and costs related to the Civil Action, are governed by the
15 False Claims Act, 31 U.S.C. §§ 3729 et seq., and the California False Claims Act, Cal. Gov’t Code,
16 §§ 12650, et seq. The Parties stipulate to the Court retaining jurisdiction over this matter to resolve
17 any dispute that may arise relating to such rights.
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This Order does not dismiss any claims of the relators, their counsel, the State of

19 California, or any of its political subdivisions under the California False Claims Act, Cal. Gov’t
20 Code, §§ 12650, et seq.
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IT IS SO ORDERED.

23 Dated: December 31, 2014
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[Proposed] Order on Joint
Stipulation of Dismissal

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