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

Filing 59

ORDER signed by Judge Garland E. Burrell, Jr. on 12/31/2014 ORDERING that all claims asserted in this action against Iron Mountain on behalf of the State of California or any of its political subdivisions are DISMISSED with prejudice as to Relators , except as otherwise provided in the Agreement. Except as otherwise provided in the Agreement, all claims in this action for Covered Conduct as defined in the Agreement among the Parties are DISMISSED with prejudice as to the State of California. Al l other claims asserted in this action on behalf of the State of California are DISMISSED without prejudice as to the State of California. The State of California and Iron Mountain shall bear their own costs related to the claims asserted in this action on behalf of the State of California. (Zignago, K.)

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Kamala D. Harris, SBN: 146672 1 7 Attorney General of California LARRY G. RASKIN, SBN: 116112 Supervising Deputy Attorney General RACHEL A. COLES, SBN: 229291 Deputy Attorney General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 322-1272 Fax: (916) 323-6882 E-mail: Rachel.Coles@doj.ca.gov 8 Attorneys for the State of California 2 3 4 5 6 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 13 14 UNITED STATES ex rel. BRENT STANLEY and PATRICK McKILLOP, and STATE OF CALIFORNIA et al., ex rel. BRENT STANLEY and PATRICK McKILLOP, 15 16 17 18 Plaintiffs-Relators, vs. IRON MOUNTAIN, INC. and IRON MOUNTAIN INFORMATION MANAGEMENT, INC., 19 Defendants. 20 21 22 23 24 25 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2:11-CV-3260 GEB DAD [PROPOSED] ORDER DISMISSING THE CLAIMS OF THE STATE OF CALIFORNIA Pursuant to Federal Rule of Civil Procedure 41(a) and the California Government Code § 12652(c)(1), the State of California (excluding any political subdivisions of the State and the University of California, as defined by the California Government Code §§ 12650, et seq.), Relators Brent Stanley and Patrick McKillop, and Defendant Iron Mountain Incorporated and Iron Mountain Information Management, LLC1 (together, “Iron Mountain”) (collectively, the “Parties”) have filed 26 27 1 28 Iron Mountain Information Management, LLC is the successor to Iron Mountain Information Management, Inc. 1 a Joint Stipulation of Dismissal in accordance with the terms of a settlement agreement 2 (“Agreement”) entered into among the Parties effective as of December 17, 2014. 3 Upon consideration of the Joint Stipulation, it is hereby ORDERED that: 4 1. All claims asserted in this action against Iron Mountain on behalf of the State of 5 California or any of its political subdivisions are dismissed with prejudice as to Relators, except as 6 otherwise provided in the Agreement. 7 2. Except as otherwise provided in the Agreement, all claims in this action for Covered 8 Conduct as defined in the Agreement among the Parties are dismissed with prejudice as to the State 9 of California. All other claims asserted in this action on behalf of the State of California are 10 11 12 13 dismissed without prejudice as to the State of California. 3. The State of California and Iron Mountain shall bear their own costs related to the claims asserted in this action on behalf of the State of California. 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 this action, are governed by the 15 California False Claims Act, Cal. Gov’t Code, §§ 12650, et seq. The Court shall retain jurisdiction 16 over this matter to resolve any dispute that may arise relating to such claims. 17 18 19 IT IS SO ORDERED. Dated: December 31, 2014 20 21 22 23 24 25 26 27 28 2

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