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

Filing 65

ORDER signed by Judge Garland E. Burrell, Jr. on 3/27/2015 ORDERING the parties to file a dispositional document by 5/1/2015; WARNING all parties that a failure to respond to this deadline may be construed as consent to dismissal of this action without prejudice, and a dismissal order could be filed. See E.D. Cal. R. 160(b). (Michel, G.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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

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No.

2:11-cv-03260-GEB-DAD

ORDER

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

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Defendants.

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On

March

12,

2015,

an

order

issued

requiring

the

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parties to “file a joint status report no later than . . . March

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19, 2015, in which they . . . explain the status of this action

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and why the action should not be closed.” (Order, ECF No. 63.)

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The State of California and Relators Brent Stanley and Patrick

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McKillop filed a Joint Status Report in response on March 19,

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2015, stating:

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Pursuant to Federal Rule of Civil
Procedure 41(a) and California Government
Code § 12652(c)(1), the State of California,
Relators Brent Stanley and Patrick McKillop,
and Defendants Iron Mountain Incorporated and
Iron Mountain Information Management, LLC
(collectively,
the
“Parties”)
previously
filed a Joint Stipulation of Dismissal in
accordance with the terms of a settlement
agreement entered into among the Parties
effective as of December 17, 2014. See ECF
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No. 56. Pursuant to the Parties’ stipulation,
on December 31, 2014[,] the Court entered an
Order Dismissing the Claims of the State of
California, in which inter alia, the claims
of
Relators
were
dismissed
“except
as
otherwise provided in the Agreement.” See ECF
No. 59. The Agreement specifically provides,
inter alia, that Relators do not release “any
claims to entitlement under Cal. Gov’t Code §
12652(g) to a share of the proceeds of this
Settlement Agreement.” Agreement at ¶ 4. The
State of California and Relators have reached
an agreement in principle regarding Relators’
share of the proceeds of the settlement with
the State of California but have not yet
finalized that agreement. Other than the
issue of Relators’ share of the proceeds of
the settlement with the State of California,
Relators and the State of California both
agree to the case being closed. The Relators
have already resolved their relators’ share
claims with the United States, San Bernardino
County, and Santa Clara County.
Accordingly, in order to provide the
parties’ time to finalize their agreement
regarding Relators’ share of the State
settlement,
Relators
and
the
State
of
California respectfully request that the
Court enter an Order to the effect that this
action will be closed as of May 1, 2015
unless Relators or the State of California
request otherwise prior to that date.
Iron Mountain has indicated to relators’
counsel that it consents to this request.
Counsel for the County of San Diego has
also indicated the following to relators’
counsel: With the understanding that none of
the orders of dismissal entered in this
matter dismisses with prejudice any claims of
the County of San Diego, the County of San
Diego has no objection to the closing of this
case.
(Joint Status Report, ECF No. 64 (emphasis added).)

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Based on the parties’ representations concerning the

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matters that remain to be resolved and the anticipated timing to

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do so, a dispositional document shall be filed no later than May

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1, 2015. Failure to respond by this deadline may be construed as
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consent to dismissal of this action without prejudice, and a

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dismissal order could be filed.

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failure to file dispositional papers on the date prescribed by

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the Court may be grounds for sanctions.”).

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IT IS SO ORDERED.
Dated:

March 27, 2015

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See E.D. Cal. R. 160(b) (“A