Bailey et al v. Gatan, Inc. et al

Filing 23

ORDER signed by Chief Judge Morrison C. England, Jr on 5/10/13 ORDERING that Plaintiff and Relator Richard Roe's MOTION for Voluntary withdraw as a party to this case is GRANTED and Richard Roe is withdrawn and DISMISSED as a party to this case.(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA, and
STATE OF CALIFORNIA, ex rel.
BRENT BAILEY, EMILY WADE, and
RICHARD ROE,
Plaintiffs,

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No. 2:12-cv-00106-MCE-CKD

ORDER

v.
GATAN, INC., ROPER INDUSTRIES,
INC. and DOES 1 through 100,
inclusive,
Defendants.

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Relator and Plaintiff Richard Roe voluntarily moved for an order dismissing

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himself as a Relator and Plaintiff in this case. Federal Rule of Civil Procedure 41(a)

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provides that voluntary dismissal is permitted “before the opposing party serves either an

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answer or a motion for summary judgment.” Fed. R. Civ. P. 41(a). Here, no opposing

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party has filed an answer or a motion for summary judgment, and counsel for Plaintiff

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Richard Roe has declared that the United States, the State of California, and the two

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remaining Plaintiffs and Relators consent to the withdrawal and dismissal of Plaintiff and

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Relator Richard Roe. Withdrawal and dismissal of Plaintiff Richard Roe does not

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constitute dismissal, withdrawal, or release of claims made on behalf of the real parties
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in interest, the United States, and the State of California, or made on behalf of the two

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remaining Plaintiffs and Relators.

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Accordingly, Plaintiff and Relator Richard Roe’s motion to voluntarily withdraw as

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a party to this case is GRANTED (ECF No. 18) and Richard Roe is withdrawn and

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dismissed as a party to this case.

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IT IS SO ORDERED.

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DATE: May 10, 2013

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___________________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT COURT

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