Schmuckley et al v. Rite Aid Corporation

Filing 499

ORDER signed by Senior District Judge Kimberly J. Mueller on 10/23/2024 DISMISSING United States without prejudice, and DISMISSING all claims asserted in this case as to Relator, provided the United States Bankruptcy Court for the District of New J ersey. All claims asserted in this action for the Covered Conduct as that term is defined in the Settlement Agreement between California, Relator and Defendants are DISMISSED with prejudice as to California. All other claims asserted in this action are DISMISSED without prejudice as to California, and any other named governmental plaintiff. United States and State of California terminated. (Lopez, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 United States of America, and the State of California, et al., ex rel. Lloyd F. Schmuckley, Jr. v. 14 Rite Aid Corporation, et al., Defendants. 16 17 18 State of California ex rel. Lloyd F. Schmuckley, Jr., Plaintiffs, 19 20 21 ORDER Plaintiffs, 13 15 CASE NO. 2:12-cv-1699-KJM JDP v. Rite Aid Corporation, et al., Defendants. 22 23 24 25 26 The Court has considered the parties’ Notice of Withdrawal, ECF No. 497 and Stipulation and Proposed Order for Withdrawal, ECF No. 498. In consideration of the same, and for good cause shown, IT IS HEREBY ORDERED that: 27 28 ///// 1 1 1. The United States is dismissed without prejudice pursuant to U.S.C. § 3730(b)(1); 2 2. All claims asserted in this case are dismissed with prejudice as to Relator, provided the 3 United States Bankruptcy Court for the District of New Jersey shall retain jurisdiction to 4 make an award to the Relator and/or his counsel of reasonable attorney’s fees, expenses and 5 costs resulting from this action pursuant to U.S.C. § 3730(d) and Cal. Gov’t Code § 12652(g) 6 as provided in a Stipulation and Consent Order in the Bankruptcy Court dated August 28, 7 2024 as amended on September 25, 2024; and 8 3. All claims asserted in this action for the Covered Conduct as that term is defined in the 9 Settlement Agreement between California, Relator and Defendants are dismissed with 10 prejudice as to California. All other claims asserted in this action are dismissed without 11 prejudice as to California, and any other named governmental plaintiff. 12 IT IS SO ORDERED. 13 DATED: October 23, 2024. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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