Ricks et al v. Menlo Worldwide Government Services, LLC et al

Filing 34

ORDER signed by District Judge Kimberly J. Mueller on 5/5/2016 ORDERING that Counts I through III of this action are hereby DISMISSED with prejudice as to Relators, and with prejudice as to the US for the Covered Conduct as set forth in their Settlem ent Agreement with Menlo Worldwide Government Services, LLC, Menlo Logistics, Inc., Con-Way Inc., XPO Logistics, Inc., Estes Forwarding Worldwide LLC. and Estes Express Lines; IT IS FURTHER ORDERED that Relator Cuellar's Counts IV and V, and bo th Relators' claims for their reasonable expenses, attorneys' fees and costs against Defendants under 31:3730(d)(1), shall remain pending and this Court shall retain jurisdiction over those claims until such time as those issues are fully and finally resolved. (Reader, L)

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PHILLIP A. TALBERT Acting United States Attorney 2 KELLI L. TAYLOR Assistant United States Attorney 3 501 I Street, Suite 10-100 Sacramento, CA 95814 4 Telephone: (916) 554-2700 Facsimile: (916) 554-2900 5 Attorneys for the United States 6 1 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES, ex rel. RICHARD RICKS and MARCELO CUELLAR, 12 15 16 17 ORDER ON THE UNITED STATES’ AND RELATORS’ JOINT STIPULATION OF VOLUNTARY DISMISSAL OF COUNTS I THROUGH III OF THIS ACTION Plaintiffs, 13 14 CASE NO. 2:13-CV-539 KJM AC v. MENLO WORLDWIDE GOVERNMENT SERVICES, LLC; MENLO LOGISTICS, INC.; CON-WAY INC.; XPO LOGISTICS, INC.; ESTES FORWARDING WORLDWIDE LLC; ESTES EXPRESS LINES; and DOES 1 through 25, Defendants. 18 19 Upon consideration of the United States’ and Relators’ Joint Stipulation of Voluntary Dismissal 20 of Counts I through III of this Action, pursuant to the terms of the Settlement Agreement between the 21 parties and the Relator Share Agreement between the United States and Relators, and for good cause 22 shown, 23 IT IS HEREBY ORDERED that Counts I through III of this action are hereby dismissed with 24 prejudice as to Relators, and with prejudice as to the United States for the Covered Conduct as set forth 25 in their Settlement Agreement with Defendants Menlo Worldwide Government Services, LLC; Menlo 26 Logistics, Inc.; Con-Way Inc.; XPO Logistics, Inc.; Estes Forwarding Worldwide LLC; and Estes 27 Express Lines; 28 ///// ORDER ON JOINT STIPULATION OF VOLUNTARY DISMISSAL OF COUNTS I-III 1 1 IT IS FURTHER ORDERED that Relator Cuellar’s Counts IV and V, and both Relators’ claims 2 for their reasonable expenses, attorneys’ fees and costs against Defendants under 31 U.S.C. § 3 3730(d)(1), shall remain pending and this Court shall retain jurisdiction over those claims until such 4 time as those issues are fully and finally resolved. 5 6 IT IS SO ORDERED. Dated: May 5, 2016 7 8 UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER ON JOINT STIPULATION OF VOLUNTARY DISMISSAL OF COUNTS I-III 2

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