Schmuckley v. Kmart Corporation

Filing 33

ORDER signed by District Judge Kimberly J. Mueller on 3/13/2018 ORDERING that All claims asserted in this action are DISMISSED with prejudice as to Relator;All claims asserted in this action for the Covered Conduct as that term is defined in the Sett lement Agreement between the U.S., California, Relator, and defendant Kmart Corporation, are DISMISSED with prejudice as to the U.S. and California All other claims asserted in this action are DISMISSED without prejudice as to the United States and California. CASE CLOSED(Reader, L)

1 MCGREGOR W. SCOTT
United States Attorney
2 CATHERINE J. SWANN
Assistant United States Attorney
3 501 I Street, 10th Floor
Sacramento, California 95814
4 Telephone: [phone]
Facsimile: [phone]
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6 Attorneys for the United States of America
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA, and
STATES OF ARKANSAS, CALIFORNIA,
COLORADO, DELAWARE, FLORIDA,
GEORGIA, HAWAII, ILLINOIS, INDIANA,
IOWA, LOUISIANA, MARYLAND,
MASSACHUSETTS, MICHIGAN,
MINNESOTA, MONTANA, NEVADA, NEW
JERSEY, NEW MEXICO, NEW YORK,
NORTH CAROLINA, OKLAHOMA,
TENNESSEE, TEXAS, VIRGINIA,
WASHINGTON and WISCONSIN ex rel.
LOYD F. SCHMUCKLEY, JR.,

CASE NO: 2:15-CV-2307 KJM EFB
ORDER ON STIPULATION OF DISMISSAL

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Plaintiffs,
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v.
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KMART CORPORATION,
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Defendants.
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Upon consideration of the Joint Stipulation of Dismissal filed by the United States, California

23 and Relator, Loyd F. Schmuckley, Jr., (Relator), it is hereby ORDERED that:
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1) All claims asserted in this action are dismissed with prejudice as to Relator;

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2) All claims asserted in this action for the Covered Conduct as that term is defined in the

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Settlement Agreement between the United States, California, Relator, and defendant

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Kmart Corporation, are dismissed with prejudice as to the United States and California.

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ORDER ON STIPULATION OF DISMISSAL

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3) All other claims asserted in this action are dismissed without prejudice as to the United
States and California.
IT IS SO ORDERED.

4 DATE: March 13, 2018.
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UNITED STATES DISTRICT JUDGE

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ORDER ON STIPULATION OF DISMISSAL

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CERTIFICATE OF SERVICE BY ELECTRONIC MAIL
The undersigned hereby certifies that she is an employee in the Office of the United States

3 Attorney for the Eastern District of California and is a person of such age and discretion to be
4 competent to serve papers.
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That on March 8, 2018, she served a copy of:

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[PROPOSED] ORDER ON STIPULATION OF DISMISSAL

7 by sending via electronic mail to the following individual(s) at the noted email address(es).
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Addressee(s):
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10 Wm. Paul Lawrence II
WATERS & KRAUS
11 [e-mail]
37163 Mountville Road
12 Middleburg, VA 20117
13 Emmanuel Salazar
[e-mail]
14 Bureau of Medi-Cal Fraud and Elder Abuse
2329 Gateway Oaks Drive, Suite 200
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Sacramento, CA 95833-4252
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/s/Kimberly Siegfried
KIMBERLY SIEGFRIED
Legal Assistant

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