Schmuckley v. Walgreen Co.

Filing 58

ORDER ON STIPULATION OF DISMISSAL signed by District Judge Kimberly J. Mueller on 5/2/17 ORDERING that All claims asserted in this action are dismissed with prejudice as to Relator, provided that the Court shall retain jurisdiction to make an award to the Relator and/or his counsel of reasonable attorneyS' fees, expenses and costs resulting from this action pursuant to 31 U.S.C. § 3730(d) and Cal. Govt Code§ 12652(g). All claims asserted in this action for the Covered Conduct as that term is defined in the Settlement Agreement between the United States, California, Relator, and defendant Walgreen Co. are DISMISSED with prejudice as to the United States and California. All other claims asserted in this action are DISMISSED without prejudice as to the United States, California, and any other named governmental plaintiff. CASE CLOSED.(Mena-Sanchez, L)

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XAVIER BECERRA
Attorney General of California
SARALYN M. ANG-OLSON
Senior Assistant Attorney General
VINCENT DICARLO
Supervising Deputy Attorney General
BERNICE L. LOUIE YEW, State Bar No. 114601
Deputy Attorney General
EMMANUEL R. SALAZAR, State Bar No. 240794
2329 Gateway Oaks Drive, Suite 200
Sacramento, CA 95833
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

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Attorneys for State of California
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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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

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Case No. 2:17-cv-0673 KJM CKD
ORDER ON STIPULATION OF
DISMISSAL

Plaintiffs,

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v.

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WALGREEN CO. dba WALGREENS,
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Defendant.
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ORDER ON STIPULATION OF DISMISSAL

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Upon consideration of the Stipulation of Dismissal filed by California and relator Loyd F.

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Schmuckley Jr. (“Relator”), it is hereby ORDERED that:

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1)

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that the Court shall retain jurisdiction to make an award to the Relator and/or his counsel of

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reasonable attorneys' fees, expenses and costs resulting from this action pursuant to 31 U.S.C. §

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3730(d) and Cal. Gov't Code§ 12652(g);

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2)

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

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Co. are dismissed with prejudice as to the United States and California. All other claims asserted

All claims asserted in this action are dismissed with prejudice as to Relator, provided

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

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in this action are dismissed without prejudice as to the United States, California, and any other

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named governmental plaintiff.

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IT IS SO ORDERED.
DATED: May 2, 2017

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UNITED STATES DISTRICT JUDGE

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ORDER ON STIPULATION OF DISMISSAL