United States of America et al v. APL Limited et al

Filing 31

STIPULATION AND ORDER DISMISSING CASE re 30 Proposed Order filed by United States of America. Signed by Chief Magistrate Judge MARIA-ELENA JAMES on 1/18/12. (bjt, COURT STAFF) (Filed on 1/18/2012)

TONY WEST
Assistant Attorney General
MELINDA HAAG (CA Bar No. 132612)
United States Attorney
JOANN M. SWANSON (CA Bar No. 88 143)
Chief, Civil Division
STEVEN J. SALTIEL (CA Bar No. 202292)
Assistant United States Attorney
450 Golden Gate Avenue, BOX 36055
San Francisco, California 94 102
Telephone: [phone]
Facsimile: (4 15) 43 6-6748
e-mail: steven.saltiel@,usdo_i.gov
JOYCE R. BRANDA
MICHAL TINGLE
ANDREW A. STEINBERG
U.S. Department of Justice
P.O. Box 261
Ben Franklin Station
Washington, D.C. 20044
Telephone: [phone]
4ttorneys for the United States of America

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO HEADQUARTERS
LTNITED STATES ex rel. JERRY H. BROWN, )
:I,
)
Plaintiffs,
v.
APL LIMITED, et al.,
Defendants.

)
)
)

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1
1
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No. C 04-4424 MEJ

STIPULATION OF DISMISSAL;
[PROPOSED] ORDER

5

1. The United States of America and Relator Jerry H. Brown 11, by and through their
undersigned attorneys, hereby stipulate to the dismissal of this action as to Defendants Maersk
Line Limited and A.P. Moller - Maersk Group (collectively, "Maersk Defendants"), pursuant
to Fed. R. Civ. P. 41(a)(l), in accordance with the Settlement Agreement and the terms set
forth below.
STIPULATION OF DISMISSAL AND [PROPOSED] ORDER
E 04-4424 MEJ

IPROPOSEDl ORDER
PURSUAIVT TO STIPULATION, AND FOR GOOD CAUSE SHOWN, IT IS
HEREBY ORDERED THAT:
1. This action is dismissed as to Defendants Maersk Line Limited and A.P.

Moller - Maersk Group pursuant to the terms and conditions of the Settlement Agreement
among the United States, the Relator, and the Maersk Defendants. Dismissal is with prejudice
to the Relator, and with prejudice to the United States to the extent of the "FCA Covered
Conduct" as that term is defined in the Settlement Agreement, but otherwise without prejudice
to the United States;

2. Except as expressly provided to the contrary in the Settlement Agreement,
each party shall bear its own legal and other costs incurred in connection with this matter; and
3. The Court shall retain jurisdiction over any disputes that may arise

concerning compliance with the Settlement Agreement.

IT IS SO ORDERED.

Dated: 1/18/2012
HON. MARIA-ELENA JAMES
United States Magistrate Judge

STIPULATION OF DISMISSAL AND [PROPOSED] ORDER
C 04-4424 MEJ