United States of America, ex rel. v. Singulex, Inc.

Filing 19

STIPULATION AND ORDER re 18 . STIPULATION WITH PROPOSED ORDER JOINT STIPULATION OF VOLUNTARY DISMISSAL; [PROPOSED] ORDER filed by Singulex, Inc., United States of America, ex rel. ***Civil Case Terminated. Signed by Magistrate Judge Kandis A. Westmore on 9/18/18. (sisS, COURT STAFF) (Filed on 9/18/2018)

1 ALEX G. TSE (CABN 152348)
United States Attorney
2 SARA WINSLOW (DCBN 457643)
Chief, Civil Division
3 REBECCA A. FALK (CABN 226798)
Assistant United States Attorney
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450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
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Telephone: [phone]
FAX: [phone]
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[e-mail]
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Attorneys for United States of America
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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UNITED STATES OF AMERICA, ex rel.
) CASE NO. C 16-5241 KAW
)
12 VICKI SWARTZELL and JOHN DOE,
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Plaintiffs,
) JOINT STIPULATION OF VOLUNTARY
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) DISMISSAL; [PROPOSED] ORDER
v.
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)
)
15 SINGULEX, INC.
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)
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STIPULATION OF VOLUNTARY DISMISSAL & [PROPOSED] ORDER
16-5241 KAW

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Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure and the qui tam provisions of the

2 False Claims Act (FCA), 31 U.S.C. § 3730(b)(1), and in accordance with and subject to all of the terms
3 and conditions of the settlement agreement among the United States, Relators, and Singulex, Inc.,
4 effective August 21, 2018 (the “Settlement Agreement”), the United States and Relators Vicki Swartzell
5 and Jim Vandermeer (“Relators”), hereby stipulate, through their undersigned counsel, as follows:
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1. As to the United States, the claims against Defendant are dismissed (a) with prejudice as to

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the Covered Conduct released in the Settlement Agreement, subject to all of the terms of the

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Settlement Agreement, and (b) without prejudice as to any other claims.

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2. As to Relators, all claims against Defendant are dismissed with prejudice, subject to all of the

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terms of the Settlement Agreement, except that Relators have specifically reserved and do

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not release Defendant from any claims for expenses, costs, and attorney’s fees under 31

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U.S.C. § 3730(d), or from any claims by Relator Vicki Swartzell under 31 U.S.C. §§ 3730(h)

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and under Wisconsin law for unpaid wages.

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3. A copy of the Settlement Agreement will be provided to the Court upon request.

15 IT IS SO STIPULATED
16 DATED: September 14, 2018
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Respectfully submitted,
ALEX G. TSE
United States Attorney

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/s Rebecca A. Falk1
REBECCA A. FALK
Assistant United States Attorney

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22 DATED: September 19, 2018

LAW OFFICES OF JOEL H. SIEGAL

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s/ Joel H. Siegal______________
Joel H. Siegal
Attorneys for Relator

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I, Rebecca A. Falk, hereby attest, in accordance with the Civil L.R. 5(i)(3), the concurrence in
the filing of this document has been obtained from the other signatories listed here.
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STIPULATION OF VOLUNTARY DISMISSAL & [PROPOSED] ORDER
16-5241 KAW

[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED. The Court directs the Clerk to

3 close this case pursuant to the settlement agreement between the parties.
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IT IS SO ORDERED.

18th
September
6 This _____ day of ___________, 2018.

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__________________________________

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HON. KANDIS A. WESTMORE
United States Magistrate Judge

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STIPULATION OF VOLUNTARY DISMISSAL & [PROPOSED] ORDER
16-5241 KAW