Hollis v. Kim et al

Filing 34

STIPULATION AND ORDER OF DISMISSAL re 33 . STIPULATION WITH PROPOSED ORDER Joint Stipulation of Voluntary Dismissal filed by Kimmara Hollis, United States of America. ***Civil Case Terminated. Signed by Magistrate Judge Kandis A. Westmore on 5/11/18. (sisS, COURT STAFF) (Filed on 5/11/2018)

1 ALEX G. TSE (CABN 152348)
Acting United States Attorney
2 SARA WINSLOW (DCBN 457643)
Chief, Civil Division
3 KIMBERLY FRIDAY (MABN 660544)
Assistant United States Attorney
4
450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
5
Telephone: [phone]
FAX: [phone]
6
[e-mail]
7
Attorneys for the United States
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10
OAKLAND DIVISION
11
12

UNITED STATES ex rel. KIMMARA
HOLLIS,

13
Plaintiffs,
14
v.
15
HYO KIM, et al.,
16
Defendants.

) CASE NO. 17-2839-KAW
)
) JOINT STIPULATION OF
) VOLUNTARY DISMISSAL
)
)
)
)
)
)

17
18

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

19 False Claims Act (“FCA”), 31 U.S.C. § 3730(b)(1), and in accordance with and subject to all of the
20
21

terms and conditions of the settlement agreement among the United States, Relator, and Defendants,
effective April 18, 2018, (the “Agreement”), the United States, Relator Kimmara Hollis (“Relator”), and

22
23
24
25

Defendants Hyo Kim, Kate Kim, Francisco Coello, Francisco Coello Jr., and Sonia Dominguez
(“Defendants”) hereby stipulate as follows:
1. As to the United States, the claims against the Defendants are dismissed with prejudice,

26

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

27

Agreement, and without prejudice as to any other claims.

28
JOINT STIPULATION OF VOLUNTARY DISMISSAL; [PROPOSED] ORDER
17-2839 KAW
1

1
2
3
4

2. As to Relator, all claims against Defendants are dismissed with prejudice, subject to all of the
terms of the Agreement. Each party is to bear their own attorney’s fees and costs.
3. According to the terms of the Agreement, this Court retains jurisdiction over any disputes
that may arise regarding compliance with such terms.

5
6
7

4. A copy of the Agreement will be provided to the Court upon request.
A proposed order accompanies this notice.

8
9

IT IS SO STIPULATED.

10

Respectfully submitted,

11
ALEX G. TSE
Acting United States Attorney

12
13 Dated: May 10, 2018

By:

14

/s/
KIMBERLY FRIDAY
Assistant United States Attorney

15
16

LAW OFFICES OF JASON HAIN

17
18 Dated: May 10, 2018

By:

19

/s/
JASON HAIN
Attorney for Qui Tam Plaintiff Kimmara Hollis

20
21
22
23
24
25

DOWLING & MARQUEZ, LLP
Dated: May 10, 2018

By:

/s/
JAK STEVEN MARQUEZ
Attorney for Defendants Hyo Kim, Kate Kim,
Francisco Coello, Francisco Coello Jr., and Sonia
Dominguez

26
27
28
JOINT STIPULATION OF VOLUNTARY DISMISSAL; [PROPOSED] ORDER
17-2839 KAW
2

CERTIFICATION

1
2
3

Pursuant to Local Rule 5-1(i)(3), the undersigned hereby attests that Jason Hain and Jak Steven
Marquez have concurred in the filing of this document and authorized me to sign it on their behalf.

4

ALEX G. TSE
Acting United States Attorney

5
6 Dated: May 10, 2018

By:

7

/s/
KIMBERLY FRIDAY
Assistant United States Attorney

8
9
10
[PROPOSED] ORDER

11
12

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

13 the case.
14
5/11/18
15 Dated: __________________________

16

______________________________
HON. KANDIS A. WESTMORE
United States Magistrate Judge

17
18
19
20
21
22
23
24
25
26
27
28
JOINT STIPULATION OF VOLUNTARY DISMISSAL; [PROPOSED] ORDER
17-2839 KAW
3