Guerra et al v. Nguyen

Filing 71

ORDER GRANTING JOINT STIPULATION OF DISMISSAL. This Court retains jurisdiction over this action and the parties to enforce the Settlement Agreement and to resolve any dispute involving a claim by Relator for his reasonable expenses, attorney's fees, and costs. Signed by Judge Nathanael Cousins on 3/19/2019 (lmh, COURT STAFF) (Filed on 3/19/2019)

1 DAVID L. ANDERSON (CABN 149604)
United States Attorney
2 SARA WINSLOW (DCBN 457643)
Chief, Civil Division
3 KIMBERLY FRIDAY (MABN 660544)
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 the United States
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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UNITED STATES ex rel. JUAN GUERRA,
Plaintiffs,

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v.
BI THI NGUYEN, individually and as trustee
of the Bi Thi Nguyen Revocable Living Trust
dated 12/15/2016,
Defendant.

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CASE NO. 18-cv-1666-NC

JOINT STIPULATION OF
DISMISSAL AND
[PROPOSED] ORDER

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Pursuant to the qui tam provisions of the False Claims Act, 31 U.S.C. § 3730(b)(1) and (d)(2),

20 and in accordance with and subject to all of the terms and conditions of the settlement agreement among
21 the United States, Relator, and Defendant, effective January 7, 2019, (the “Agreement”), the United
22 States, Relator Juan Guerra (“Relator”), and Defendant Bi Thi Nguyen, individually and as trustee of the
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Bi Thi Nguyen Revocable Living Trust dated 12/15/2016 (“Defendant”), hereby stipulate as follows:

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1. As to the United States, the claims against Defendant asserted in this action are dismissed
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with prejudice, subject to all of the terms of the Agreement, as to the Covered Conduct
released in the Agreement, and without prejudice as to all other claims.

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JOINT STIPULATION OF DISMISSAL; [PROPOSED] ORDER
18-CV-1666-NC
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2. As to Relator, all claims against Defendant asserted in this action are dismissed with

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prejudice, subject to all of the terms of the Agreement, except for Relator’s reasonable

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expenses, attorney’s fees, and costs.

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3. According to the terms of the Agreement, this Court retains jurisdiction over this action and

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the parties to enforce the Agreement and to resolve any dispute involving a claim by Relator

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for his reasonable expenses, attorney’s fees, and costs.

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4. This stipulation does not affect Relator’s pending motion for attorney fees and costs or

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Defendant’s opposition to that motion. See ECF No. 60 and No. 61.

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5. A copy of the Agreement has been filed with the Court. See ECF No. 60-1, ex. A.

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A proposed order accompanies this notice.
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JOINT STIPULATION OF DISMISSAL; [PROPOSED] ORDER
18-CV-1666-NC
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IT IS SO STIPULATED.

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Respectfu

lly submitted,

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DAVID L. ANDERSON
United States Attorney

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By:

Dated:

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Assistant United States Attorney

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OFFICE OF TODD ESPTNOSA

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Dated:

March 18,2019

By
ESPINOSA
Attorney for Qui TamPlaintiff Juan Guerra

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THE ONU LAW FIRM
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Dated:

llarch lt,2olo

,,/ffi-

By

MITCH ONU
Attorney for Defendant Bi Thi Nguyen, individually
and as trustee of the Bi ThiNguyen Revocable
Living Trust dated 1211512016

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CERTIFICATION

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Pursuant to Local Rule 5-1(i)(3), the undersigned hereby attests that Todd Espinosa and Mitch

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Onu have concurred in the filing of this document and authorized me to sign it on their behalf.

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DAVID L. ANDERSON
United States Attorney

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Dated:

By

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Assistant

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JOINT STIPULATION OF DISMISSAL; [PROpOSED] ORDER

18-CV-1666-NC

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AY
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Attorney

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[PROPOSED] ORDER

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RT

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thanael
Judge Na

ER

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JOINT STIPULATION OF DISMISSAL; [PROPOSED] ORDER
18-CV-1666-NC
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M. Cousin

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UNIT
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PURSUANT TO STIPULATION, IT IS SO ORDERED. This Court retains jurisdiction over
this action and the parties to enforce the Settlement Agreement and to resolve any dispute involving a
3 claim by Relator for his reasonable expenses, attorney's fees, and costs.
______________________________
3/19/2019
4 Dated: __________________________
HON. NATHANIELIM. RICT
S D ST COUSINS
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United StatesA
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T Magistrate Judge

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