United States of America et al v. County of San Diego

Filing 46

CLERK'S JUDGMENT. Plaintiff does not sufficiently plead causes of action under the FCA. Accordingly, the Court grants Defendant's motion to dismiss. Given Plaintiff's prior opportunities to amend and the allegations contained in the TAC, the Court concludes amendment would be futile and dismisses the action in its entirety with prejudice as to Qui Tam Plaintiff Michael Durkin and without prejudice as to Plaintiff the United States of America.(rmc)

United States District Court
SOUTHERN DISTRICT OF CALIFORNIA
United States of America, ex rel Michael
Durkin

Civil Action No. 15cv2674-MMA(WVG)
Plaintiff,

V.

JUDGMENT IN A CIVIL CASE

County of San Diego, a public entity

Defendant.

Decision by Court. This action came to trial or hearing before the Court. The issues have been tried
or heard and a decision has been rendered.
IT IS HEREBY ORDERED AND ADJUDGED:
Plaintiff does not sufficiently plead causes of action under the FCA. Accordingly, the Court grants
Defendant’s motion to dismiss. Given Plaintiff’s prior opportunities to amend and the allegations
contained in the TAC, the Court concludes amendment would be futile and dismisses the action in its
entirety with prejudice as to Qui Tam Plaintiff Michael Durkin and without prejudice as to Plaintiff the
United States of America.

Date:

7/10/18

CLERK OF COURT
JOHN MORRILL, Clerk of Court
By: s/ R. Chapman
R. Chapman, Deputy