United States Of America et al v. Archer Western Construction, LLC

Filing 28

ORDER DISMISSING CASE. Relator Complete Sitework Services, LLC's request to dismiss is granted and this action is dismissed without prejudice with each party to bear its own fees and costs. The Government's Motion for an Order to Show Cause is Dismissed as moot. The Clerk of Court is directed to close this case. Signed by Judge William T. Moore, Jr on 11/5/19. (jrb)

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA

SAVANNAH DIVISION
UNITED
rel.

STATES

ROBERT

COMPLETE
LLC,

OF
W.

AMERICA
BARKER

SITEWORK

U. S. DISTRICT COUR*!
Southern District of GA
Filed In Office

ex
and

M

SERVICES,

Plaintiffs,
CASE NO. CV417-241

V.

ARCHER WESTERN CONSTRUCTION,
LLC,
Defendant.

ORDER

Before

Order

to

the

Show

Court

is

Cause.

the

Government's

(Doc.

25.)

In

Motion

its

for

motion,

an

the

Government notes that, since this Court's January 15, 2019
order

in

which

the

Court

ordered

Defendant with a copy of the

Relators

to

serve

First Amended Complaint, no

action has occurred. (Id. at 2.) The Government, therefore,

requests that this Court issue an order to show cause as to
why

this

action

should

not

be

dismissed

for

want

of

prosecution. (Id.)
Relator Complete Sitework Services, LLC has responded
to

the

Government's

Motion

for

an

Order

to

Show

Cause

and

moves for dismissal of the action pursuant to Federal Rule
of

Civil

Robert

W.

Procedure

Barker

41(a)(1)(A)(i)
.

has

not

responded

(Doc.

to

26.)

the

Relator

voluntary

dismissal.

Pursuant

to

Federal

Rule

of

Civil

Procedure

41(a)(1)(A)(i), a plaintiff may dismiss an action by filing
"a

notice

of

dismissal

before

the

opposing

party

serves

either an answer or a motion for summary judgment." Because
Defendant

has

filed

neither

summary judgment in
Services,

LLC's

an

answer

nor

a

motion

for

this case, Relator Complete Sitework

request

is

GRANTED

and

this

action

is

DISMISSED WITHOUT PREJUDICE with each party to bear its own
fees

and

costs. ^

Show

Cause

The

(Doc.

Government's

25)

is DISMISSED

Motion

for

AS MOOT.

an

Order

to

The

Clerk

of

Court is DIRECTED to close this case.

so ORDERED this

day of November 2019.

WILLIAM T. MOORE, JPT.
UNITED STATES DISTRICT COURT
SOUTHERN

^

The

Court

action.
has

been

notes

However,
since

that

Relator
his

there

Barker

counsel

was

are

is

DISTRICT OF GEORGIA

two

relators

currently

permitted

to

in

this

pro se,
withdraw

and
in

November 2018. The United States Court of Appeals for the
Eleventh Circuit has held that a private individual cannot

maintain a qui tarn action pro se. Timson
F.3d 870, 874 (11th Cir. 2008).

v. Sampson, 518