United States, Ex Rel: Kelly Nicole Wuestenhoefer v. Jefferson et al

Filing 364

JUDGMENT OF DISMISSAL. Signed by District Judge Debra M. Brown on 4/3/15. (jtm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
UNITED STATES OF AMERICA ex rel
KELLY NICOLE HORTON
WUESTENHOEFER, et al.
V.

PLAINTIFF

NO. 4:10-CV-00012-DMB-DAS

A.J. JEFFERSON, et al.

DEFENDANTS
JUDGMENT OF DISMISSAL

On February 24, 2015, Relator Kelly Nicole Horton Wuestenhoefer filed a Stipulation
of Dismissal, pursuant to Rule 41(a)(1)(A)(ii), seeking to: (1) dismiss without prejudice all
claims brought on behalf of the United States against Defendants Michael Lloyd and Lloyd and
Associates, LLC (“Lloyd Defendants”); and (2) dismiss with prejudice all claims brought on
behalf of herself against the Lloyd Defendants. Doc. #360. On March 9, 2015, the United
States, pursuant to 31 U.S.C. § 3730(b)(1), filed a Notice of Consent to the dismissal of its
claims against the Lloyd Defendants. Doc. #361.
On March 13, 2015, Relator filed a Stipulation of Dismissal, pursuant to Rule
41(a)(1)(A)(ii), seeking to: (1) dismiss without prejudice all claims brought on behalf of the
United States against Defendants South Delta Regional Housing Authority, Ann Jefferson,
Chaka Williams, Dinnial Love, Patricia Logan, the South Delta Regional Housing Authority
Board of Commissioners, Raymond Brown, Larry Cordell, Robert Gray, and Howard Sanders
(“SDRHA Persons”); and (2) dismiss with prejudice all claims brought on behalf of herself
against the SDRHA Persons. Doc. #362. On March 16, 2015, the United States, pursuant to 31

U.S.C. § 3730(b)(1), filed a Notice of Consent to the dismissal of its claims against the SDRHA
Persons. Doc. #363.
Insofar as all appearing parties1 have consented to the proposed dismissal: (1) the claims
brought by Relator against the SDRHA Persons and the Lloyd Defendants are DISMISSED
with prejudice; and (2) the claims brought by the United States against the SDRHA Persons and
the Lloyd Defendants are DISMISSED without prejudice. See Bailey v. Shell W. E&P, Inc.,
609 F.3d 710, 719 (5th Cir. 2010) (voluntary dismissals of False Claims Act actions governed by
Rule 41 and 31 U.S.C. § 3730(b)(1)). Thus, this matter is DISMISSED, with each party to bear
its own costs.

SO ORDERED, this 3rd day of April, 2015.
/s/ Debra M. Brown
UNITED STATES DISTRICT JUDGE

1

On January 14, 2015, this Court found that the record did not reflect sufficient service upon Defendant Charles
Buchanan. Doc. #346.

2