McSwain v. Artesia General Hospital et al

Filing 27

ORDER DISMISSING CASE by Magistrate Judge Gregory J. Fouratt. (am)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
UNITED STATES OF AMERICA and
THE STATE OF NEW MEXICO,
ex rel. KAI MCSWAIN
Plaintiff,
v.
ARTESIA GENERAL HOSPITAL,
ARTESIA SPECIAL HOSPITAL
DISTRICT
Defendant.

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ORDER

The Relator Kai McSwain having filed a Notice of Dismissal of this action and the
United States having filed its Notice of Consent to Dismissal, pursuant to the False Claims Act,
31 U.S.C. § 3730(b)(1), the Court rules as follows:
IT IS ORDERED1 that,
1.

This action is dismissed with prejudice as to Relator Kai McSwain and without
prejudice as to the United States and the State of New Mexico;

2.

The seal shall be lifted upon Relator’s Complaint, Relator’s Notice of Dismissal,
the United States’ Notice of Consent to Dismissal, this Order, and any subsequent
filings in this case. All other contents of the Court's file in this action shall remain
under seal and not be made public.

1

Although not all parties have filed consents or objections to this Court serving as the presiding judge pursuant to
Federal Rule of Civil Procedure 73, the undersigned infers consent to enter this Order of Dismissal by the Relator, the
United States, and the State of New Mexico. In the event that any of these parties objects to the undersigned doing so,
their counsel should file a notice to that effect no later than 12:00 p.m. MST on March 6, 2024, whereupon the
undersigned will vacate the Order of Dismissal and transfer the case to a United States District Judge to repeat the
same process.

This 5th day of March, 2024.

_______________________________________

THE HONORABLE GREGORY J. FOURATT
UNITED STATES MAGISTRATE JUDGE