Klein v. Empire Education Corporation, et al

Filing 50

ORDER OF DISMISSAL re 46 Motion to Dismiss. ORDERED that Klein's First Amended Complaint is DISMISSED without prejudice as to the Government as to the First, Second, Third, Fourth, and Sixth Causes of Action, and with prejudice to Klein as to all Causes of Action. Signed by Judge David N. Hurd on 12/13/2013. (lah)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------UNITED STATES OF AMERICA, and
THE STATE OF NEW YORK,
ex rel. LAWRENCE KLEIN,
Plaintiffs,
-v-

1:11-CV-0035

EMPIRE EDUCATION CORPORATION and
DOES 1-50,
Defendants.
-------------------------------APPEARANCES:

OF COUNSEL:

TULLY RINCKEY PLLC
Attorneys for Plaintiff-Relator
441 New Karner Road
Albany, NY 12205

DOUGLAS J. ROSE, ESQ.

HODGSON RUSS LLP
Attorneys for Defendants
The Guaranty Building
140 Pearl Street, Suite 100
Buffalo, NY 14202

JOHN L. SINATRA, JR., ESQ.
KEVIN J. ESPINOSA, ESQ.
MICHELLE L. MEROLA, ESQ.

DAVID N. HURD
United States District Judge
ORDER OF DISMISSAL
Plaintiff-relator Lawrence Klein ("Klein") recently a First Amended Complaint in this qui
tam action against Empire Education Corporation ("Empire") and Does 1–50 pursuant to the
federal False Claims Act and the New York False Claims Act. The United States and New
York have elected not to intervene.

Klein now moves pursuant to Federal Rule of Civil Procedure 41(a)(2) for leave to
dismiss the First Amended Complaint against Empire and Does I-50. Empire does not
oppose.
Pursuant to 31 U.S.C. § 3730(b)(1) under which Klein was empowered to bring this
suit, "[t]he action may be dismissed only if the court and the Attorney General give written
consent to the dismissal and their reasons for consenting." The United States has provided
written consent to the dismissal of this matter without prejudice, in the interest of justice and
in light of the previous notice that the United States declined to intervene in this matter.
Accordingly, it is found that the proposed settlement of Klein's personal claim is fair
and just, that the United States is not prejudiced by the dismissal of this action, and that the
dismissal is in the best interests of judicial economy.
Therefore, it is
ORDERED that
Klein's First Amended Complaint is DISMISSED without prejudice as to the
Government as to the First, Second, Third, Fourth, and Sixth Causes of Action, and with
prejudice to Klein as to all Causes of Action.
IT IS SO ORDERED.

Dated: December 13, 2013
Utica, New York.

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