Curnin v. Bald Head Island Limited, et al.
ORDER DISMISSING CASE pursuant to the parties Notice of Voluntary Dismissal at 60 . Counsel is reminded to read the order in its entirety for further information. Signed by Senior Judge James C. Fox on 9/26/2011. (Edwards, S.)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
UNITED STATES OF AMERICA,
PETER C. CURNIN,
BALD HEAD ISLAND LIMITED,
MARK D. MITCHELL, MICHAEL K.
This matter is before the court on the "Dismissal Without Prejudice" [DE-60] filed by the
Relator Peter C. Cumin, indicating Cumin's desire to dismiss this action without prejudice
pursuant to Rule 41 (a)(l)(A)(i) of the Federal Rules of Civil Procedure.!
A voluntary dismissal pursuant to Rule 41 (a)(l)(A)(i) generally is self-executing, and
operates to dismiss a complaint without any action by the court. Marex Titanic, Inc. v. Wrecked
& Abandoned Vessel, 2 F.3d 544,546 (4th Cir. 1993). Under the False Claims Act, 31 U.S.C. §
3729 et seq., however, a qui tam action such as this one "may be dismissed only if the court and
the Attorney General give written consent to the dismissal and their reasons for consenting." 31
U.S.c. § 3730(b)(l). See also
us. ex rei. Littlewoodv. King Pharmaceuticals, Inc,, __
F.Supp.2d __,2011 WL 3805607 at
* 11 (D. Md. Aug. 29, 2011).
! Rule 41 (a)(l)(A)(i) allows a plaintiff to dismiss an action without a court order by filing
notice of dismissal before an opposing party files either an answer or a motion for summary
judgment. In this case, Defendants have not filed either an answer or a motion for summary
Here, the consent of the United States Attorney for the Eastern District of North Carolina,
via an Assistant United States Attorney, appears in the Notice of Dismissal [DE-60] itself. The
Government indicates that it consents to the dismissal of the action because
[t]his case has an extensive procedural history, and questions have been raised
about whether service of process was properly or timely effected. The interests of
justice would be best served by allowing this case to be dismissed without
Notice of Dismissal [DE-60] at p. 2 ("Consent of the Government").
For the reasons stated by the Government, the court consents to the dismissal of this
action. See 31 U.S.C. § 3730(b)(l). This case is therefore DISMISSED and the Clerk of Court is
DIRECTED to close this case.
This the 26th day of September, 2011.
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