Wall v. Baxter International, Inc. et al

Filing 74

ORDER OF DISMISSAL AS TO CLAIMS OF THE STATE PLAINTIFFS AND RELATOR AS TO STATE PLAINTIFF CLAIMS, and all claims asserted on behalf of the State Plaintiffs are DISMISSED WITH PREJUDICE as to the Relator and DISMISSED WITHOUT PREJUDICE as to the State Plaintiffs. Signed by District Judge Martin Reidinger on 5/9/2017. (khm) Modified text on 5/10/2017 (khm).

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:13-cv-00042-MR-DLH

UNITED STATES OF AMERICA, and
The STATES OF CALIFORNIA,
COLORADO, CONNECTICUT,
GEORGIA, HAWAII, ILLINOIS, IOWA,
MARYLAND, MASSACHUSETTS,
NEW YORK, NORTH CAROLINA,
VIRGINIA, and WASHINGTON, ex rel.
WARREN CHRISTOPHER WALL,

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Plaintiffs,
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vs.
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BAXTER INTERNATIONAL, INC. and )
BAXTER HEALTHCARE
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CORPORATION,
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Defendants.
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_______________________________ )

ORDER OF DISMISSAL AS
TO CLAIMS OF THE STATE
PLAINTIFFS AND RELATOR
AS TO STATE PLAINTIFF
CLAIMS

THIS MATTER is before the Court on the Relator’s Notice of Dismissal
of State Plaintiff Claims [Doc. 66]. The Court held a status conference
regarding the Relator’s Notice on April 18, 2017.
In accordance with the terms and conditions of a Settlement
Agreement among the United States, Baxter International, Inc., Baxter
Healthcare Corporation, and Relator Warren Christopher Wall (the

“Settlement Agreement”), the Relator dismisses with prejudice as to himself
and without prejudice as to the State Plaintiffs all claims asserted in the
above-captioned Civil Action on behalf of the State Plaintiffs. [Doc. 66].
Attached to the Notice of Dismissal is a statement of consent from the State
of North Carolina on behalf of all of the State Plaintiffs. [Doc. 66-1].
An action brought under the False Claims Act “may be dismissed only
if the court and the Attorney General give written consent to the dismissal
and their reasons for consenting.” United States ex re. Michaels v. Agape
Senior Cmty., Inc., 848 F.3d 330, 336-37 (4th Cir. 2017 (quoting 31 U.S.C.
§ 3730(b)(1)).

Upon consideration of the Notice of Dismissal and the

Settlement Agreement executed by the Parties, the Court consents to the
dismissal of all claims asserted on behalf of the State Plaintiffs.

Such

dismissal is reasonable as the States did not intervene in this action, and as
the parties the concede, the basis for pursuing such claims under the state
false claims statutes is much weaker than the basis for the claims pursued
by the Relator under the federal False Claims Act. Further, the Court finds
that the Relator’s dismissal of such state claims as to him is reasonable, as
there is no other person apparent from the record who would constitute an
original source and who could serve as a relator.

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IT IS, THEREFORE, ORDERED that all claims asserted on behalf of
the State Plaintiffs are DISMISSED WITH PREJUDICE as to the Relator and
DISMISSED WITHOUT PREJUDICE as to the State Plaintiffs.
IT IS SO ORDERED.
Signed: May 9, 2017

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