Kimbrell v. Rafael Rivera, Jr., DDS, PLLC et al

Filing 16

ORDER that All Claims in this action are hereby dismissed without prejudice to Relator Karyn Kimbrell, the US and the State of NC. Seal be lifted as to all other matters. Signed by Magistrate Judge David S. Cayer on 8/29/16. (tob)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
UNITED STATES and the STATE OF
NORTH CAROLINA, ex rel. KARYN
KIMBRELL,

NO. 3:14-CV-692-RJC-DSC

Plaintiffs,
v.
RAFAEL RIVERA, JR., DDS, PLLC, d/b/a
SMILE STARTERS, and RAFAEL RIVERA,
JR.,
Defendants.

ORDER
The United States and the State of North Carolina, having declined to intervene in this
action pursuant to the United States False Claims Act, 31 U.S.C. § 3730(b)(4)(B), and the North
Carolina False Claims Act, N.C.G.S. §1-608(b)(4), and the Relator having filed a Notice of
Voluntary Dismissal pursuant to Federal Rule of Civil Procedure 41(1)(A)(i), and the United
States and the State of North Carolina having consented to such, the Court rules as follows:
IT IS ORDERED that,
1. All claims in this action are hereby dismissed without prejudice to Relator Karyn
Kimbrell, the United States and the State of North Carolina;
2. The Complaint, this Order, the Government’s Notice of Election to Decline
Intervention and the Relator’s Voluntary Dismissal be unsealed and served upon the Defendant
by the Relator;

3. All other contents of the Court's file in this action remain under seal and not be made
public or served upon the Defendant;
4. The seal be lifted as to all other matters occurring in this action after the date of this
Order, and
5. The Clerk is directed to send copies of this Order to counsel for the parties and to the
Honorable Robert J. Conrad, Jr.
SO ORDERED.
Signed: August 29, 2016