United States of America et al v. Keystone Hearing Institute et al

Filing 48

ORDER granting pltf relator's requests [37[ & 43 to voluntarily dismiss action, DISMISSING pltf relator's claims against all defts w/ prejudice as to pltf relator & w/out prejudice to USA, & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 4/26/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA
ex rel. CATHY HOLSPOPPLE,
Plaintiff
v.
KEYSTONE HEARING INSTITUTE,
et al.,
Defendants

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CIVIL ACTION NO. 1:15-CV-1671
(Chief Judge Conner)

ORDER
AND NOW, this 26th day of April, 2017, upon consideration of the notice
(Doc. 37) of voluntary dismissal filed by plaintiff relator Cathy Holspopple, wherein
plaintiff relator seeks to dismiss Anthony Fowler, Jacqueline Price, and Keystone
Hearing Institute as defendants in the above-captioned action pursuant to Federal
Rule of Civil Procedure 41(a)(1)(A)(i), and further upon consideration of plaintiff
relator’s separate motion (Doc. 43) for voluntary dismissal of Sonova Holding AG
and Phonak LLC as defendants, also brought pursuant to Rule 41(a)(1)(A)(i),
and the court having previously observed that Rule 41(a)(1)(A)(ii) generally does
not require a court order or court approval before dismissal, see FED. R. CIV. P.
41(a)(1)(A)(i), but that in this action pursuant to the False Claims Act, no claim may
be dismissed, settled, or otherwise discontinued before the court solicits written
consent of the United States, id. § 3730(b)(1); (Doc. 9 ¶ 7), and the court having
solicited the United States’ response to plaintiff relators’ requests by orders (Docs.

39, 46) dated March 10, 2017 and April 25, 2017, respectively, and the United States
having consented to dismissal of all defendants with prejudice as to plaintiff relator
but without prejudice to the United States, and having further consented to closure
of this action as the United States has declined to intervene and all of plaintiff
relator’s claims have been dismissed, (Docs. 40, 47), it is hereby ORDERED that:
1.

Plaintiff relator’s requests (Docs. 37, 43) to voluntarily dismiss the
above-captioned action are GRANTED.

2.

Plaintiff relator’s claims against all defendants are DISMISSED with
prejudice as to plaintiff relator and without prejudice to the United
States of America.

3.

The Clerk of Court is directed to CLOSE this case.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania