Pedersen v. Hospital Corporation of America et al

Filing 46

ORDER ADOPTING REPORT AND RECOMMENDATIONS Case Closed., ORDER DISMISSING CASE without prejudice. Magistrate Judge Paul M. Warner no longer assigned to case. Signed by Judge Clark Waddoups on 3/5/12. (jmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH NORTHERN DIVISION

UNITED STATES OF AMERICA, ex rel.,
SCOTT PEDERSEN and PHILIP
WASHBURN,

ORDER
Case No. 1:11-cv-41 CW PMW

Plaintiffs,
v.
HOSPITAL CORPORATION OF
AMERICA, INC. et al.,
Defendants.

This case was assigned to United States District Court Judge Clark Waddoups, who then
referred it to United States Magistrate Judge Paul M. Warner pursuant to 28 U.S.C. § 636(b)(1)(B).
On February 14, 2012, Judge Warner issued a Report and Recommendation, recommending that this
case be dismissed. Plaintiffs did not file an objection to the Report and Recommendation. After
having reviewed the file, the court hereby APPROVES AND ADOPTS Judge Warner’s Report and
Recommendation in its entirety, but the case is DISMISSED WITHOUT PREJUDICE.1 Each party
shall bear his or its own costs.

1

The United States elected not to intervene in this matter, but requested that if the court
intended to dismiss the case, it obtain written consent from the United States before doing so,
pursuant to 31 U.S.C. § 3730(b)(1) (2011). See Notice of Election to Decline Intervention (Dkt. No.
9). Because the court’s action involves an involuntary dismissal, the court concludes that consent
from of the United States is not necessary. Brown v. Sherrod, 284 Fed. Appx. 542, 543 (10th Cir.
2008); Searcy v. Philips Elecs. N. Am. Corp., 117 F.3d 154, 158 (5th Cir. 1997).

SO ORDERED this 5th day of March, 2012.
BY THE COURT:

__________________________________________
Clark Waddoups
United States District Judge

2