United States of America et al v. Golob Farms LLC et al

Filing 11

ORDER DISMISSING CASE. This action is dismissed with prejudice as to Relator Bryan Quesenberry and without prejudice as to the United States of America. Signed by Judge Thomas O. Rice. (BF, Paralegal)

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF WASHINGTON

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UNITED STATES OF AMERICA, ex
rel. BRYAN QUESENBERRY,

NO. 1:20-CV-3123-TOR
ORDER OF DISMISSAL

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Plaintiff,
vs.
GOLOB FARMS LLC; INLAND
DESERT NURSERY INC.; COFS,
INC.; and USAC WA, LLC,
Defendants.
BEFORE THE COURT are Relator Bryan Quesenberry’s Notice of

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Voluntary Dismissal (ECF No. 9) and the United States’ Notice of Consent to

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Dismissal (ECF No. 10). The Court has reviewed the briefing and the record and

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files therein and is fully informed.

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Pursuant to Federal Rule of Civil Procedure 41(a) and the qui tam provisions

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of the False Claims Act, 31 U.S.C. § 3730(b)(1), et. seq., the Relator is voluntarily

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dismissing this matter with prejudice as to himself and without prejudice as to the

ORDER OF DISMISSAL ~ 1

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United States of America. The Relator is also asking for a refund of his $400 filing

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fee. “[T]hough the Ninth Circuit has not spoken to this issue directly—numerous

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other courts have found that the voluntary dismissal of an action does not entitle

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the litigant to a refund of filing fees.” See Green v. Bank of Am., No. 2:12-CV-

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02093-GEB, 2012 WL 5032414, at *1 (E.D. Cal. Oct. 17, 2012); Duclairon v.

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LGBTQ Cmty. & Grace Cmty. Church Klan, No. 3:18-CV-01095-AC, 2018 WL

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5085754, at *1 (D. Or. Oct. 17, 2018). Nothing in the statute, 28 U.S.C. § 1914, or

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any other statute, provides for the refund of a filing fee for any reason.

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ACCORDINGLY, IT IS HEREBY ORDERED:

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1. This action is dismissed with prejudice as to Relator Bryan Quesenberry

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and without prejudice as to the United States of America.
2. The seal shall be lifted upon Relator’s Complaint, Relator’s Notice of

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Dismissal, the United States’ Notice of Consent to Dismissal, this Order,

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and any subsequent filings in this case. All other contents of the Court’s

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file in this action shall remain under seal and not be made public.
3. The Court denies Relator’s request for a refund of the filing fee.

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The District Court Clerk shall file this order and Judgment accordingly and

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furnish copies to counsel for both the United States and Relator, Bryan

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Quesenberry.

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DATED September 30, 2021

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THOMAS O. RICE
United States District Judge

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ORDER OF DISMISSAL ~ 3