Opinion
Civil Action 4:21-cv-161
06-28-2022
UNITED STATES OF AMERICA, ex rel. ADAM DALE PEARSON, Plaintiff, v. MD LIVE, INC., et al., Defendants.
ORDER
R. STAN BAKER, UNITED STATES DISTRICT JUDGE
The United States of America (hereinafter, “the Government”) recently filed a notice of election to decline intervention in the above-captioned qui tam action, pursuant to 31 U.S.C. §§ 3730(b)(3) and (4) of the False Claims Act (“FCA”). (Doc. 6.) Two days after the Government filed its notice of election, Relator Adam Dale Pearson filed a Notice of Dismissal Without Prejudice, citing Federal Rule of Civil Procedure 41(a)(1)(A)(i), as no opposing party has served an answer or motion for summary judgment(Doc. 8.) Accordingly, this case is DISMISSED WITHOUT PREJUDICE and the Court DIRECTS the Clerk of Court to UNSEAL Relator's Notice of Dismissal Without Prejudice, (id.), TERMINATE all pending motions, (docs. 8, 12), and CLOSE this case.
In a proposed order submitted in conjunction with its recently-granted Motion to Lift Seal, the Government indicated that it “has already consented” to voluntary dismissal without prejudice by the Relator. (Doc. 7-1, p. 2.)
Relator's Notice of Dismissal was filed after the Government filed its Motion to Unseal case, in which the Government requested that the seal be lifted as to “all subsequent filings in this case.” (Doc. 7., p. 1.) The Motion to Unseal was recently granted by the Court. (Doc. 9.) Additionally, the United States and the Relator have filed a Joint Motion to Lift Seal on the Notice of Dismissal, (doc. 12), indicating they agree it should be unsealed.
SO ORDERED.