LOSCALZO V. UNITED STATES OF AMERICAL
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The Court dismissed the Relator's Amended Complaint and all claims with prejudice as to the Relator, and with varying degrees of prejudice as to governmental entities.
The parties filed a joint stipulation of dismissal under Federal Rule of Civil Procedure 41(a)(1). No defendant had filed an answer or motion for summ…
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Before the Court is the parties' Joint Stipulation of Dismissal under Federal Rule of Civil Procedure 41(a)(1). (Doc. 36). Federal Rule of Civil Procedure 41(a)(1)(A)(i) allows a plaintiff to dismiss an action voluntarily before the opposing party serves either an answer or a motion for summary judgment. Federal Rule of Civil Procedure 41(a)(1)(A)(ii) allows a plaintiff to dismiss an action voluntarily if a stipulation of dismissal is signed by all
parties who have appeared. Both dismissals are effective upon filing and require no further action by the Court. See Anago Franchising, Inc. v. Shaz, LLC, 677 F. 3d 1272, 1278 (11th Cir. 2012).
No defendant has filed an answer or a motion for summary judgment, and the stipulation is signed by all parties who have appeared.
Accordingly, it is now
ORDERED:
1. The Relator's Amended Complaint (Doc. 24) is DISMISSED in its entirety, including any non-settling defendants, and with prejudice as to Relator.
2. All claims against the Bluestone Defendants regarding the “Covered Conduct" (as defined in the Settlement Agreement) are DISMISSED with prejudice as to the United States, the State of Florida, and the State of Minnesota.
3. Any remaining claims in this action against the Bluestone Defendants and any claims against other defendants named in the Amended Complaint are DISMISSED with prejudice as to Relator and without prejudice as to the United States, the State of Florida, and the State of Minnesota.
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DONE and ORDERED in Fort Myers, Florida on July 23, 2024.
Sherry Polster Rappell SHERI POLSTER CHAPPELL UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record
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