Notice of Partial Dismissal under R. 41(A)(1)(1) — No. 1:21-cv-00943 (Dkt. 14, N.D.N.Y.)

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A notice of partial dismissal in United States ex rel. Alexandra Poole v. The Rensselaerville Institute, Inc. and Rodney M. Fuller, No. 1:21-cv-00943, in the U.S. District Court for the Northern District of New York, filed November 14, 2022 as Document 14. The relator and the United States dismiss with prejudice the False Claims Act fraud claims in Count 1 against The Rensselaerville Institute, and the relator dismisses the same claims against Fuller without prejudice to the relator or the United States. The relator does not dismiss the whistleblower protection claim under 31 U.S.C. § 3730(h) against the Institute or the claim for expenses, attorneys' fees and costs. An attached notice dated November 7, 2022 records the Attorney General's consent to dismissing the claims against Fuller, and the notice is marked so ordered on November 14, 2022.

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Case 1:21-cv-00943-MAD-ATB Document14 _ Filed 11/14/22 Pagelof4

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA,

ex rel. 1-21 CV 943 (MAD)/(ATB)
ALEXANDRA POOLE,
Plaintiffs,
Vv.

THE RENSSELAERVILLE INSTITUTE,
INC., and RODNEY M. FULLER,
individually,

Defendants.

NOTICE OF PARTIAL DISMISSAL UNDER R. 41(A)Q)Q)

No defendant having served either an answer or a motion for summary judgment in the
above-captioned action, pursuant to Fed. R. Civ. P. 41(a)(1)(1), plaintiff-relator Alexandra Poole
(‘Relator’) and plaintiff the United States of America (the “United States’), acting through the
United States Attorney's Office for the North District of New York, submit, for Court-order
approval and filing, as required by 31 U.S.C. § 3730(b)(1), the following notice of partial
dismissal:

1. Relator and the United States dismiss with prejudice all causes of action against
THE RENSSELAERVILLE INSTITUTE, INC. arising under the fraud provisions of the False
Claims Act, 31 U.S.C. § 3729(a)(1), as alleged in Count | of the Complaint;

2. Relator, having received the attached written consent from the United States

pursuant to 31 U.S.C. § 3730(b)(1), dismisses without prejudice as to Relator or to the United

Case 1:21-cv-00943-MAD-ATB Document14_ Filed 11/14/22 Page2of4

States all causes of action against RODNEY M. FULLER arising under the fraud provisions of the
False Claims Act, 31 U.S.C. § 3729(a)(1), as alleged in Count 1 of the Complaint;

3. Relator does not dismiss the cause of action against THE RENSSELAERVILLE
INSTITUTE, INC. arising under the whistleblower protection provisions of the False Claims Act,
31 U.S.C. § 3730(h), as alleged in Count 2 of the Complaint;

4. Relator does not dismiss any claim for expenses, attorneys’ fees and costs against
THE RENSSELAERVILLE INSTITUTE, INC., arising under Sections 3730(d)(1) and 3730(h)(2)
of the False Claims Act;

5. Relator and the United States shall bear their own costs and attorneys’ fees in
connection with the claims being dismissed by this notice.

6. No party to this action is an infant or incompetent.

By the Relator,

/s/ Timothy J. McInnis

Bar Roll No. 2205086

McInnis Law

521 Fifth Avenue, 17" Floor

New York, NY 10175

Tel :( 212) 292-4573

Fax: (212) 292-4574

Email: tmcinnis@mcinnis-law.com

Thomas R. Fallati, Esq.

Tabner Ryan and Keniry LLP
18 Corporate Woods Boulevard,
Albany, NY 12211

Tel. (518) 512-5307

Fax (518) 465-5112

Email: trf@trklaw.com

Case 1:21-cv-00943-MAD-ATB

SO ORDERRED:

4
! ts

VIE

MAE A. D’AGOSZENO
UNITED STATES DISTRICT JUDGE

DATE: 11/14/2022

Document 14 Filed 11/14/22 Page 3of4

By the United States,

/s/ Adam J. Katz

Bar Roll No. 517894

Assistant United States Attorney
United States Attorney’s Office, for the
Norther District of New York

445 Broadway, Room 218

Albany, New York 12207

Tel. (518) 431-0247

Email: adam.katz@usdoj.gov


Case 1:21-cv-00943-MAD-ATB Document14_ Filed 11/14/22 Page4of4

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA ex rel.
ALEXANDRA POOLE,

Plaintiff,
V.

No. 21-cv-943 (MAD/ATB)

THE RENSSELAERVILLE INSTITUTE, INC. and
RODNEY M. FULLER,

Defendants.

44444444444

The United States’ Notice of Consent to Dismissal

Pursuant to the False Claims Act, 31 U.S.C. § 3730(b)(1), the United States hereby
notifies the Court that the Attorney General consents to the dismissal of Relator’s claims
against defendant Rodney M. Fuller without prejudice to the rights of the United States,
based on the United States’ determination that such a dismissal is commensurate with the
public interest and that the matter does not warrant the continued expenditure of government

resources to pursue or monitor the action based on currently available information.

Respectfully submitted,

CARLA B. FREEDMAN
United States Attorney

November 7, 2022 By: Adam J. Katz
Adam J. Katz
Assistant United States Attorney
Bar Roll No. 517894

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