Joint Stipulation of Dismissal — United States ex rel. Quesenberry v. Artistic Tile, Inc. (Dkt. 14, D.N.J.)

Summary

The United States and relator Bryan Quesenberry, who filed a pro se qui tam action under the False Claims Act on or about June 19, 2020, jointly ask the District of New Jersey to dismiss United States ex rel. Quesenberry v. Artistic Tile, Inc., et al., Civil Action No. 20-13070, in a stipulation filed as Document 14 on 03/22/22. The United States had filed a notice of intervention for the purposes of settlement. The United States, the relator, Defendant Daniel Markus, Inc. and third party Margarita Risis executed a written Settlement Agreement that provides for dismissal. Dismissal is asked with prejudice to the relator as to all claims and all parties, with prejudice to the United States as to the "Covered Conduct" involving Daniel Markus, Inc., and without prejudice as to the United States' claims against all other named Defendants.

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Case 1:20-cv-13070-RMB-SAK Document 14 Filed 03/22/22 Page 1 of 3 PageID: 81




  PHILIP R. SELLINGER
  United States Attorney ·
  DAVID V. SIMUNOVICH
  Assistant United States Attorney
  970 Broad Street, Suite 700
  Newark, NJ 07102
  Tel. (973) 645-2736
  david.simunovich@usdoj.gov

  BRIAN M. BOYNTON
  Principal Deputy Assistant Attorney General
  JAMIE ANN YAVELBERG
  COLIN M. HUNTLEY
  JARED S. WIESNER
  Civil Division
  Commercial Litigation Branch
  P.O. Box 261, Ben Franklin Station
  Washington, D.C. 20044
  Telephone: (202) 305-3656
  J ared.S. Wiesner2@usdoj.gov

                        UNITED STATES DISTRICT COURT
                           DISTRICT OF NEW JERSEY


    UNITED STATES OF AMERICA ex rel.
    BRYAN QUESENBERRY,                         HON. RENEE MARIE BUMB

                        Plaintiff,             Civil Action No. 20-13070 (RMB) (KMW)

                  v.                           FILED UNDER SEAL & EX PARTE

    ARTISTIC TILE, INC., et al.,

                        Defendants.

                       JOINT STIPULATION OF DISMISSAL

        WHEREAS on or about June 19, 2020, Relator Bryan Quesenberry,

  proceeding pro se, filed a qui tam action in the United States District Court for the

  District of New Jersey, captioned United States ex rel. Bryan Quesenberry v. Artistic

Case 1:20-cv-13070-RMB-SAK Document 14 Filed 03/22/22 Page 2 of 3 PageID: 82




  Tile, Inc., et al., Civ. No. 20-13070, pursuant to the qui tam provisions of the False

  Claims Act, 31 U.S.C. § 3730(b).

        WHEREAS the United States has filed a notice of intervention in this action

  for the purposes of settlement.

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

  tam provisions of the False Claims Act, 31 U.S.C. § 3730(b)(l), and in accordance

  with the terms of the Settlement Agreement, the United States and the Relator

  hereby stipulate and agree as follows:

         1.     The United States, Relator, Defendant Daniel Markus, Inc., and third

  party Margarita Risis (collectively, the "Settling Parties") have executed a written

  Settlement Agreement that provides for the dismissal of this action.

         2.     Relator stipulates that the settlement of this action is fair, adequate,

  and reasonable under all the circumstances as defined by 31 U.S.C. § 3730(c)(2)(B).

         3.     Accordingly, the United States and Relator requests that pursuant to

  Rule 41(a) of the Federal Rules of Civil Procedure and the False Claims Act, 31

  U.S.C. § 3730(b)(l), this action be dismissed, consistent with the terms and

  conditions of the Settlement Agreement, (i) with prejudice to Relator as to all claims

  and all parties, (ii) with prejudice to the United States as to the "Covered Conduct,"

  as defined by the Settlement Agreement, involving Daniel Markus, Inc., and (iii)

  without prejudice as to the United States' claims against all other named

  Defendants.




                                              2

Case 1:20-cv-13070-RMB-SAK Document 14 Filed 03/22/22 Page 3 of 3 PageID: 83




          4.      Except as otherwise provided in the Settlement Agreement, all parties

  shall bear their own costs.
          5.      The parties respectfully request that the Court enter an order in the

 form of the proposed order attached.

 Dated:        Newark, New Jersey
               March 21, 2022

                                           Respectfully submitted,

                                           PHILIPR. SELLINGER
                                           United States Attorney

                                           By:     Isl David V. Simunovich
                                           DAVID V. SIMUNOVICH
                                           Assistant United States Attorney
                                           970 Broad Street, Suite 700
                                           Newark, NJ 07102
                                           Tel. (973) 645-2736
                                           david.simunovich@usdoj.gov

                                           BRIAN M. BOYNTON
                                           Principal Deputy Assistant Attorney General
                                           JAMIE ANN YAVELBERG
                                           COLIN M. HUNTLEY
                                           JARED S. WIESNER
                                           Civil Division
                                           Commercial Litigation Branch
                                           P.O. Box 261, Ben Franklin Station
                                           Washington, D.C. 20044
                                           Telephone: (202) 305-3656
                                           J ared.S. Wiesner2@usdoj.gov



                                                                           C

                                                     UESENBERRY
                                          197 Eas 100 North, Suite A
                                          Payson, UT 84651
                                          Relator (pro se)


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