Order — Bryan Quesenberry v. Artistic Tile, Inc. (Dkt. 17, D.N.J.)

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An order by United States District Judge Renee Marie Bumb in United States of America ex rel. Bryan Quesenberry v. Artistic Tile, Inc., et al., Civil Action No. 20-18070 (RMB) (CMW), in the U.S. District Court for the District of New Jersey, filed April 12, 2022. On the joint stipulation of dismissal by the United States and the relator under Federal Rule of Civil Procedure 41(a)(1) and 31 U.S.C. § 3730(b)(1), it dismisses all claims against all defendants with prejudice to relator Bryan Quesenberry and dismisses claims as to the United States as set out in the order. It provides for service of papers on counsel for Daniel Markus, Inc., lifts the seal as to matters after the order's date, and cancels the hearing set for April 28, 2022.

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Case 1:20-cv-13070-RMB-SAK Document 17 Filed 04/12/22 Page 1 of 2 PagelD: 120

PHILIP R. SELLINGER
United States Attorney
DAVID V. SIMUNOVICH
Assistant United States Attorney
970 Broad Street, Suite 700
Newark, NJ 07102
Tel. (9783) 645-2736
david.simunovich@usdoj.gov

BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
JAMIE ANN YAVELBERG
COLIN M. HUNTLEY
JARED 8S. WIESNER
Civil Division
Commercial Litigation Branch
P.O. Box 261, Ben Franklin Station
Washington, D.C. 20044
Telephone: (202) 805-3656
Jared.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. 20-18070 (RMB) (CMW)

             Vv.                       FILED UNDER SEAL & EX PARTE

  ARTISTIC TILE, INC.,, et al.,

                   Defendants.

                                 ORDER

      The United States and Relator having submitted their joint stipulation of

dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1) and 31 U.S.C. §

3730(b)(1) and for good cause shown, it is on thieSth day of April

Case 1:20-cv-13070-RMB-SAK Document 17 Filed 04/12/22 Page 2 of 2 PagelD: 121

2022, hereby ORDERED that,

1. All claims against all defendants in this action be and hereby are
dismissed with prejudice to Relator Bryan Quesenberry;

2. All claims in this action be and hereby are dismissed with prejudice to
the United States insofar as those claims fall within the meaning of “Covered
Conduct” as defined in the parties’ settlement agreement and as it relates to
Defendant Daniel Markus, Inc.;

3. All claims in this action be and hereby are dismissed without prejudice
to the United States insofar as those claims relate to all other named Defendants;

4, The complaint be unsealed;

5. All other contents of the Court’s file in this action remain under seal
and not be made public or served upon Defendants, except for the United States’
Notice of Election to Intervene Against One Defendant and to Decline to Intervene
Against Other Defendants, the United States’ and Relator’s stipulation of dismissal,
and this Order, which will be served upon counsel for Daniel Markus, Inc. by the
United States;

6. The seal be lifted as to all matters occurring in this action after the
date of this Order; and

7. The hearing previously scheduled for April 28, 2022, is hereby

- l hk

HON, RENEE MARIE BUMB
United States District Judge

CANCELLED.

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