Joint Stipulation of Voluntary Dismissal by the United States and Relator (E.D. Cal., Dkt. 27, July 11, 2023)

Summary

A Joint Stipulation of Voluntary Dismissal by the United States and Relator, Document 27, filed 07/11/23 in Case No. 1:20-CV-00942-ADA-BAM, United States ex rel. Bell Hill, LLC v. John Seasholtz and others, in the Eastern District of California. Under Federal Rules of Civil Procedure Rule 41(a), the United States and Relator stipulate that the action be dismissed under the terms of an attached Settlement Agreement with an effective date of December 21, 2022. The dismissal is with prejudice as to the Relator. Claims against the Seasholtz Defendants are dismissed with prejudice as to the United States for the Covered Conduct as defined in the Settlement Agreement, and otherwise without prejudice. Claims against Bank of the West, on which the United States previously declined to intervene, are dismissed without prejudice to the United States.

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“Joint Stipulation of Voluntary Dismissal by the United States and Relator (E.D. Cal., Dkt. 27, July 11, 2023).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-e-d-cal-no-1-20-cv-00942-dkt-27-e-d-cal-cec8ad2fc1/, SHA-256 1d0596572e7115aff9052d9c411d019f0dbb0f2e42643bd8662b78c7bde4ebf1.

Full text

Case 1:20-cv-00942-ADA-BAM Document 27 Filed 07/11/23 Page 1 of 3

1 PHILLIP A. TALBERT
United States Attorney
2 EMILIA P. E. MORRIS
Assistant United States Attorney
3 2500 Tulare Street, Suite 4401
Fresno, CA 93721
4 Telephone: (559) 497-4000
Facsimile: (559) 497-4099
5
BRIAN M. BOYNTON
6 Principal Deputy Assistant Attorney General
JAMIE ANN YAVELBERG
7 COLIN M. HUNTLEY
JARED S. WIESNER
8 Department of Justice
Civil Division - Fraud Section
9 Commercial Litigation Branch
U.S. Department of Justice
10 175 N Street, NE
Washington, D.C. 20002
11 Telephone: (202) 353-1274
Facsimile: (202) 541-0280
12
Attorneys for United States of America
13

14 IN THE UNITED STATES DISTRICT COURT

15 EASTERN DISTRICT OF CALIFORNIA

17 UNITED STATES, ex rel., BELL HILL, LLC, CASE NO. 1:20-CV-00942-ADA-BAM

18 Plaintiff, JOINT STIPULATION OF VOLUNTARY
DISMISSAL BY THE UNITED STATES AND
19 v. RELATOR

20 JOHN SEASHOLTZ; SWEETWOOD FARM
CO. LLC; MENDOTA LAND COMPANY;
21 SWEETWOOD FARM INC; SEASHOLTZ
CO. LLC; and BANK OF THE WEST,
22
Defendants.
23

28
JOINT STIPULATION OF VOLUNTARY DISMISSAL BY
THE UNITED STATES AND RELATOR
Case 1:20-cv-00942-ADA-BAM Document 27 Filed 07/11/23 Page 2 of 3

1 Pursuant to Federal Rules of Civil Procedure Rule 41(a), the United States of America, and

2 Relator Bell Hill, LLC (“Relator”), hereby stipulate that the above-captioned action shall be dismissed

3 pursuant to the terms of the attached settlement agreement (the “Settlement Agreement”) between

4 Relator, the United States, and Defendants John Seasholtz, Sweetwood Farm Co. LLC, Mendota Land

5 Company, Sweetwood Farm Inc., and Seasholtz Co. LLC (“Seasholtz Defendants”) with an effective

6 date of December 21, 2022. The United States previously declined to intervene as to claims against

7 Defendant Bank of the West. (Doc. 25.)

8 The United States and Relator accordingly stipulate to the entry of the attached proposed Order

9 dismissing the False Claims Act claims asserted in this action on behalf of the United States. The

10 dismissal shall be with prejudice as to the Relator. The claims against the Seasholtz Defendants shall be

11 dismissed with prejudice as to the United States with respect to the Covered Conduct as defined in the

12 Settlement Agreement, and otherwise without prejudice. The claims against Bank of the West shall be

13 dismissed without prejudice to the United States.

14 A proposed order accompanies this notice.

16 Dated: July 11, 2023 PHILLIP A. TALBERT
United States Attorney
17

18 /s/ Emilia P. E. Morris
EMILIA P. E. MORRIS
19 Assistant United States Attorney
20
21
Dated: July 11, 2023 /s/ Justin Berger
22 JUSTIN BERGER
Cotchett, Pitre & McCarthy, LLP
23 Attorney for Relator
24

28
JOINT STIPULATION OF VOLUNTARY DISMISSAL BY
THE UNITED STATES AND RELATOR 1
Case 1:20-cv-00942-ADA-BAM Document 27 Filed 07/11/23 Page 3 of 3

1 CERTIFICATE OF SERVICE BY E-MAIL

2 The undersigned hereby certifies that she is an employee working in the United States Attorney’s

3 Office for the Eastern District of California and is a person of such age and discretion as to be competent

4 to serve papers.

5 That on July 11, 2023, she served a copy of

6 JOINT STIPULATION OF VOLUNTARY DISMISSAL BY THE UNITED STATES AND

7 RELATOR

8 via email only to the person(s) hereinafter named, at the place(s) and address(es) stated below, which

9 is/are the last known email address(es).

10 Addressee(s):

11 Justin T. Berger
jberger@cpmlegal.com
12

15 /s/ Marcela Vasquez
Marcela Vasquez
16

20
21

28
JOINT STIPULATION OF VOLUNTARY DISMISSAL BY
THE UNITED STATES AND RELATOR 2

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