Joint Stipulation of Voluntary Dismissal by the United States and Relator (N.D. Tex., Dkt. 26)

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Joint Stipulation of Voluntary Dismissal by the United States and Relator in United States ex rel. Sidesolve, LLC v. Empire Roofing, Inc. and other defendants, Civil Case No. 3:22-CV-2060-B, in the U.S. District Court for the Northern District of Texas, Dallas Division, Document 26, filed December 6, 2023. The stipulation states that the United States filed a Notice of Partial Intervention for Purpose of Settlement on November 30, 2023, and that a Settlement Agreement was executed that day. It asks for an order dismissing with prejudice claims within the Covered Conduct as to the United States and all claims as to the Relator, with the Court retaining jurisdiction over disputes under the Settlement Agreement. A proposed order accompanies it.

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      Case 3:22-cv-02060-B Document 26 Filed 12/06/23          Page 1 of 4 PageID 94



                        IN THE UNITED STATES DISTRICT COURT
                        FOR THE NORTHERN DISTRICT OF TEXAS
                                   DALLAS DIVISION
                         _____________________________________


 UNITED STATES OF AMERICA ex rel.
 SIDESOLVE, LLC,

         Plaintiffs,

 v.                                                    Civil Case No. 3:22-CV-2060-B

 EMPIRE ROOFING, INC.; EMPIRE ROOFING
 COMPANIES, INC.; EMPIRE ROOFING OF
 OKLAHOMA, INC.; EMPIRE ROOFING AND
 SHEET METAL, INC.; SR DISPOSAL, LTD
 f/k/a EMPIRE DISPOSAL, LTD; EMPIRE
 ROOFING COMPANY SOUTHEAST, LLC;
 EMPIRE ROOFING COMPANY OF GEORGIA,
 LLC; RONNIE MCGLOTHLIN; SANDRA
 SEDILLO-MCGLOTHLIN; AND TECTA
 AMERICA CORP.,

          Defendants.

                JOINT STIPULATION OF VOLUNTARY DISMISSAL
                    BY THE UNITED STATES AND RELATOR

        On November 30, 2023, the United States of America filed its Notice of Partial

Intervention for Purpose of Settlement, and intervened in this action as to certain claims

asserted on behalf of the United States against Defendants Empire Roofing, Inc., Empire

Roofing Companies, Inc., Empire Roofing Company Southeast, LLC, Empire Roofing

Company of Georgia, Inc., Empire Roofing of Oklahoma, Inc., Empire Roofing and

Sheet Metal, Inc., SR Disposal, Ltd. (f/k/a Empire Disposal, Ltd.), Ronnie McGlothlin,

Sandra Sedillo McGlothlin, and Tecta America Corp (Defendants).
   Case 3:22-cv-02060-B Document 26 Filed 12/06/23             Page 2 of 4 PageID 95



       Pursuant to the Settlement Agreement executed by and amongst the United States,

Defendants, and Relator Sidesolve, LLC (Relator) on November 30, 2023, the United

States and Relator by and through their respective attorneys, hereby jointly stipulate and

agree, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and the qui tam

provisions of the False Claims Act, 31 U.S.C. § 3730(b)(1), to an entry of an order: (1) as

to the United States, dismissing with prejudice any claims asserted against Defendants

that are included within the Covered Conduct as defined in the Settlement Agreement,

and otherwise dismissing without prejudice to the United States any other claims asserted

within this action; (2) as to the Relator, dismissing with prejudice any claims asserted in

this action against Defendants; and (3) providing that the Court retain jurisdiction over

any disputes that may arise regarding the Settlement Agreement referenced herein.

       Relator stipulates and agrees that the Settlement Agreement referenced herein and

the terms and conditions described therein are fair, adequate, and reasonable under all the

circumstances in this case, that Relator will not challenge the settlement pursuant to 31

U.S.C. § 3730(c)(2)(B), and that Relator expressly waives the opportunity for a hearing

on any objection to the settlement under 31 U.S.C. § 3730(c)(2)(B).

       A proposed order accompanies this joint stipulation.




                                            -2-
   Case 3:22-cv-02060-B Document 26 Filed 12/06/23     Page 3 of 4 PageID 96



Respectfully submitted,

LEIGHA SIMONTON
UNITED STATES ATTORNEY

/s/ William C. Admussen                    /s/ Jason Marcus
William C. Admussen                        Jason Marcus
Illinois Bar No. 6335479                   Georgia Bar No. 949698
Andrew S. Robbins                          Bracker & Marcus LLC
New York Bar No. 4836508                   3355 Lenox Road, Suite 660
Assistant United States Attorneys          Atlanta, Georgia 30326
1100 Commerce Street, Third Floor          Telephone: (770) 988-5035
Dallas, Texas 75242-1699                   Facsimile: (678) 648-5544
Telephone: 214-659-8600                    Jason@fcacounsel.com
Facsimile: 214-659-8807
william.admussen@usdoj.gov                 Attorney for Relator Sidesolve, LLC
andrew.robbins@usdoj.gov

Attorneys for the United States of
America




                                     -3-
   Case 3:22-cv-02060-B Document 26 Filed 12/06/23              Page 4 of 4 PageID 97




                             CERTIFICATE OF SERVICE

       On December 6, 2023, I electronically submitted the foregoing document with the

clerk of court for the U.S. District Court, Northern District of Texas, using the electronic

case filing system of the court. I hereby certify that I have served all parties

electronically or by another manner authorized by Federal Rule of Civil Procedure

5(b)(2).

                                                  /s/ William C. Admussen
                                                  WILLIAM C. ADMUSSEN
                                                  Assistant United States Attorney


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