Corrected Joint Stipulation of Dismissal (W.D. Mich., Dkt. 22)

Summary

A Corrected Joint Stipulation of Dismissal, ECF No. 22, filed 06/10/22 in Case 1:21-cv-00548-JMB-SJB, United States of America, ex rel. Jared M. DePouw v. DMR Transportation, L.L.C., et al., Case No. 1:21-cv-548, in the United States District Court, Western District of Michigan, Southern Division, before Judge Jane M. Beckering. The United States, the Relator and the Defendants, DMR Transportation, Semsi Salja and Anes Suhonjic, agree that the United States dismisses the Defendants with prejudice subject to the Settlement Agreement, without prejudice as to conduct other than the Covered Conduct. The Relator stipulates to dismissal with prejudice, but the stipulation does not dismiss the Relator's claims for statutory attorneys' fees and costs. The Court retains jurisdiction to enforce the Settlement Agreement, and the stipulation is dated June 10, 2022.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

 Case 1:21-cv-00548-JMB-SJB ECF No. 22, PageID.76 Filed 06/10/22 Page 1 of 3




                             UNITED STATES DISTRICT COURT
                             WESTERN DISTRICT OF MICHIGAN
                                  SOUTHERN DIVISION

UNITED STATES OF AMERICA,
ex rel. JARED M. DEPOUW,

               Plaintiffs,                                     Case No. 1:21-cv-548

v.                                                             Hon. Jane M. Beckering
                                                               United States District Judge

DMR TRANSPORTATION, L.L.C., et al.,

            Defendants.
____________________________________/

                  CORRECTED JOINT STIPULATION OF DISMISSAL

       Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) and the False Claims Act, 31

U.S.C. § 3730(b)(1), the United States of America, Relator Jared DePouw, and Defendants DMR

Transportation, L.L.C., Semsi Salja, and Anes Suhonjic (together with DMR Transportation and

Mr. Salja, the “Defendants,” and Defendants, together with the United States and Relator, the

“Parties”), hereby agree as follows:

              The United States stipulates to the dismissal of Defendants with prejudice
               as to the United States, subject to the terms of the Parties’ Settlement
               Agreement attached hereto as Exhibit A (the “Settlement Agreement”). The
               stipulation of dismissal is without prejudice to the United States as to any
               conduct other than the Covered Conduct, as that term is defined in the
               Settlement Agreement (the “Covered Conduct”).

              Subject to the terms of the Settlement Agreement, Relator stipulates to the
               dismissal of this action against Defendants, with prejudice. This Stipulation
               does not dismiss Relators’ claims for statutory attorneys’ fees and costs as
               set forth in the Settlement Agreement (Exhibit A).

       In support of this stipulation, the Parties state as follows:

       To resolve the claims asserted against Defendants in this action, the Parties have executed

a Settlement Agreement. Subject to the terms of that Settlement Agreement, the United States
 Case 1:21-cv-00548-JMB-SJB ECF No. 22, PageID.77 Filed 06/10/22 Page 2 of 3




stipulates to the dismissal of Defendants with prejudice as to the United States. The dismissal of

Defendants, however, shall be without prejudice to the United States for any conduct other than

the Covered Conduct.

       Subject to the terms of the Settlement Agreement—including payment of attorney’s fees

and costs as set forth in the Settlement Agreement—Relator stipulates to the dismissal of this

action against Defendants, with prejudice. This Stipulation does not dismiss Relators’ claims for

statutory attorneys’ fees and costs as set forth in the Settlement Agreement (Exhibit A).

       The United States and Relator are entitled to dismiss this action at this time under the

provisions of Federal Rule of Civil Procedure 41(a)(1)(A)(i). Defendants join this stipulation. The

Court retains jurisdiction to enforce the terms of the Settlement Agreement.



Respectfully submitted,


MARK A. TOTTEN
United States Attorney

/s/ Adam B. Townshend                                 /s/ Tessa K. Muir
ADAM B. TOWNSHEND                                     TESSA K. MUIR
Assistant United States Attorney                      SPRINGSTEAD, BARTISH,
P.O. Box 208                                          BORGULA & LYNCH, PLLC
Grand Rapids, MI 49501-0208                           60 Monroe Center St. NW, #500
(616) 456-2404                                        Grand Rapids, MI 49503
adam.townshend@usdoj.gov                              tessa@sbbllaw.com

Counsel for United States                             Counsel for Relator

Dated: June 10, 2022                                  Dated: June 10, 2022




                                                2
Case 1:21-cv-00548-JMB-SJB ECF No. 22, PageID.78 Filed 06/10/22 Page 3 of 3




/s/ Gary J. Mouw                         /s/ Charles E. Chamberlain, Jr.
GARY J. MOUW                             CHARLES E. CHAMBERLAIN, JR.
RONALD G. DEWAARD                        300 Ottawa Ave. NW, #810
Varnum LLP                               Grand Rapids, MI 49503
333 Bridge Street NW, #1700              E-mail: cec@willeychamberlain.com
Grand Rapids, MI 49501
Email: gjmouw@varnum.com

Dated: June 10, 2022                     Dated: June 10, 2022

Attorneys for DMR Transportation         Attorney for Semsi Salja
and Anes Suhonjic




                                     3


File and source

File

22.pdf

Size

136,573 bytes

SHA-256

a05c7b2df8eb1e82bda5a9059e129310b5d5713b5ddf06e0b9767b0dc2d6f8dc

Our copy

22.pdf

Original

archive.org