Notice of Partial Dismissal — United States of America ex rel. Alexandra Poole v. The Rensselaerville Institute, Inc., and Rodney M. Fuller, Case 1:21-cv-00943-MAD-ATB, Document 14
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Notice of Partial Dismissal in the United States District Court for the Northern District of New York, United States of America ex rel. Alexandra Poole v. The Rensselaerville Institute, Inc., and Rodney M. Fuller, Case 1:21-cv-00943-MAD-ATB, Document 14, filed 11/14/22. The relator and the United States dismiss with prejudice the False Claims Act fraud claims against The Rensselaerville Institute, Inc., and the relator, with the written consent of the United States, dismisses without prejudice the fraud claims against Rodney M. Fuller. The claim against the Institute under the whistleblower protection provisions of 31 U.S.C. § 3730(h), and the claims for expenses, fees and costs, are not dismissed. The notice is so ordered on 11/14/2022, and the government's consent is dated November 7, 2022 over the name of United States Attorney Carla B. Freedman.
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA, ex rel. 1-21 CV 943 (MAD)/(ATB) ALEXANDRA POOLE, Plaintiffs, Vv. THE RENSSELAERVILLE INSTITUTE, INC., and RODNEY M. FULLER, individually, Defendants. NOTICE OF PARTIAL DISMISSAL UNDER R. 41(A)Q)Q) No defendant having served either an answer or a motion for summary judgment in the above-captioned action, pursuant to Fed. R. Civ. P. 41(a)(1)(1), plaintiff-relator Alexandra Poole (‘Relator’) and plaintiff the United States of America (the “United States’), acting through the United States Attorney's Office for the North District of New York, submit, for Court-order approval and filing, as required by 31 U.S.C. § 3730(b)(1), the following notice of partial dismissal: 1. Relator and the United States dismiss with prejudice all causes of action against THE RENSSELAERVILLE INSTITUTE, INC. arising under the fraud provisions of the False Claims Act, 31 U.S.C. § 3729(a)(1), as alleged in Count | of the Complaint; 2. Relator, having received the attached written consent from the United States pursuant to 31 U.S.C. § 3730(b)(1), dismisses without prejudice as to Relator or to the United Case 1:21-cv-00943-MAD-ATB Document14_ Filed 11/14/22 Page2of4 States all causes of action against RODNEY M. FULLER arising under the fraud provisions of the False Claims Act, 31 U.S.C. § 3729(a)(1), as alleged in Count 1 of the Complaint; 3. Relator does not dismiss the cause of action against THE RENSSELAERVILLE INSTITUTE, INC. arising under the whistleblower protection provisions of the False Claims Act, 31 U.S.C. § 3730(h), as alleged in Count 2 of the Complaint; 4. Relator does not dismiss any claim for expenses, attorneys’ fees and costs against THE RENSSELAERVILLE INSTITUTE, INC., arising under Sections 3730(d)(1) and 3730(h)(2) of the False Claims Act; 5. Relator and the United States shall bear their own costs and attorneys’ fees in connection with the claims being dismissed by this notice. 6. No party to this action is an infant or incompetent. By the Relator, /s/ Timothy J. McInnis Bar Roll No. 2205086 McInnis Law 521 Fifth Avenue, 17" Floor New York, NY 10175 Tel :( 212) 292-4573 Fax: (212) 292-4574 Email: tmcinnis@mcinnis-law.com Thomas R. Fallati, Esq. Tabner Ryan and Keniry LLP 18 Corporate Woods Boulevard, Albany, NY 12211 Tel. (518) 512-5307 Fax (518) 465-5112 Email: trf@trklaw.com Case 1:21-cv-00943-MAD-ATB SO ORDERRED: 4 VIE MAE A. D’AGOSZENO UNITED STATES DISTRICT JUDGE DATE: 11/14/2022 By the United States, /s/ Adam J. Katz Bar Roll No. 517894 Assistant United States Attorney United States Attorney’s Office, for the Norther District of New York 445 Broadway, Room 218 Albany, New York 12207 Tel. (518) 431-0247 Email: adam.katz@usdoj.gov Case 1:21-cv-00943-MAD-ATB Document14_ Filed 11/14/22 Page4of4 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA ex rel. ALEXANDRA POOLE, Plaintiff, No. 21-cv-943 (MAD/ATB) THE RENSSELAERVILLE INSTITUTE, INC. and RODNEY M. FULLER, Defendants. The United States’ Notice of Consent to Dismissal Pursuant to the False Claims Act, 31 U.S.C. § 3730(b)(1), the United States hereby notifies the Court that the Attorney General consents to the dismissal of Relator’s claims against defendant Rodney M. Fuller without prejudice to the rights of the United States, based on the United States’ determination that such a dismissal is commensurate with the public interest and that the matter does not warrant the continued expenditure of government resources to pursue or monitor the action based on currently available information. Respectfully submitted, CARLA B. FREEDMAN United States Attorney November 7, 2022 By: Adam J. Katz Adam J. Katz Assistant United States Attorney Bar Roll No. 517894
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