Pandemic Darlings The pandemic economy, in original documents
Home Order Granting Stipulation of Dismissal — No. 1:20-cv-00942 (Dkt. 30, E.D. Cal.)Search ⌕

Order Granting Stipulation of Dismissal — No. 1:20-cv-00942 (Dkt. 30, E.D. Cal.)

Summary

An order granting a stipulation of dismissal under Fed. R. Civ. P. 41(a) in United States ex rel. Bell Hill, LLC v. John Seasholtz, et al., No. 1:20-cv-00942-ADA-BAM, in the U.S. District Court for the Eastern District of California, dated August 10, 2023 and filed as Document 30. The order recounts that the United States intervened in the False Claims Act claims against the Seasholtz Defendants, declined to intervene as to Bank of the West, and negotiated a settlement whose Covered Conduct consists of allegations that the Seasholtz Defendants misrepresented payroll and headcounts on PPP applications and used PPP loans to pay down personal lines of credit. Citing 31 U.S.C. § 3730(b)(1), the court finds no settlement term unfair. The action is dismissed with prejudice as to the relator and without prejudice as to Bank of the West.

Summary drafted by a model from the text of the original file linked on this page 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

Cite this document

“Order Granting Stipulation of Dismissal — No. 1:20-cv-00942 (Dkt. 30, E.D. Cal.).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-granting-stipulation-of-dismissal-no-1-20-cv-00942-dkt-30-e-d-ca-91e95e32f0/, SHA-256 b35267a0ebaac720d519efbb4f14302792ae7fb44de2671af80f5004b2ed1536.

Full text

     Case 1:20-cv-00942-ADA-BAM Document 30 Filed 08/10/23 Page 1 of 3


 1

 2

 3

 4

 5

 6

 7

 8                                    UNITED STATES DISTRICT COURT
 9                         FOR THE EASTERN DISTRICT OF CALIFORNIA
10

11    UNITED STATES, ex rel., BELL HILL,                No. 1:20-cv-00942-ADA-BAM
      LLC,
12
                         Plaintiff,
13                                                      ORDER GRANTING STIPULATION OF
             v.                                         DISMISSAL PURSUANT TO FED. R. CIV. P.
14                                                      41(a)
      JOHN SEASHOLTZ, et al.,
15                                                      (ECF No. 27)
                         Defendants.
16

17          On July 6, 2020, Relator-Plaintiff Bell Hill, LLC filed this qui tam action pursuant to the

18   False Claims Act, 31 U.S.C. §§ 3729–3733. (ECF No. 1.) After several extensions of time, the

19   Court granted the United States’ election to intervene in the claims against Defendants John

20   Seasholtz, Sweetwood Farm Company, LLC, Mendota Land Company, Sweetwood Farm, Inc.,

21   and Seasholtz Co., LLC (“the Seasholtz Defendants”). (ECF No. 26.) The United States declined

22   to intervene as to the claims against Defendant Bank of the West. (ECF No. 25.) On July 11,

23   2023, the United States and Relator-Plaintiff filed a stipulation, pursuant to Federal Rule of Civil

24   Procedure 41(a)(1) to dismiss “with prejudice as to the United States with respect to the Covered

25   Conduct as defined in the Settlement Agreement, and otherwise without prejudice.” (ECF No. 27

26   at 2.) According to the parties’ settlement agreement, the “Covered Conduct” consists of

27   allegations that the Seasholtz Defendants (1) misrepresented payroll and employee headcounts

28   when applying for Paycheck Protection Program (“PPP”) loans, (2) impermissibly used PPP
                                                        1
     Case 1:20-cv-00942-ADA-BAM Document 30 Filed 08/10/23 Page 2 of 3


 1   loans to pay down personal lines of credit, and (3) made false statements in connection with
 2   obtaining PPP loans. (ECF No. 29-1 at 4.)
 3          Rule 41(a)(1) permits a plaintiff to dismiss an action without a court order by stipulation
 4   of the parties. Fed. R. Civ. P. 41(a)(1)(A)(ii). This rule is, however, “subject to . . . any
 5   applicable federal statute.” Id. 41(a)(1)(A). As relevant here, a qui tam action under the False
 6   Claims Act “may be dismissed only if the court and the Attorney General give written consent to
 7   the dismissal and their reasons for consenting.” 31 U.S.C. § 3730(b)(1). This provision modifies
 8   the typical procedure under Rule 41(a) to require a court’s consent for stipulated dismissals under
 9   the False Claims Act. Youssef v. Tishman Constr. Corp., 744 F.3d 821, 826 (2d Cir. 2014); see
10   also United States ex rel. McGough v. Covington Techs. Co., 967 F.2d 1391, 1397 (9th Cir. 1992)
11   (emphasizing the requirement that qui tam dismissals comply with the language of 31 U.S.C. §
12   3730(b)(1)). The purpose of this rule is to prevent a relator-plaintiff from dismissing a qui tam
13   action before the government has decided whether to intervene. See Minotti v. Lensink, 895 F.2d
14   100, 103 (2d Cir. 1990).
15          Here, the United States previously decided to intervene in this action and worked with
16   both the Relator-Plaintiff and the Seasholtz Defendants to negotiate a settlement. The settlement
17   agreement contains the signatures of the attorneys representing the United States, Relator-
18   Plaintiff, and the Seasholtz Defendants. Additionally, the Court does not find any of the terms in
19   the settlement agreement unfair or otherwise objectionable.
20          Accordingly,
21          1.      The stipulation to dismiss the action, (ECF No. 27), is granted as follows:
22                  a.      As to the Relator-Plaintiff, the action is dismissed with prejudice;
23                  b.      As to Defendants John Seasholtz, Sweetwood Farm Co., LLC, Mendota
24                          Land Co., Sweetwood Farm Inc., and Seasholtz Co., LLC, the action is
25                          dismissed with prejudice as to the United States for the Covered Conduct
26                          as set forth in the settlement agreement, and otherwise without prejudice;
27                          and
28   ///
                                                         2
     Case 1:20-cv-00942-ADA-BAM Document 30 Filed 08/10/23 Page 3 of 3


 1               c.      As to Defendant Bank of the West, the action is dismissed without
 2                       prejudice as to the United States.
 3

 4

 5   IT IS SO ORDERED.

 6      Dated:   August 10, 2023
                                                     UNITED STATES DISTRICT JUDGE
 7

 8

 9

10

11

12

13

14

15

16

17

18

19
20

21

22

23

24

25

26

27

28
                                                    3


File and source

File
30-order-granting-stipulation-of-dismissal.pdf
Size
119,489 bytes
SHA-256
b35267a0ebaac720d519efbb4f14302792ae7fb44de2671af80f5004b2ed1536
Our copy
30-order-granting-stipulation-of-dismissal.pdf
Original
archive.org
Back to top