United States ex rel. GNGH2 Inc. v. Topy America, Inc. — Order, Eastern District of Kentucky (Doc. 18)

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An order filed April 30, 2025 as Doc 18 in United States of America ex rel. GNGH2 Inc. v. Topy America, Inc., Case No. 3:24-cv-00003-GFVT, in the U.S. District Court for the Eastern District of Kentucky. The court grants the parties' Joint Stipulation of Dismissal [R. 17], filed under Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and subject to a Settlement Agreement effective March 19, 2025 among the United States, the relator and the defendant. All claims are dismissed with prejudice, and each party bears its own fees and costs. The order keeps pending the relator's claim for a share of the settlement proceeds under 31 U.S.C. § 3730(d)(1).

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 Case: 3:24-cv-00003-GFVT                Doc #: 18       Filed: 04/30/25   Page: 1 of 2 - Page ID#: 73




                                   UNITED STATES DISTRICT COURT
                                   EASTERN DISTRICT OF KENTUCKY
                                         CENTRAL DIVISION
                                            FRANKFORT

UNITED STATES OF AMERICA ex rel.                     )
GNGH2 INC.,                                          )
                                                     )         Case No. 3:24-cv-00003-GFVT
          Plaintiff-Relator,                         )
                                                     )
v.                                                   )                     ORDER
                                                     )
TOPY AMERICA, INC.,                                  )
                                                     )
          Defendant.                                 )
                                                  )
                                          *** *** *** ***

            This matter is before the Court upon the Parties Joint Stipulation of Dismissal. [R. 17.]

     The parties seek dismissal with prejudice pursuant to Federal Rule of Civil Procedure

     41(a)(1)(A)(ii) and “subject to the terms of the Settlement Agreement effective March 19, 2025

     among the United States, Relator GNGH2 Inc., and Defendant Topy America, Inc.” Id. The

     parties also notify the Court that Relator GNGH2 “specifically reserves any claims under 31

     U.S.C. § 3730(d)(1) for a share of the proceeds of the settlement” and thus “Relator’s claim for a

     share of the proceeds of the settlement under 31 U.S.C. § 3730(d)(1) shall remain pending before

     the Court.”

                Accordingly, and the Court being sufficiently advised, it is hereby ORDERED as

     follows:

            1.     The parties’ Joint Stipulation of Dismissal [R. 17] is GRANTED

            2.     All claims in this matter are DISMISSED WITH PREJUDICE. Each party shall

                   bear its own fees and costs;
Case: 3:24-cv-00003-GFVT          Doc #: 18       Filed: 04/30/25   Page: 2 of 2 - Page ID#: 74




       3.   Relator specifically reserves any claims under 31 U.S.C. § 3730(d)(1) for a share of

            the proceeds of the settlement; and

       4.   Relator’s claim for a share of the proceeds of the settlement under 31 U.S.C. §

            3730(d)(1) shall remain pending before the Court.



This is the 30th day of April, 2025.


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