Stipulation of dismissal — No. 1:22-cv-00028 (Dkt. 38, W.D. Mich.)
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Case 1:22-cv-00028-HYJ-PJG ECF No. 38, PageID.532 Filed 03/09/23 Page 1 of 3
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
UNITED STATES OF AMERICA, ex rel.
MACKINAC CENTER FOR PUBLIC
POLICY,
Case No. 1:22-cv-00028
Plaintiff,
Hon. Hala Y. Jarbou
v. United States District Judge
MICHIGAN EDUCATION
ASSOCIATION, et al.,
Defendants.
_______________________________________/
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 and Relator
Mackinac Center for Public Policy (collectively, the “Plaintiff Parties”) stipulate as
follows:
• The United States stipulates to the dismissal of Defendants Michigan
Education Association and Michigan Education Special Services Association
(collectively, the “Defendants”) with prejudice as to the United States, subject
to the terms of the parties’ settlement agreements attached hereto as Exhibit
A and Exhibit B (collectively the “Settlement Agreements”). The stipulation
of dismissal is without prejudice as to the United States as to any conduct
other than the Covered Conduct as that term is defined in the Settlement
Agreements (the “Covered Conduct”).
• Subject to the terms of the Settlement Agreements, Relator stipulates to the
dismissal of this action against Defendants, with prejudice. This Stipulation
does not dismiss Relator’s claim for statutory attorneys’ fees and costs as set
forth in the Settlement Agreements.
In support of this stipulation, the Plaintiff Parties state as follows:
Case 1:22-cv-00028-HYJ-PJG ECF No. 38, PageID.533 Filed 03/09/23 Page 2 of 3
To resolve the claims asserted against Defendants in this action, the parties
have executed the Settlement Agreements. Subject to the terms of those Settlement
Agreements, the United States 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 Agreements—including payment of
attorneys’ fees and costs as set forth in the Settlement Agreements—Relator
stipulates to the dismissal of this action against Defendants, with prejudice. This
Stipulation does not dismiss Relator’s claims for statutory attorneys’ fees and costs
as set forth in the Settlement Agreements.
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). The Court
retains jurisdiction to enforce the terms of the Settlement Agreements.
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Case 1:22-cv-00028-HYJ-PJG ECF No. 38, PageID.534 Filed 03/09/23 Page 3 of 3
Respectfully submitted:
/s Andrew J. Hull /s James R. Peterson (with permission)
ANDREW J. HULL JAMES R. PETERSON
Assistant United States Attorney Miller Johnson
U.S. Attorney’s Office 45 Ottawa Ave. SW
Western District of Michigan Grand Rapids, MI 49503
P.O. Box 508 Tel: (616) 831-1700
Grand Rapids, MI 49503 Email: PetersonJ@millerjohnson.com
Tel: (616) 808-2045
E-mail: Andrew.Hull@usdoj.gov Counsel for Relator Mackinac Center
for Public Policy
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney Dated: March 9, 2023
General, Civil Division
JAMIE ANN YAVELBERG
ALLISON CENDALI
EVAN J. BALLAN
Attorneys, Civil Division
United States Department of Justice
P.O. Box 261, Ben Franklin Station
Washington, DC 20044
Counsel for the United States
Dated: March 9, 2023
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