United States v. Old Baldy Council of Boy Scouts , 227 F. App'x 665 ( 2007 )

MEMORANDUM^**

Glenn Goodwin appeals the district court’s dismissal of his qui tarn suit against Old Baldy Council of the Boy Scouts of America and Old Baldy cross-appeals the district court’s denial of its request- for attorneys’ fees. We affirm.

All the facts necessary to the allegations of fraud were publicly disclosed, whether or not the final contract was disclosed.¹ Accordingly, the district court correctly held that it lacked jurisdiction under 31 U.S.C. § 3730(e)(4)(A).²

The district court correctly denied attorneys’ fees to Old Baldy. An “award of fees under the False Claims Act is reserved for rare and special circumstances” ³ not present in this case.⁴

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

1 . See A-1 Ambulance Serv., Inc. v. California, 202 F.3d 1238, 1245 (9th Cir.2000).

2 . Because we affirm the district court's dismissal, we do not reach Old Baldy's alternative argument regarding summary judgment.

3 . Pfingston v. Ronan Eng’g Co., 284 F.3d 999, 1006-07 (9th Cir.2002).

4 . See 31 U.S.C. § 3730(d)(4).