United States of America v. Bara Infoware, Inc. ( 2020 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 OAKLAND DIVISION 10 11 UNITED STATES OF AMERICA ex rel. Case No: 17-cv-06523 SBA 12 SIMRAT RANDHAWA, ORDER 1) ADOPTING REPORT 13 Plaintiff, AND RECOMMENDATION AND 2) GRANTING REQUEST FOR 14 vs. DISMISSAL WITHOUT PREJUDICE AND PARTIAL UNSEALING 15 BARA INFOWARE, INC., et al., Dkt. 21, 24 16 Defendants. 17 On January 13, 2020, Relator Simrat Randhawa (“Relator”) filed a Notice of 18 Dismissal [Without Prejudice] and Request for Partial Unsealing, and [Proposed] Order 19 Thereon in this qui tam action. Dkt. 21. Relator seeks to dismiss the action without 20 prejudice to her rights or the rights of the United States. Id. The United States consents to 21 the dismissal pursuant to 31 U.S.C. § 3730(b)(1). Id. It also requests that the Complaint, 22 Summons, Case Scheduling Order, Notice of Voluntary Dismissal, and anticipated Court 23 order dismissing the action, as well as any subsequent filings, be unsealed. Id. 24 On January 17, 2020, Chief Magistrate Judge Joseph C. Spero issued a Report and 25 Recommendation Regarding Request for Dismissal (“R&R”). Dkt. 24. Magistrate Judge 26 Spero notes that, although Relator purports to file a “notice of dismissal,” a Court order is 27 required. Id. (citing 31 U.S.C. § 3730(b)(1) (“The action may be dismissed only if the 1 court and the Attorney General give written consent to the dismissal and their reasons for 2 consenting.”)). Finding no reason to deny the request for dismissal without prejudice and 3 partial unsealing, Magistrate Judge Spero recommends that the Court grant the same. 4 However, because a magistrate judge lacks jurisdiction to dismiss an action without the 5 consent of all parties—including non-appearing defendants—Magistrate Judge Spero 6 ordered that the action be reassigned to a district judge. The deadline to file objections to 7 the R&R was January 31, 2020. See 28 U.S.C. § 636(b)(1)(C). 8 On January 21, 2020, this Court issued an Order Regarding Request for Partial 9 Unsealing (“Unsealing Order”), proposing to enlarge the scope of the unsealing beyond 10 those filings identified by the United States. Dkt. 27. The Court identified the filings that 11 would remain under seal and invited the parties to file any objection to the proposal by 12 January 31, 2020. The Court advised that, absent any objection, the action would be 13 unsealed in the manner described in the Unsealing Order. Id. 14 To date, the Court has received no objections to the R&R or the Unsealing Order. In 15 the absence of a timely objection to a magistrate judge’s report and recommendation, “the 16 court need only satisfy itself that there is no clear error on the face of the record in order to 17 accept the recommendation.” Fed. R. Civ. P. 72 advisory committee notes to 1983 18 amendment (citing Campbell v. U.S. Dist. Court, 501 F.2d 196, 206 (9th Cir. 1974)); see 19 also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“The 20 statute [28 U.S.C. § 636(b)(1)(C)] makes it clear that the district judge must review the 21 magistrate judge’s findings and recommendations de novo if objection is made, but not 22 otherwise.”). The Court has reviewed the record and finds no clear error. 23 Accordingly, 24 IT IS HEREBY ORDERED THAT: 25 1. The R&R (Dkt. 24) is ADOPTED and the Notice of Dismissal and Request for 26 Partial Unsealing (Dkt. 21) is GRANTED. 27 2. The action is hereby DISMISSED without prejudice to the rights of Relator or the 1 3. The Clerk shall UNSEAL the action and all filings, except the following: 2 e Stipulation and Request for Enlargement of Time to Elect or Decline to 3 Intervene, Dkt. 10; 4 e Order Granting Stipulation and Request for Enlargement of Time to Elect or Decline to Intervene, Dkt. 11 5 e Stipulation and Request for Enlargement of Time to Elect or Decline to 6 Intervene, Dkt. 12; 7 e Order Granting Stipulation and Request for Enlargement of Time to Elect or Decline to Intervene, Dkt. 13; 8 e Stipulation and Request for Enlargement of Time to Elect or Decline to 9 Intervene, Dkt. 14; 10 e Order Granting Stipulation and Request for Enlargement of Time to Elect or Decline to Intervene, Dkt. 15; e United States’ Notice Concerning Possible Breach of Seal, Dkt. 17; 12 e Stipulation and Request for Enlargement of Time to Elect or Decline to 13 Intervene, Dkt. 18; and 14 e Order Granting Stipulation and Request for Enlargement of Time to Elect or Decline to Intervene, Dkt. 19. 151! The Clerk shall SEAL the filings identified above. 16 4. This Order terminates the action, and the Clerk shall close the file. 17 IT IS SO ORDERED. 18 Dated: 02/04/20 Aeuntin I Gonatiing 19 AUNDRA BROWN ARMSTR Senior United States District Judge 20 21 22 23 24 25 26 27 28 -3-