Opinion
8:20-cv-858-TPB-TGW
09-20-2024
UNITED STATES OF AMERICA, et al., ex rel. LINCE JACOB, Plaintiffs, v. WALGREEN BOOTS ALLIANCE, INC., Defendant.
ORDER FOR PARTIAL DISMISSAL OF CLAIMS
HON. THOMAS BARBER, UNITED STATES DISTRICT JUDGE
Upon consideration of the United States of America's and Relator Lince Jacob's “Joint Notice of Partial Dismissal” (Doc. 52), and pursuant to the terms of the August 30, 2024, Settlement Agreement (the “Federal Settlement Agreement”) (Doc. 52-1) among the United States, Relator, Defendant Walgreens Boots Alliance, Inc., and Walgreen Co., it is hereby:
ORDERED, ADJUDGED, and DECREED:
1. As to the United States, and consistent with and subject to the terms of the Federal Settlement Agreement, the claims asserted in the action against Walgreens that are included within the covered conduct, as described in the “Joint Notice of Partial Dismissal” and identified in paragraph H of the Federal Settlement Agreement, are dismissed with prejudice, and any other claims against Walgreens are dismissed without prejudice;
2. As to Relator, and consistent with and subject to the terms of the Federal Settlement Agreement, the claims asserted in the action against Walgreens that are included within the covered conduct, as described in the “Joint Notice of Partial Dismissal” and identified in paragraph H of the Federal Settlement Agreement, are dismissed with prejudice, and any other claims against Walgreens involving or on behalf of the State Plaintiffs under their respective state false claims acts are not dismissed at this time;
The “State Plaintiffs” are Alaska, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Rhode Island, Tennessee, Texas, Vermont, Virginia, Washington, and the District of Columbia.
3. The Court will retain jurisdiction over any dispute that may arise over compliance with such terms, including any dispute relating to Relator's reasonable expenses, attorney's fees, and costs, pursuant to 31 U.S.C. § 3730(d), and to enforce the terms and conditions of the Federal Settlement Agreement, to the extent necessary; and
4. This Order does not affect any claims by the State Plaintiffs.