United States of America v. Anthem, Inc.

• Court: District Court, C.D. California
• Decided: November 18, 2022
• Docket: 2:21-cv-05766
• Status: Unknown

Opinion

Case 2:21-cv-05766-CBM-PVC Document 46 Filed 11/18/22 Pagelof2 Page ID #:409

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL

Case No. CV 21-5766-CBM-(PVCx) Date November 18, 2022 [JS-6]

Title United States of America et al. v. Anthem, Inc. et al.

Present: The Honorable | CONSUELO B. MARSHALL, UNITED STATES DISTRICT JUDGE YOLANDA SKIPPER NOT REPORTED

Deputy Clerk Court Reporter

Attorneys Present for Plaintiffs: Attorneys Present for Defendants: NONE PRESENT NONE PRESENT

Proceedings: IN CHAMBERS- ORDER DISMISSING ACTION WITHOUT PREJUDICE _ [JS-6] This is a qui tam action brought pursuant to the False Claims Act. Relator is proceeding pro se in this action. Relator was previously represented by counsel but the Court granted former counsel’s motion to withdraw on August 9, 2022. (Dkt. No. 33.) The Court advised Relator during the proceedings on June 28, 2022 and August 9, 2022 that she could not proceed pro se in this action 1f the government declined to intervene. On September 16, 2022, the government filed an “Election by the United States and Plaintiff States to Decline Intervention.” (Dkt. No. 37.) The government further noted in its election to decline intervention that Relator cannot proceed pro se in this action. (/d.) After the Court granted former counsel for Relator’s motion to withdraw and the government filed its election to decline intervention, the Court provided Relator a reasonable time to find new counsel. On October 26, 2022, the Court ordered Relator to notify the Court in writing no later than November 3, 2022 regarding the status of obtaining counsel in this matter in light of the government’s election to decline intervention. (Dkt. No. 40.) On November 8, 2022, Relator advised the Court that she attempted to contact numerous firm and attorneys after prior counsel decided to withdraw, but has not retained counsel to assist her in this matter. (Dkt. No. 42.)

oo: CV-90 (12/02) CIVIL MINUTES - GENERAL Initials of Deputy Clerk YS

Case 2:21-cv-05766-CBM-PVC Document 46 Filed 11/18/22 Page 2 of 2 Page ID #:410

Because Realtor cannot proceed pro se, and was given notice that she could not proceed pro se on June 28, 2022, August 9, 2022, and October 26, 202, but has failed to retain counsel to represent her in this action, the Court dismisses the action without prejudice. See Stoner v. Santa Clara Cnty. Office of Education, 502 F.3d 1116, 1126-27 (9th Cir. 2007) (holding a pro se relator cannot prosecute a qui tam action on behalf of the United States where the government has declined to intervene and remanding with instructions to dismiss the action without prejudice if the relator failed to retain counsel).

IT IS SO ORDERED.

00 : CV-90 (12/02) CIVIL MINUTES - GENERAL Initials of Deputy Clerk YS