United States of America v. Pacific Retirement Services, Inc.
- Laurel Beeler
- 3:16-cv-00889
- U.S. District Court · Northern District of California
- 2
In United States v. Pacific Retirement Services, Inc., Judge Beeler dismissed the case without prejudice to the government because the relators lacked counsel.
The dismissal affected relators Michael McNall and Karyl McNall and the defendants in the case. The dismissal was expressly without prejudice to the government.
What happened
United States of America ex rel. Michael McNall and Karyl McNall v. Pacific Retirement Services, Inc. involved a case brought under the False Claims Act. The court had allowed the relators’ lawyers to withdraw and gave the relators until September 30, 2019, to hire new counsel.
The relators did not hire new counsel and did not ask for more time. The court said that people representing themselves cannot bring a qui tam case or pursue a False Claims Act claim on behalf of the United States.
Judge Laurel Beeler dismissed the case without prejudice to the government. The opinion does not decide the underlying False Claims Act allegations.
The detailed version
- United States of America v. Pacific Retirement Services, Inc. · No. 3:16-cv-00889
- Laurel Beeler
- Oct. 4, 2019
Background
The court had previously granted Cotchett, Pitre, and McCarthy, LLP’s motion to withdraw as counsel for relators Michael and Karyl McNall. On August 29, 2019, the court stayed the case until September 30, 2019, to give the McNalls another opportunity to retain new counsel. The court warned that it would dismiss the case without prejudice to the government if they did not do so.
Reason for Dismissal
The McNalls did not retain new counsel and did not file a motion seeking an extension of time. The court relied on Ninth Circuit precedent stating that a person proceeding without a lawyer cannot bring a qui tam action or pursue a False Claims Act claim on behalf of the United States. A qui tam action is a lawsuit brought by a private person on the government’s behalf.
Ruling
Judge Laurel Beeler dismissed the case without prejudice to the government. The opinion does not address the merits of the False Claims Act allegations.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.