United States of America et al v. Kenneth D. Hodges et al
United States of America et al v. Kenneth D. Hodges et al
Trial Court Opinion
__________________________________________________________________ UNITED STATES DISTRICT COURT JS-6 CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. 2:22-cv-05200-FWS-DSR Date: November 26, 2025 Title: United States of America et al v. Kenneth D. Hodges et al
Present: HONORABLE FRED W. SLAUGHTER, UNITED STATES DISTRICT JUDGE
Rolls Royce Paschal N/A Deputy Clerk Court Reporter
Attorneys Present for Plaintiff: Attorneys Present for Defendants:
Not Present Not Present
PROCEEDINGS: ORDER DISMISSING CASE
Plaintiff-Relator, Relator LLC (“Relator”) brings this False Claims Act case against Defendants Kenneth D. Hodges (“Hodges”) and Assurance Financial Group (“AFG”) alleging that Defendants defrauded the Small Business Administration (“SBA”) in connection with AFG’s application and receipt of Covid19 pandemic related Paycheck Protection Program (“PPP”) funding. (See generally Dkt. 1 (“Complaint”).) The court granted Defendants’ motion to dismiss, finding that Relator’s claim fell under the public disclosure bar of the False Claims Act. (Dkt. 57 (“MTD Order”).) The court granted Relator leave to amend their complaint. (Id. at 7-8.)
Subsequently, Relator “notifie[d] the Court and all parties that it does not intend to file an Amended Complaint” and requested that the court “enter a final judgment of dismissal, not a dismissal for lack of prosecution, and take the order to show cause and scheduling conference off calendar.” (Dkt. 60 at 1.) Accordingly, and for the same reasons discussed in the MTD Order, the court DISMISSES WITHOUT LEAVE TO AMEND Relator’s Complaint. See Edwards v Marin Park, Inc.,
356 F.3d 1058, 1063-1065 (9th Cir. 2014) (“When the plaintiff timely responds with a formal notice of his intent not to amend, the threatened dismissal merely ripens into a final, appealable judgment.”). The clerk is DIRECTED to close this case.
Reference
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