Segelstrom v. Citibank, N.A.
Segelstrom v. Citibank, N.A.
Opinion of the Court
JUDGMENT
This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs filed by the parties. See Fed. R.App. P. 34(a)(2); D.C.Cir. Rule 34(3). It is
ORDERED AND ADJUDGED that the district court’s order filed November 21, 2014, be affirmed. The district court properly concluded that appellants failed to state a claim for a violation of the consent judgment, as appellants were not parties to that judgment, and the judgment does not provide a private right of action for third parties. Cf. Rafferty v. NYNEX Corp., 60 F.3d 844, 849 (D.C.Cir. 1995) (“Unless a government consent decree stipulates that it may be enforced by a third party beneficiary, only the parties to the judgment can seek enforcement of it.”). The district court also correctly held that pro se plaintiffs, such as appellants, may not file a qui tam action pursuant to the False Claims Act, 31 U.S.C. § 3729 et seq. See Ananiev v. Freitas, 587 Fed.Appx. 661 (D.C.Cir. 2014); see also United States ex rel. Mergent Servs. v. Flaherty, 540 F.3d 89, 93 (2d Cir. 2008) (“the United States remains the real party in interest in qui tam actions,” and “[b]ecause relators
Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed. R.App. P. 41(b); D.C.Cir. Rule 41.
Reference
- Full Case Name
- Erik SEGELSTROM and Cathie M. Hamer v. CITIBANK, N.A.
- Cited By
- 3 cases
- Status
- Published