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United States v. Cintas Corp.

Citation: 361 F. App'x 837Docket: No. 08-16223

Court: Court of Appeals for the Ninth Circuit; January 7, 2010; Federal Appellate Court

Narrative Opinion Summary

The joint stipulated motion by relator UNITE HERE and Cintas Corporation to voluntarily dismiss the appeal, pursuant to Federal Rule of Appellate Procedure 42(b), due to a settlement in the qui tam action is granted. Each party will bear its own costs and fees. The motion by Workers United to intervene is denied as moot, and Cintas Corporation's motion for leave to file a sur-reply memorandum is also denied as moot. Consequently, the case is closed.

Legal Issues Addressed

Intervention in Appellate Proceedings

Application: The motion by Workers United to intervene in the proceedings was denied as moot following the dismissal of the appeal.

Reasoning: The motion by Workers United to intervene is denied as moot.

Motion for Leave to File Sur-Reply

Application: Cintas Corporation's motion for leave to file a sur-reply memorandum was denied as moot in light of the dismissal of the appeal.

Reasoning: Cintas Corporation's motion for leave to file a sur-reply memorandum is also denied as moot.

Voluntary Dismissal of Appeal under Federal Rule of Appellate Procedure 42(b)

Application: The appeal was voluntarily dismissed due to a settlement in the qui tam action, with each party agreeing to bear its own costs and fees.

Reasoning: The joint stipulated motion by relator UNITE HERE and Cintas Corporation to voluntarily dismiss the appeal, pursuant to Federal Rule of Appellate Procedure 42(b), due to a settlement in the qui tam action is granted.