1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

United 

States District 

Court

For the Northern District of California 

**E-filed 06/22/2010** 

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

UNITED STATES OF AMERICA 

Ex rel. Robert Finney and Jacquelyn Finney, 

et al., 

 Plaintiffs, 

 v. 

KAISER FOUNDATION HEALTH PLAN, 

et al., 

 Defendants. 

____________________________________/

No. C 08-2411 RS 

ORDER GRANTING MOTION TO 

DISMISS 

This qui tam action was initiated by relators Robert and Jacquelyn Finney in May of 2008. 

After the United States declined to intervene, counsel for the Finneys withdrew, apparently pursuant 

to a prior agreement they had that continued representation was conditional on the United States’ 

intervention. 

Since that time, the Finneys have appeared in pro se, pending appearance of new counsel, as 

a qui tam action may not be prosecuted by pro se relators. The Finneys have now moved to dismiss 

the action without prejudice. The motion to dismiss includes accusations of serious and deliberate 

wrongdoing by the Court, its employees, the United States, and various third parties. 

As acknowledged in prior orders, this case has been plagued by a series of administrative 

errors within the court, and the United States erred in failing to serve the Finneys with certain 

pleadings after their counsel withdrew. There is no indication, however, of any intentional 

Case 3:08-cv-02411-RS Document 47 Filed 06/22/10 Page 1 of 3
2 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

United 

States District 

Court

For the Northern District of California 

wrongdoing, nor does it appear that the Finneys have been prejudiced in any substantial way. 

Specifically, to date, the Finneys have in effect received an open-ended extension of time to obtain 

new counsel and to serve the complaint, because the action has not previously been dismissed nor 

have any other consequences been imposed on the Finneys for the fact that they have not moved this 

proceeding forward. 

The Finneys’ request that this case now be dismissed without prejudice is GRANTED, on 

the grounds that if they elect not to pursue the matter, they should not be forced to. There is, 

however, absolutely no evidence to support their arguments that the Court, its employees, or the 

United States have in any way prevented them from going forward with this action. 

IT IS SO ORDERED. 

Dated: 06/22/2010 

RICHARD SEEBORG 

UNITED STATES DISTRICT JUDGE 

 

Case 3:08-cv-02411-RS Document 47 Filed 06/22/10 Page 2 of 3
3 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

United 

States District 

Court

For the Northern District of California 

THIS IS TO CERTIFY THAT A HARD COPY OF THIS CLERK’S NOTICE WAS 

MAILED TO: 

Robert Finney 

Jacquelyn Finney 

1664 Buttercup Road 

Encinitas, CA 92024 

DATED: 06/22/2010 

 /s/ Chambers Staff 

 Chambers of Judge Richard Seeborg 

 

Case 3:08-cv-02411-RS Document 47 Filed 06/22/10 Page 3 of 3