Cheryl Nolte Barnes v. Clark County

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JAN 7 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

CHERYL NOLTE BARNES, Qui Tam No. 21-15137 Relator; ex rel. United States of America, D.C. No. Plaintiff-Appellant, 2:15-cv-01621-JCM-VCF

v.

MEMORANDUM*

CLARK COUNTY, a Political Subdivision of the State of Nevada; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the District of Nevada James C. Mahan, District Judge, Presiding

Argued and Submitted October 21, 2021 San Francisco, California

Before: MURGUIA, Chief Judge, and WALLACE and BEA, Circuit Judges.

The False Claims Act (“FCA”) provides that “in qui tam cases, a court may

award attorneys’ fees against the plaintiff if the ‘action was clearly frivolous,

clearly vexatious, or brought primarily for purposes of harassment.’” Pfingston v.

Ronan Eng’g Co., 284 F.3d 999, 1005 (9th Cir. 2002) (quoting 31 U.S.C.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. § 3730(d)(4)). This court has developed a…