United States v. Old Baldy Council of Boy Scouts

MEMORANDUM **

Glenn Goodwin appeals the district court’s dismissal of his qui tarn suit against Old Baldy Council of the Boy Scouts of America and Old Baldy cross-appeals the district court’s denial of its request- for attorneys’ fees. We affirm.

All the facts necessary to the allegations of fraud were publicly disclosed, whether or not the final contract was disclosed. 1 Accordingly, the district court correctly held that it lacked jurisdiction under 31 U.S.C. § 3730 (e)(4)(A). 2

The district court correctly denied attorneys’ fees to Old Baldy. An “award of fees under the False Claims Act is reserved for rare and special circumstances” 3 not present in this case. 4

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

. See A-1 Ambulance Serv., Inc. v. California, 202 F.3d 1238 , 1245 (9th Cir.2000).

. Because we affirm the district court's dismissal, we do not reach Old Baldy's alternative argument regarding summary judgment.

. Pfingston v. Ronan Eng’g Co., 284 F.3d 999 , 1006-07 (9th Cir.2002).

. See 31 U.S.C. § 3730 (d)(4).