United States of America, ex rel. v. Shaw Environmental & Infrastructure, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 UNITED STATES ex rel. MCLAUGHLIN, Case No. 14-cv-01509-JD

Plaintiff,

ORDER RE MOTION TO AMEND OR

v. ALTER JUDGMENT

SHAW ENVIRONMENTAL & INFRASTRUCTURE, INC., et al., 11 Defendants.

12 In this qui tam case brought under the False Claims Act (FCA), the Court dismissed relator Kevin McLaughlin’s claims under the first-to-file bar, 31 U.S.C. § 3730(b)(5), and closed the case. Dkt. No. 193 at 8-9, 13-14. McLaughlin asks under Federal Rule of Civil Procedure 59(e) to amend the judgment to clarify that the Tetra Tech defendants are out of the case, and that McLaughlin may continue with his claims against the Shaw defendants. Dkt. No. 196. Strictly speaking, no judgment was entered and so a Rule 59 motion is not appropriate. The better approach is to resolve McLaughlin’s request pursuant to the Court’s inherent authority to review interlocutory orders. See City of Los Angeles, Harbor Div. v. Santa Monica Baykeeper, 254 F.3d 882, 885 (9th Cir. 2001). 22…