United States of America, et al v. Second Chance Body Armor Inc et al

District of Columbia, dcd-1:2004-cv-00280

ORDER granting in part and denying in part {{450}} United States' motion for reconsideration. Signed by Judge Paul L. Friedman on July 14, 2017.

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA) UNITED STATES OF AMERICA, ex rel.,) AARON J. WESTRICK, Ph.D.,) Civil Action No. 04-0280 (PLF)) Plaintiffs,)) v.)) SECOND CHANCE BODY ARMOR, INC.,) et al.,)) Defendants.) __________________________________________)) UNITED STATES OF AMERICA,) Civil Action No. 07-1144 (PLF)) Plaintiff,)) v.)) TOYOBO COMPANY, LTD., et al.,)) Defendants.) __________________________________________) ORDER For the reasons stated in the accompanying Opinion issued this same day, it is hereby ORDERED that the United States' motion for reconsideration [Dkt. 450 in Civil Action No. 04-0280 and Dkt. 184 in Civil Action No. 07-1144] is GRANTED IN PART and DENIED IN PART; it is FURTHER ORDERED that the beginning of Toyobo's alleged fraud for all claims is July 2001; it is FURTHER ORDERED that only the following claims survive summary judgment and shall proceed to trial: 1. Common law claims of fraud and unjust enrichment against all defendants concerning both the BPVGPA and the GSA MAS; 2. Fraudulent inducement under the FCA against all defendants concerning both the BPVGPA and the GSA MAS; 3. Express and implied false certification under the FCA against all defendants concerning only the GSA MAS and limited to the United States' theory that the Second Chance's 6% catalog guarantee was a durability requirement. SO ORDERED. _________/s/_______________ PAUL L. FRIEDMAN DATE: July 14, 2017 United States District Judge 2