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
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