United States of America et al v. En Pointe Gov, Inc et al

Filing 43

ORDER DISMISSING CASE by Judge R. Gary Klausner, re Stipulation to Dismiss Case 42 . Case Terminated. Made JS-6. (pso)

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BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
EILEEN M. DECKER
United States Attorney
DOROTHY A. SCHOUTEN
Assistant United States Attorney
Chief, Civil Division
DAVID K. BARRETT
Assistant United States Attorney
Chief, Civil Fraud Section
DONALD W. YOO (SBN 227679)
Assistant United States Attorney
Room 7516, Federal Building
300 N. Los Angeles Street
Los Angeles, California 90012
Tel: [phone]
Fax: [phone]
Email: [e-mail]
MICHAEL D. GRANSTON
SARA MCLEAN
GLENN HARRIS
Attorneys, Civil Division
United States Department of Justice
601 D. Street, N.W., Room 9142
Washington, D.C. 20004
Tel: [phone]
Fax:[phone]
Email: [e-mail]
Attorneys for United States of America

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JS-6

UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA ex rel.
ANTHONY COLANGELO and
MINBURN TECHNOLOGY GROUP,
LLC, a Virginia limited liability company,

No. CV14-5865-RGK (JPRx)
[PROPOSED] ORDER RE:
DISMISSAL

Plaintiffs,
v.
EN POINTE GOV., INC., et al.,
Defendants.

[JOINT STIPULATION OF DISMISSAL;
CONSENT OF THE UNITED STATES
FILED CONCURRENTLY HEREWITH]

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ORDER
GOOD CAUSE APPEARING, IT IS HEREBY ORDERED, pursuant to Fed. R.
Civ. Proc. 41(a)(1) and 31 U.S.C. § 3730(b), that:
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All claims for relief and causes of action filed in the above-captioned action

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(“this Action”) against En Pointe Gov. (“EP Gov”), Inc., En Pointe Technologies, Inc.,

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En Pointe Technologies Sales, Inc., Dominguez East Holdings, LLC, and Din Global

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Corp. (collectively, “Defendants”) are hereby dismissed, said dismissal being:

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(A)

Minburn Technology Group, LLC (“Relators”);

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with prejudice as to qui tam plaintiffs Anthony Colangelo and

(B)

with prejudice as to the United States only as to the following alleged

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conduct by Defendants:

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1.

EP Gov’s alleged false certifications between January 2010

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and July 2014 that it was a small business in order to obtain the

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133 small business set-aside task orders under its GSA

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Schedule contract (GSA No. GS-35F-0372N) identified in

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Exhibit A to the Joint Stipulation of Dismissal that the

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Defendants, Relators and the United States filed in this Action;

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2.

EP Gov’s alleged submission of claims under those task orders

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that were allegedly false because EP Gov was not a small

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business;

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3.

EP Gov’s alleged failure during the period January 2008 to

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December 2015 to accurately disclose to GSA the amount of

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its GSA Schedule sales on quarterly Form 72A reports and its

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alleged failure to pay all Industrial Funding Fees (“IFF”) owed

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to GSA under GSA Schedule Contract GS-35-F-0372N; and

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1

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4.

Alleged involvement by the other Defendants in making or

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causing these alleged false statements and alleged claims or

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this alleged failure to pay money to the government;

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(C)

without prejudice as to the United States as to any allegation in the

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Relators’ Civil Action not specifically set forth in Paragraph 1.(B),

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supra.

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IT IS SO ORDERED.

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__________________________________
UNITED STATES DISTRICT JUDGE

Dated: July 13, 2016

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