Kozak et al v. Chabad-Lubavitch Inc. et al
Filing
32
STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 12/5/12 ORDERING that the following causes of action of the complaint, filed 4/30/10, shall be dismissed without prejudice as to all defendants: (i) Count IV, California False Claims Act (Government Code § 12651(a)(1) and (a)(2)) (Complaint, 17:24-18:24); (ii) Count V, California False Claims Act (Government Code § 12651(a)(3)) (Complaint, 18:25-19:28); (iii) Count VI, California False Claims Act (Government Code § 12651(a)(7)) (Complaint, 20:1- 21:1); (iv) Count VII, Breach of Contract (Complaint, 21:2-16); and (v) Count VIII, Unjust Enrichment (Complaint, 21:17-22:2). (Becknal, R).
1
2
3
4
BENJAMIN B. WAGNER
United States Attorney
GLEN F. DORGAN
Assistant United States Attorneys
2500 Tulare Street, Suite 4401
Fresno, California 93721
(559) 497-4080 (telephone)
(559) 497-4099 (facsimile)
5
6
Attorneys for the United States
7
8
IN THE UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
12
UNITED STATES OF AMERICA and STATE
OF CALIFORNIA ex rel. ARIA KOZAK and
DONNA KOZAK,
13
CASE NO. 2:10-cv-01056-MCE-EFB
STIPULATION OF DISMISSAL;
ORDER
Plaintiff,
14
v.
15
CHABAD-LUBAVITCH INC.; CHABAD OF
CALIFORNIA; CHABAD RUNNING
SPRINGS RESIDENTIAL CAMP; CHABAD
CHEDER MENACHEM; YESHIVA OHR
ELCHONON CHABAD; BAIS CHANA HIGH
SCHOOL; CHABAD OF THE MARINA;
CHABAD OF MALIBU; CHABAD OF
BEVERLYWOOD; and DOES 1 through 10,
16
17
18
19
Defendants.
20
21
22
23
STIPULATION RECITALS
24
1.
25
On or about April 30, 2010, ARIA KOZAK and DONNA KOZAK (“the Relators”)
26
initiated this action on behalf of the United States of America and the State of California by filing a qui
27
tam complaint, under seal.
28
///
1
1
In the complaint, the Relators alleged (i) causes of action on behalf of the United States based on
2
violations of the federal False Claims Act (“the Federal Claims”); (ii) causes of action asserted on behalf
3
of the State of California based on violations of the California False Claims Act (“the State Claims”); and
4
(iii) causes of action in their individual capacities for breach of contract and unjust enrichment (“the
5
Individual Claims”).
2.
6
On or about December 1, 2011, the State of California, acting by and through the Office of
7
the Attorney General of California, filed notice of its election to decline intervention in this action
8
pursuant to California Government Code section 12652(c)(6)(B). By its notice, the State of California
9
reserved its right to consent to any dismissal of the State of California Claims.
3.
10
On October 9, 2012, the United States, acting by and through the United States Attorney’s
11
Office, filed notice of its election to intervene in this action pursuant to 31 U.S.C. section 3730(b)(2) and
12
(b)(4) for the limited purpose of pursuing the Federal Claims and claims under common law and equity.
4.
13
The United States is prepared to file and serve a First Amended Complaint that pleads the
14
Federal Claims and the claims based on common law and equity and omits the State Claims and the
15
Individual Claims.
5.
16
Formal service of the complaint, filed April 30, 2010, has not been made on the
17
defendants, and the defendants have not yet formally appeared in this action.
18
///
19
///
20
///
21
///
22
///
23
///
24
///
25
///
26
///
27
///
28
///
2
STIPULATION
1
2
IT IS HEREBY STIPULATED by and between the UNITED STATES, the STATE OF
3
CALIFORNIA and the RELATORS, acting by and through their counsel of record, that the following
4
causes of action of the complaint, filed April 30, 2010, shall be dismissed without prejudice as to all
5
defendants: (i) Count IV, California False Claims Act (Government Code § 12651(a)(1) and (a)(2))
6
(Complaint, 17:24-18:24); (ii) Count V, California False Claims Act (Government Code § 12651(a)(3))
7
(Complaint, 18:25-19:28); (iii) Count VI, California False Claims Act (Government Code § 12651(a)(7))
8
(Complaint, 20:1-21:1); (iv) Count VII, Breach of Contract (Complaint, 21:2-16); and (v) Count VIII,
9
Unjust Enrichment (Complaint, 21:17-22:2).
Respectfully submitted,
10
11
Dated: November 29, 2012
12
By: /s/ Glen F. Dorgan
Glen F. Dorgan
Assistant U.S. Attorney
13
14
15
BENJAMIN B. WAGNER
United States Attorney
Dated: November 29, 2012
16
17
KAMALA D. HARRIS
Attorney General of California
(As authorized on 11-29-12)
By: /s/ Jacqueline Dale
Jacqueline Dale
Deputy Attorney General
18
19
20
Dated: November 29, 2012
21
HIRST LAW GROUP, PC
(As authorized on 11-29-12)
By: /s/ Michael A. Hirst
Michael A. Hirst
Attorneys for the Relators
22
23
24
25
26
27
28
ORDER
IT IS SO ORDERED.
Dated: December 4, 2012
__________________________________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?