Kozak et al v. Chabad-Lubavitch Inc. et al

Filing 36

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 12/20/12 ORDERING that the following causes of action of the complaint, filed April 30, 2010, 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). (Manzer, C)

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BENJAMIN B. WAGNER
United States Attorney
GLEN F. DORGAN
Assistant United States Attorneys
2500 Tulare Street, Suite 4401
Fresno, California 93721
[phone] (telephone)
[phone] (facsimile)

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Attorneys for the United States

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA and STATE
OF CALIFORNIA ex rel. ARIA KOZAK and
DONNA KOZAK,

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CASE NO. 2:10-cv-01056-MCE-EFB
STIPULATION OF DISMISSAL;
ORDER

Plaintiff,

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v.

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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,

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Defendants.

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STIPULATION RECITALS

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1.

On or about April 30, 2010, ARIA KOZAK and DONNA KOZAK (“the Relators”)

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initiated this action on behalf of the United States of America and the State of California by filing a qui

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tam complaint, under seal. In the complaint, the Relators alleged (i) causes of action on behalf of the

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United States based on violations of the federal False Claims Act (“the Federal Claims”); (ii) causes of
Stipulation of Dismissal; Order

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action asserted on behalf of the State of California based on violations of the California False Claims Act

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(“the State Claims”); and (iii) causes of action in their individual capacities for breach of contract and

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unjust enrichment (“the Individual Claims”).
2.

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On or about December 1, 2011, the State of California, acting by and through the Office of

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the Attorney General of California, filed notice of its election to decline intervention in this action

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pursuant to California Government Code section 12652(c)(6)(B). By its notice, the State of California

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reserved its right to consent to any dismissal of the State of California Claims.
3.

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On October 9, 2012, the United States, acting by and through the United States Attorney’s

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Office, filed notice of its election to intervene in this action pursuant to 31 U.S.C. section 3730(b)(2) and

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(b)(4) for the limited purpose of pursuing the Federal Claims and claims under common law and equity.
4.

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The United States is prepared to file and serve a First Amended Complaint that pleads the

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Federal Claims and the claims based on common law and equity and omits the State Claims and the

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Individual Claims.
5.

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Formal service of the complaint, filed April 30, 2010, has not been made on the

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defendants, and the defendants have not yet formally appeared in this action.

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Stipulation of Dismissal; Order

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STIPULATION

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IT IS HEREBY STIPULATED by and between the UNITED STATES, the STATE OF

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CALIFORNIA and the RELATORS, acting by and through their counsel of record, that the following

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causes of action of the complaint, filed April 30, 2010, shall be dismissed without prejudice as to all

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defendants: (i) Count IV, California False Claims Act (Government Code § 12651(a)(1) and (a)(2))

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(Complaint, 17:24-18:24); (ii) Count V, California False Claims Act (Government Code § 12651(a)(3))

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(Complaint, 18:25-19:28); (iii) Count VI, California False Claims Act (Government Code § 12651(a)(7))

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(Complaint, 20:1-21:1); (iv) Count VII, Breach of Contract (Complaint, 21:2-16); and (v) Count VIII,

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Unjust Enrichment (Complaint, 21:17-22:2).
Respectfully submitted,

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Dated: November 29, 2012

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By: /s/ Glen F. Dorgan
Glen F. Dorgan
Assistant U.S. Attorney

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BENJAMIN B. WAGNER
United States Attorney

Dated: November 29, 2012

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KAMALA D. HARRIS
Attorney General of California
(As authorized on 11-29-12)
By: /s/ Jacqueline Dale
Jacqueline Dale
Deputy Attorney General

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Dated: November 29, 2012

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HIRST LAW GROUP, PC
(As authorized on 11-29-12)
By: /s/ Michael A. Hirst
Michael A. Hirst
Attorneys for the Relators

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ORDER
IT IS SO ORDERED.
Dated: December 20, 2012
_________________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT COURT

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Stipulation of Dismissal; Order

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