United States of America et al v. General Dynamics Information Technology, Inc et al
Filing
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ORDER Dismissing Without Prejudice Count One Of Plaintiff's Amended Complaint. Signed by Judge Linda Lopez on 5/4/2022.(All non-registered users served via U.S. Mail Service)(ddf)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA ex rel.,
ERIK LECKNER,
Case No.: 21cv1109-LL-BLM
ORDER DISMISSING WITHOUT
PREJUDICE COUNT ONE OF
PLAINTIFF’S AMENDED
COMPLAINT
Plaintiff,
v.
GENERAL DYNAMICS
INFORMATION TECHNOLOGY, INC.;
APEX SYSTEMS, LLC,
Defendants.
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Currently before the Court is relator Plaintiff Erik Leckner’s (“Plaintiff”) “Response
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to Order Requiring Plaintiff To Show Cause Why Count 1 Should Not Be Dismissed.”
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ECF No. 28. The Court has given Plaintiff multiple extensions to show cause why Count
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1 of his amended complaint, a qui tam action under the False Claims Act (FCA), 31 U.S.C.
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§§ 3729-3733, should not be dismissed on the ground that Plaintiff is not represented by
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counsel. See Stoner v. Santa Clara Cty. Off. of Educ., 502 F.3d 1116, 1126–28 (9th Cir.
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2007) (holding that qui tam relators may not proceed pro se in FCA actions). Per the
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Court’s October 21, 2021 Order, Plaintiff was given until November 3, 2021 to show cause
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why Count 1 of his Amended Complaint should not be dismissed without leave to amend,
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but without prejudice to future refiling by a licensed attorney. ECF No. 4. The Court stated
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21cv1109-LL-BLM
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that “[b]ecause Plaintiff is unrepresented by counsel, his FCA qui tam claim (“Count 1”)
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fails as a matter of law.” Id. at 2. Plaintiff has subsequently requested and been granted
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three extensions to show cause, most recently until May 2, 2022. ECF Nos. 10, 12, 18.
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In the Court’s most recent order granting Plaintiff’s extension of time to show cause,
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the Court set a deadline for Plaintiff “to show cause, on or before May 2, 2022, why Count
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1 should not be dismissed without leave to amend, but without prejudice to future refiling
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by a licensed attorney.” ECF No. 18. The Court warned that “this is the last continuance it
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will grant for showing cause” and that “[a]bsent extraordinary circumstances, no further
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continuances will be granted by the Court.” Id. at 2. Notwithstanding this, Plaintiff has
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failed to refile Count 1 by a licensed attorney. Instead, Plaintiff now disputes “whether a
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qui tam relator can proceed pro se on Count 1.” ECF No. 28 at 2. The Court finds the
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arguments made in Plaintiff’s Response unpersuasive because the Ninth Circuit’s ruling in
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Stoner is binding precedent on this Court. 502 F.3d 1116.
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In light of Plaintiff’s failure to meet the May 2, 2022 deadline to find a licensed
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attorney to refile Count 1 of his Amended Complaint [ECF No. 2], the Court hereby
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DISMISSES Count 1 without prejudice. Additionally, to the extent that Plaintiff seeks
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additional time to find a licensed attorney in this matter, the request is DENIED.
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IT IS SO ORDERED.
Dated: May 4, 2022
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21cv1109-LL-BLM
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