UNITED STATES OF AMERICA, et al v. SECOND CHANCE BODY ARMOR INC et al

Filing 485

ORDER granting in part and denying in part 450 United States' motion for reconsideration. Signed by Judge Paul L. Friedman on July 14, 2017. (MA)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

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Plaintiffs,
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v.
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SECOND CHANCE BODY ARMOR, INC.,
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et al.,
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Defendants.
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__________________________________________)
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UNITED STATES OF AMERICA,
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Plaintiff,
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v.
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TOYOBO COMPANY, LTD., et al.,
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Defendants.
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__________________________________________)
UNITED STATES OF AMERICA, ex rel.,
AARON J. WESTRICK, Ph.D.,

Civil Action No. 04-0280 (PLF)

Civil Action No. 07-1144 (PLF)

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
United States District Judge

DATE: July 14, 2017

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