ABC v. DEF

Filing 80

CLERK'S JUDGMENT re: 79 Order on Motion to Dismiss in favor of Fifth Third Bank, N.A. against Federal Deposit Insurance Corporation, ex rel. Lee Moncho. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court 's Memorandum Decision and Order dated January 19, 2023, because Moncho's qui tam action is based upon the public disclosure of allegations or transactions within the meaning of§ 3 730(e)(4 )(A), and because Moncho is not an "o riginal source" of the pertinent information within the meaning of § 3730(e)(4)(A) and (B), this case must be dismissed under the FCA' s public disclosure provision. Defendant's motion to dismiss, (ECF No. 66), is GRANTED; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 1/19/2023) (Attachments: # 1 Right to Appeal) (km)

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Case 1:14-cv-06003-GBD Document 80 Filed 01/19/23 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------X FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver for Broadway Bank ex rel. LEE MONCHO, -against- Plaintiff, 14 CIVIL 6003 (GBD) JUDGMENT FIFTH THIRD BANK, N.A., as successor-in-interest to MB FINANCIAL BANK, N.A., Defendant. -----------------------------------------------------------X It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Decision and Order dated January 19, 2023, because Moncho's qui tam action is based upon the public disclosure of allegations or transactions within the meaning of§ 3 730(e)(4 )(A), and because Moncho is not an "original source" of the pertinent information within the meaning of § 3730(e)(4)(A) and (B), this case must be dismissed under the FCA' s public disclosure provision. Defendant's motion to dismiss, (ECF No. 66), is GRANTED; accordingly, the case is closed. Dated: New York, New York January 19, 2023 RUBY J. KRAJICK _________________________ Clerk of Court BY: _________________________ Deputy Clerk

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