United States of America v. Smith

Filing 44

OPINION AND ORDER by Magistrate Judge Steven P. Shreder denying 36 Motion for Summary Judgment (dma, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA

UNITED STATES OF AMERICA,
Plaintiff,
v.
SHIRLEY ZEY SMITH,
Defendant.

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Case No. CIV-11-136-SPS

OPINION AND ORDER DENYING
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
Upon consideration of the Plaintiff’s Motion for Summary Judgment and Brief in
Support [Docket No. 36], the Court finds genuine issues of material fact as to the
following question: whether Ms. Smith’s submissions of claims for payment at each of
her cosmetology schools were made “knowingly” as that term is defined by the False
Claims Act, 31 U.S.C. § 3729(b). The existence of such a fact question precludes
summary judgment, see Fed. R. Civ. P. 56(a) (“The court shall grant summary judgment
if the movant shows that there is no genuine dispute as to any material fact and the
movant is entitled to judgment as a matter of law.”), and the Plaintiff’s motion is
accordingly hereby DENIED.
DATED this 30th day of September, 2013.