DALE ET AL VS SCHUTT HOLDINGS, INC. ET AL

Filing 107

OPINION/ORDER THAT THE CLERK REMOVE THIS CASE FROM CIVIL SUSPENSE. IT IS FURTHER ORDERED THAT THE ABESHAUS PARTIES' MOTION TO DISMISS #91, AND DEFENDANT DRILL'S JOINDER TO THE ABESHAUS PARTIES' MOTION TO DISMISS #93 ARE EACH GRANTED I N PART AND DENIED IN PART. IT IS FURTHER ORDERED THAT DEFENDANTS SHALL HAVE UNTIL OCTOBER 23, 2013 TO FILE AN ANSWER TO COUNT I AND COUNTS III THROUGH IX OF PLAINTIFFS' FOURTH AMENDED COMPLAINT. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 9/26/13. 9/26/13 ENTERED AND COPIES MAILED AND E-MAILED.(ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
GERRY DALE; and
)
PATRICIA DALE in the name of
)
the UNITED STATES GOVERNMENT
)
pursuant to the False Claims Act,)
31 U.S.C. § 3729 et seq;
)
the STATE OF DELAWARE;
)
the DISTRICT OF COLUMBIA;
)
the STATE OF FLORIDA;
)
the STATE OF ILLINOIS;
)
the STATE OF INDIANA;
)
the STATE OF LOUISIANA;
)
the STATE OF NEW YORK;
)
the STATE OF TENNESSEE; and
)
the STATE OF VIRGINIA,
)
)
Plaintiffs
)
)
vs.
)
)
ALAN ABESHAUS;
)
ERIC ABESHAUS;
)
MITCHELL KURLANDER; and
)
DAVID DRILL,
)
)
Defendants
)

Civil Action
No. 06-cv-04747

O R D E R
NOW, this 26th day of September, 2013, upon
consideration of the following documents:
(1)

The Abeshaus Parties’ Motion to Dismiss the
Fourth Amended and Restated Qui Tam
Complaint, which motion was filed on
September 10, 2012 (Document 91);

(2)

Defendant David Drill’s Joinder of the
Abeshaus Parties’ Motion to Dismiss the
Fourth Amended and Restated Qui Tam
Complaint, which joinder was filed on
September 19, 2012 (Document 93);

(3)

Plaintiffs’ Response to Defendants Alan
Abeshaus, Eric Abeshaus, Kurlander, and
Drill’s Motion to Dismiss the Fourth
Complaint, which response was filed on
November 01, 2012 (Document 95);

(3)

Reply Memorandum in Further Support of the
Abeshaus Parties’ Motion to Dismiss the
Fourth Amended Complaint, which reply was
filed on November 26, 2012 (Document 98);

(5)

Fourth Amended and Restated Qui Tam
Complaint pursuant to Title 31 U.S.C. Title
3729 et seq., and claims under the State
False Claims Acts filed on August 15, 2012
(Document 90) 1;

and for the reasons expressed in the accompanying Opinion,
IT IS ORDERED that the Clerk of Court remove this case
from civil suspense.
IT IS FURTHER ORDERED that the Abeshaus Parties’ 2
motion to dismiss (Document 91), and defendant Drill’s joinder
to the Abeshaus Parties’ motion to dismiss (Document 93) are
each granted in part and denied in part.
IT IS FURTHER ORDERED that defendants’ motion to
dismiss 3 is granted to the extent it seeks dismissal of Count II
of plaintiffs’ Fourth Amended Complaint.

1

I refer to plaintiffs’ complaint as “Fourth Amended Complaint”.

2

The “Abeshaus Parties” refer to defendants Alan Abeshaus, Eric
Abeshaus and Mitchell Kurlander.
3

I refer to the Abeshaus Parties’ motion to dismiss and defendant
Drill’s joinder of that motion collectively as “defendants’ motion to
dismiss”.

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IT IS FURTHER ORDERED that Count II of plaintiffs’
Fourth Amended Complaint is dismissed with prejudice.
IT IS FURTHER ORDERED that defendants’ motion to
dismiss is denied in all other respects.
IT IS FURTHER ORDERED that defendants shall have until
October 23, 2013 to file an answer to Count I and Counts III
through IX of plaintiffs’ Fourth Amended Complaint.

BY THE COURT:

_/s/ James Knoll Gardner
_
James Knoll Gardner
United States District Judge

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