USA ex rel INTL. BROTHERHOOD OF ELECTRICAL WORKERS V. THE FAIRFIELD CO.

Filing 234

MEMORANDUM AND ORDER THAT WE OVERRULE THE DEFENDANT'S OBJECTIONS 215 TO THE REPORT AND RECOMMENDATION AND, CONSISTENT WITH THE ACCOMPANYING MEMORANDUM, ADOPT THE SPECIAL MASTER'S FINDINGS OF FACT AND CONCLUSIONS OF LAW; DEFENDANT THE FAIR FIELD COMPANY IS LIABLE, UNDER 31 USC SEC. 3729, TO PAY $1,055,320.62 ALLOCATED AS $316,596.19 AWARDED TO PLAINTIFF-RELATOR AND $787,724.43 AWARDED TO THE UNITED STATES; ON OR BEFORE 2/19/20, PLAINTIFF MAY MOVE FOR AN AWARD OF REASONAB LE EXPENSES, ATTORNEY'S FEES, AND COSTS UNDER 31 USC SEC. 3730(D)(2) COMPLIANT WITH OUR POLICIES AND INCLUDING SUPPORTING COMPARATOR REASONABLENESS AFFIDAVITS WITH A RESPONSE DUE NO LATER THAN 3/4/20; AND, WE DEFER ENTRY OF JUDGMENT UNTIL AN AWARD, IF ANY, OF REASONABLE EXPENSES, ATTORNEY'S FEES, AND COSTS. SIGNED BY HONORABLE MARK A. KEARNEY ON 2/5/20. 2/5/20 ENTERED AND COPIES MAILED AND E-MAILED.(fdc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA, ex
rel INTERNATIONAL
BROTHERHOOD OF ELECTRICAL
WORKERS LOCAL UNION NO. 98
v.

CIVIL ACTION

NO. 09-4230

THE FARFIELD COMPANY

ORDER
AND NOW, this 5th day of February 2020, upon extensive study of the Special Master's
Report and Recommendation (ECF Doc. No. 214) including 220 Findings of Fact based solely on
our review of the transcribed record and 39 Conclusions of Law de nova entered with the parties'
consent after evaluating the credibility of witnesses and exhibits adduced during eight days of
hearings, considering the Defendant's Objections (ECF Doc. No. 215), the Plaintiffs Response
(ECF Doc. No. 216), and for reasons in the accompanying Memorandum, it is ORDERED:
1.

We OVERRULE the Defendant's Objections (ECF Doc. No. 215) to the Report

and Recommendation (ECF Doc. No. 214) and, consistent with the accompanying Memorandum,

ADOPT the Special Master's Findings of Fact and Conclusions of Law;
2.

Defendant The Farfield Company is liable, under 31 U.S.C. § 3729, to pay

$1,055,320.62 allocated as $316,596.19 awarded to the Plaintiff-Relator and $738,724.43 awarded
to the United States;
3.

On or before February 19, 2020, Plaintiff may move for an award of reasonable

expenses, attorney's fees, and costs under 31 U.S.C. § 3730(d)(2) compliant with our Policies and
including supporting comparator reasonableness affidavits with a response due no later than

March 4, 2020; and,

4.

We defer entry of Judgment until an award, if any, of reasonable expenses,

attorney's fees, and costs.

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