Nifong v. SOC, LLC

Filing 28

MEMORANDUM OPINION. Signed by District Judge T. S. Ellis, III on 6/6/2016. (dvanm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

KENLYB.NIFONG,
Plaintiff,
V.

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Case No. l:16-cv-63

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SOC,LLC,
Defendant

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MEMORANDUM OPINION'

In this retaliation action, plaintiff alleges that defendant, a federal contractor and

plaintiffs former employer, took adverse actions against plaintiff, including the termination of
plaintiffs employment, in retaliation for plaintiffs reporting of defendant's practice of
designating employees at pay grades higher than warranted for the duties performed in order to
bill the government at a higher rate. Specifically, plaintiff alleges two claims against defendant:
(i) a False Claims Act ("FCA") retaliation claim pursuant to 31 U.S.C. § 3730(h), and (ii) a
National Defense Authorization Act C*NDAA") reprisal claim pursuant to 41 U.S.C. § 4712.
Defendant has moved to dismiss both claims for failure to state a claim. As the matter has been

fully briefedand argued orally, it is now ripe for disposition.

^ThisMemorandum Opinion amends the Memorandum Opinion dated June 2, 2016. Nifong v.
SOQ LLC, No. l:16-cv-63 (E.D. Va. June 2, 2016) (Memorandum Opinion) (Doc. 24). As
defendant correctly notes in its memorandum in support of defendant's motion for
reconsideration, the June 2,2016 Memorandum Opinion erroneously recited a fact not alleged in

plaintiffs complaint. Although that error is immaterial to theresult reached here—and therefore
defendant's motion for reconsideration must be denied—^this amended Memorandum Opinion
nonetheless corrects the error identified by defendant.
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