United States v. Toyobo Co. Ltd

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

)

UNITED STATES OF AMERICA, ex rel., ) AARON J. WESTRICK, Ph.D., ) Civil Action No. 04-0280 (PLF)

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Plaintiffs, )

)

v. )

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SECOND CHANCE BODY ARMOR, INC., ) et al., )

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Defendants. )

__________________________________________)

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UNITED STATES OF AMERICA, ) Civil Action No. 07-1144 (PLF)

)

Plaintiff, )

)

v. )

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TOYOBO COMPANY, LTD., et al., )

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Defendants. )

__________________________________________)

ORDER

For the reasons stated in the accompanying Opinion issued this same day, it is

hereby

ORDERED that the United States’ motion for reconsideration [Dkt. 450 in Civil

Action No. 04-0280 and Dkt. 184 in Civil Action No. 07-1144] is GRANTED IN PART and

DENIED IN PART; it is

FURTHER ORDERED that the beginning of Toyobo’s alleged fraud for all

claims is July 2001; it is

FURTHER ORDERED that only the following claims survive summary

judgment and shall proceed to trial:

1. Common law claims of fraud and unjust enrichment against all

defendants concerning both the BPVGPA and the GSA MAS;

2. Fraudulent inducement under the FCA against all defendants concerning

both the BPVGPA and the GSA MAS;

3. Express and implied false certification under the FCA against all

defendants concerning only the GSA MAS and limited to the United States’ theory that the

Second Chance’s 6% catalog guarantee was a durability requirement.

SO ORDERED.

_________/s/_______________ PAUL L. FRIEDMAN

DATE: July 14, 2017 United States District Judge