United States v. Toyobo Co. Ltd ( 2017 )

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) ) Plaintiffs, ) ) v. ) ) SECOND CHANCE BODY ARMOR, INC., ) et al., ) ) Defendants. ) __________________________________________) ) UNITED STATES OF AMERICA, ) Civil Action No. 07-1144 (PLF) ) Plaintiff, ) ) v. ) ) TOYOBO COMPANY, LTD., et al., ) ) 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 2