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U.S. ex rel. Rubar v. The Haynor Hoyt Corp.

FCA Qui Tam Claims Not Covered Under Settlement Only Partly Dismissed; Fees, Costs Granted

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MEMORANDUM-DECISION AND ORDERI. Introduction

*1 Plaintiff-relator John Rubar filed this qui tam action against defendants Hayner Hoyt Corporation, Jeremy Thurston, Gary Thurston, LeMoyne Interiors, Doyner, Inc., Ralph Bennett, and 229 Constructors, LLC pursuant to the False Claims Act (FCA)1. (Compl., Dkt. No. 1.) The United States elected to intervene for the limited purpose of effectuating a settlement agreement between the parties, which resolved the FCA claims regarding defendants’ fraudulent acquisition of construction contracts. (Dkt. No. 12.) Rubar maintains an FCA retaliation claim2 and numerous common law tort claims against defendants, which were not covered by the settlement agreement. (3d Am. Compl., Dkt. No. 95.)Pending is defendants’ motion to dismiss several of the remaining claims, (Dkt. No. 30), Rubar’s motion for attorneys’ fees, costs, and expenses, (Dkt. No. 31), and The Travelers Indemnity Company’s motion to intervene, (Dkt. No. 65). For the following reasons, the parties’ motions

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