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14-830 - United States of America, ex rel. John Rubar v. The Hayner Hoyt Corporation, et al


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14-830 - United States of America, ex rel. John Rubar v. The Hayner Hoyt Corporation, et al
January 25, 2018
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MEMORANDUM-DECISION and ORDER - That defendants' 30 motion to dismiss is GRANTED IN PART and DENIED IN PART as follows: GRANTED with respect to the FCA retaliation claim (fourth claim) as against Gary Thurston, Jeremy Thurston, Ralph Bennett, Lemoyne Interiors, and 229 Constructors, LLC, the NIED claim (seventh claim) as against all defendants, and the tortious interference with contract claim (ninth claim) as against all defendants; and DENIED in all other respects. That defendants shall file an appropriate responsive pleading within the time allotted by the rules. That Rubar's 31 motion for attorneys' fees, costs, and expenses is GRANTED IN PART and DENIED IN PART as follows: GRANTED to the extent that attorneys' fees in the amount of $206,374.50 and costs and expenses in the amount of $2,070.85 are imposed against defendants; and DENIED in all other respects. That Travelers' 65 motion to intervene is GRANTED and Travelers shall file its pleading on or before February 8, 2018. That the parties shall contact Magistrate Judge Hummel to schedule further proceedings in accordance with this order. Signed by Senior Judge Gary L. Sharpe on 1/25/2018. (jel, )