United States of America v. California Institute of Technology
Opinion
Trial Court Opinion
I. INTRODUCTION
Relator Nathan S. Lewis (“the Relator’) filed this gui tam action, under seal, against defendants California Institute of Technology (“Caltech”), Dr. Harry A. Atwater (“Dr. Atwater”), Dr. Edward M. Stolper (“Dr. Stolper”), and Dr. Jacqueline K. Barton (“Dr. Barton”) on July 9, 2018. Dkt. 1 (“Compl.”). The operative complaint asserts claims for: (1) violation of the False Claims Act (“FCA”), U.S.C. § 3729 et seq., against all defendants; and (2) retaliation in violation of the FCA, U.S.C. § 3730(h), against Caltech. Id. Following a period of investigation, the United States of America declined to intervene on June 19, 2019. Dkt. 13. Defendants thereafter moved to dismiss the Relator’s complaint on September 16, 2019. Dkt. (“Mot.”). The relator filed an opposition on October 2, 2019. Dkt. 28 (“Opp.”). Defendants filed a reply on October 11, 2019. Dkt. 30 (“Reply”). The Court held a hearing on October 28, 2019. Having carefully considered the parties’ arguments, the Court finds and concludes as follows.