Pape

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA, Case No. 24-cv-01001-RFL

Plaintiffs,

ORDER GRANTING MOTION TO

v. DISMISS

JAMES S. PAPE, et al., Re: Dkt. No. 30 Defendants.

Relator Relator LLC brought this suit under the False Claims Act (“FCA”) against Defendants James Pape, Jeanne DiBella, and The Articom Group, LLC (“TAG”), alleging that TAG submitted falsified documents to the United States Small Business Administration (“SBA”) and as a result, received a Paycheck Protection Program (“PPP”) Loan totaling $9,534,400.00. (Dkt. No. 1 (“Compl.”).) The Complaint comprises a single FCA claim. (Compl. ¶¶ 59–64.) Defendants now move to dismiss Relator’s Complaint under Federal Rules of Civil Procedure 9(b) and 12(b)(6), and request that the Court take judicial notice of a publicly available website and data contained on it, Relator’s False Claims Act litigation history, and a recent order from this District. (Dkt. Nos. 30, 30-2.) Because Defendants’ motion to dismiss argued that Relator’s prosecution of this action violates Article II of the Constitution, the United States intervened for the…