United States Ex Rel. Schwartz v. TRW Inc.

ORDER GRANTING DEFENDANTS’ MOTION TO DISQUALIFY RELATOR AND DISMISS FIRST CAUSE OF ACTION; ORDER DENYING PLAINTIFF’S MOTION FOR RECONSIDERATION OF COURT’S DECISION TO NOT APPOINT HER COUNSEL; ORDER DENYING PLAINTIFF’S MOTION TO FILE FOURTH AMENDED COMPLAINT; AND ORDER GRANTING DEFENDANT TRW’S MOTION TO NOT FILE AN ANSWER TO THE THIRD AMENDED COMPLAINT.

I.

Introduction

Defendant TRW brings this motion to disqualify Dr. Nira Schwartz (“Schwartz”) from acting as relator under the False Claims Act, 31 U.S.C. § 3729 . Defendant TRW argues that because Schwartz is proceeding in propria persona and is not an attorney she must be disqualified from representing the United States in this qui tam action. TRW argues that in order to represent an entity other than oneself, one must be an attorney. The Court agrees that a non-attorney may not represent the real party in interest before this Court. Because Schwartz is admittedly not a member of any bar she may not represent the real party in interest in a qui tam action, the United States. Accordingly, the Court concludes that Schwartz should be disqualified as relator and that the First Cause of Action in plaintiffs Third Amended Complaint…