Siebert

Siebert v. Gene Security Network, Inc.

Good Law
75 F. Supp. 3d 1108·2014 WL 6765835·96 Fed. R. Serv. 76·2014 U.S. Dist. LEXIS 166417
United States District Court, Northern District of CaliforniaDecember 1, 2014Case No. 11-cv-01987-JSTCalifornia7,920 words

Opinion

Lead Opinion

Tigar, J.

*1111 ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR SUMMARY JUDGMENT AND DENYING MOTION FOR PARTIAL SUMMARY JUDGMENT

Re: ECF Nos. 109, 110

Before the Court are Plaintiff Gary Siebert’s Motion for Summary Judgment or, in the alternative, for summary adjudication, and Defendant Gene Security Network’s Motion for Partial Summary Judgment. ECF Nos. 109, 110. For the reasons set forth below, Siebert’s Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART, and Defendant’s Motion for Partial Summary Judgment is DENIED.

I. BACKGROUND

On April 22, 2011, Plaintiff-relator Gary Siebert filed this False Claims Act (“FCA”) case, alleging that Defendant Gene Security Network (“GSN”) 1 falsely certified its compliance with accounting regulations and thereby unlawfully secured at least three grants from the National Institutes of Health (“NIH”). ECF No. 1. Specifically, Siebert alleges that GSN “knowingly submitted a false or fraudulent claim for payment or approval, and knowingly presented false records or state-, ments to get a false or fraudulent claim paid or approved, in violation of 31 U.S.C. § 3729 (a)(1) and (2).” ECF No. 22, ¶6. Siebert served as GSN’s Chief…

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