Swift

1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 SCOTT SWIFT, No. 2:20-cv-00731-MCE-DB 13 Plaintiff, 14 v. MEMORANDUM AND ORDER 15 CLEARCAPTIONS, LLC, 16 Defendant. 17

18 Plaintiff Scott Swift (“Plaintiff”) originally initiated this False Claims Act, 31 U.S.C. 19 §§ 3729, et seq. (“FCA”), action as a relator on behalf of the United States of America 20 alleging several claims directly under the FCA, including an FCA retaliation claim, along 21 with claims for unjust enrichment and payment under mistake of fact. ECF No. 1. The 22 United States declined to intervene, ECF No. 16, after which Plaintiff voluntarily 23 dismissed, with the United States’ consent, all of the claims in which the United States 24 maintained an interest, leaving only his retaliation claim for adjudication, ECF No. 31. 25 Plaintiff then filed the now operative First Amended Complaint (“FAC”), alleging only one 26 cause of action against Defendant ClearCaptions, LLC, (“Defendant”) for retaliation 27 under the FCA, 31 U.S.C. § 3730(h).…