United States of America v. Academy Mortgage Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 UNITED STATES OF AMERICA, et al., Case No. 16-cv-02120-EMC

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART RELATOR’S

MOTION TO STRIKE AFFIRMATIVE

ACADEMY MORTGAGE DEFENSES

CORPORATION,

Docket No. 137 Defendant. 12 13 In this qui tam False Claims Act suit, Gwen Thrower (“Relator”) alleges that Academy Mortgage Corporation (“Academy”) falsely certified compliance with the U.S. Department of Housing and Urban Development’s (HUD’s) regulations, enabling it to obtain government insurance on mortgage loans underwritten by Academy, and to make claims on those loans. Relator now moves to strike eight of Academy’s nine affirmative defenses pursuant to Federal Rule of Civil Procedure 12(f). See Docket No. 137 (“Strike Mot.”). I. FACTUAL BACKGROUND Academy is a lender that participates in HUD’s lending program, which guarantees that the federal government will reimburse…