|April 14, 2022
REPORTED OPINION re 95 ; 96 ; 97 ; 98 ; 99 . The Court ORDERS the following: (1) The United States' Motion for Reconsideration of the Court's Order dismissing the CDA anti-fraud counterclaims, (ECF No. 96), is DENIE D. (2) Lodge's Motion for Reconsideration, (ECF No. 99), is GRANTED IN PART. The United States' counterclaims, as they related to the CCT Claims, are DISMISSED AS MOOT, and the Court does not intend to hold a second trial in this matter. (3 ) Lodge's Motion for Reconsideration/Motion to Quash, (ECF No. 97), is GRANTED. (4) The portion of the Court's February 3, 2022, Status Conference Order directing the parties to begin discovery on veil piercing issues is VACATED. (5) All su bpoenas, interrogatories, and documents requests issued by the United States in connection with a veil piercing remedy are QUASHED. (6) Lodge's Motion to Dismiss its Complaint in Case No. 13-499, (ECF No. 98), is GRANTED. Lodge's wrongful t ermination claim is DISMISSED WITH PREJUDICE pursuant to RCFC 41(a)(2). (7) The United States' Motion for Summary Judgment, (ECF No. 95), is DENIED AS MOOT. (8) The Clerk is DIRECTED TO ENTER JUDGMENT dismissing this case. The Clerk is directed to enter judgment. Signed by Judge David A. Tapp. (jm) Service on parties made.
|January 10, 2022
REPORTED POST-TRIAL OPINION. Granting in part and denying in part 86 Motion. After careful consideration of the testimony, documents, and arguments presented at trial, the Court makes the foregoing findings of fact and conclusi ons of law: (1) The Court FINDS AND CONCLUDES, with support from clear and convincing evidence, that Lodge Construction, Inc. submitted a fraudulent claim to the United States Army Corps of Engineers on June 21, 2012 (the Design Claim). (2) The Court FINDS AND CONCLUDES, with support from clear and convincing evidence, that Lodge Construction, Inc. submitted a fraudulent claim to the United States Army Corps of Engineers on June 26, 2012 (the Dewatering Claim). (3) Pursuant to 31 U.S.C. § 3729, Lodge Construction, Inc. is ORDERED to pay to the United States $22,000 in civil penalties for false claims, statements, and records associated with Lodge's certified Dewatering and Design claims submitted for payment to the United St ates Army Corps of Engineers. (4) Lodge Construction, Inc.'s Design Claim, as stated in Lodge's Complaint, Case No. 13-800, and Lodge's Second Amended Complaint, Case No. 13-500, is FORFEITED pursuant to 28 U.S.C. § 2514. (5) Purs uant to RCFC 54(b), there being no just reason for delay, the Clerk is DIRECTED to enter judgment in favor of the United States in Case No. 13-800. (6) Lodge Construction, Inc.'s Motion to Take Judicial Notice (ECF No. 86) is GRANTED-IN-PART. (7) Further proceedings are required to assess the viability of Lodge's Complaint in Case No. 13-499. In addition, the United States has asserted counterclaims in fraud that were not within the scope of this limited trial. The Court SCHEDULES a status conference on February 1, 2022 to address outstanding issues. That status conference will be conducted in Washington, D.C. at the National Courts Building at 2:00 PM (ET). (8) The Court reserves a decision on costs for a later date. Signed by Judge David A. Tapp. (jm) Service on parties made.