Motion to Reconsider — United States ex rel. The Tarbell Group, LLC v. Virginia Rush Soccer, Inc. (Dkt. 25)

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A Motion to Reconsider, Document 25, filed 07/14/25, in United States of America ex rel. The Tarbell Group, LLC v. Virginia Rush Soccer, Inc., et al., Case no. 1:24-cv-849-LMB-LRV, in the Eastern District of Virginia. It states that on July 14, 2025, the Court ordered the action dismissed as to the two remaining defendants, Virginia Rush Soccer Inc. and Glen Allen Community Center. Relator asks the Court, rather than dismiss the case, to order the Government to elect whether or not to intervene by a date certain, and says dismissal would jeopardize Relator's position as first-to-file under the False Claims Act. Relator does not object to severing and transferring the cases against the two remaining defendants to the Norfolk Division and the Richmond Division. It is signed /s/ Bruce Ellis Fein.

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Case 1:24-cv-00849-LMB-LRV                  Document 25           Filed 07/14/25         Page 1 of 2 PageID# 86




                              UNITED STATES DISTRICT COURT
                           FOR THE EASTERN DISTRICT OF VIRGINIA


 United States of America ex rel.
    The Tarbell Group, LLC,

          Plaintiff
                                                                Case no. 1:24-cv-849-LMB-LRV
                   v.

 Virginia Rush Soccer, Inc., et al.,

          Defendants


                                        MOTION TO RECONSIDER

          On July 14, 2025, the Court ordered the action dismissed as to the two remaining

 defendants, Virginia Rush Soccer Inc. and Glen Allen Community Center. Dkt. No. 24. Relator

 believed, and believes, that the Government was and is still considering whether to intervene as to

 those two defendants, 1 and that Relator was therefore powerless to proceed pending the

 Government’s election.2

          Relator therefore respectfully requests that, rather than dismiss the case, the Court order

 the Government to elect whether or not to intervene by a date certain, or request an extension of

 time in which to do so. Dismissing the case would short-circuit the Government’s intervention

 decision and jeopardize Relator’s position as first-to-file under the False Claims Act due to

 circumstances not of his own making. 3 The cure-or-waiver-of-defects statute allows dismissal


 1
   See United States’ Notice of Intervention in Part for Purposes of Settlement as to Defendants Cheers, Employee
 Activity Association, Inc., and National Association of Telecommunications Officers and Advisors and Request to
 Unseal, Dkt. No. 11, at 2 (February 5, 2025) (“The United States is continuing its investigation as to the remaining
 defendants . . .”); United States’ Notice of Intervention in Part for Purposes of Settlement as to Defendants
 Metropolitan Business League and Southampton Recreation Association, Dkt. No. 20, at 1 (March 28, 2025) (“The
 United States is continuing its investigation as to the remaining defendants . . .”).
 2
   31 U.S.C. § 3730(b)(4)
 3
   Id., § 3730(b)(5); see United States ex rel. Rosales v. Amedisys North Carolina, LLC, 128 F.4th 548, 552 (4th Cir.
 2025) (“The False Claims Act’s first-to-file rule allows only one relator at a time to pursue . . . a given fraud.”).
Case 1:24-cv-00849-LMB-LRV                 Document 25   Filed 07/14/25    Page 2 of 2 PageID# 87




 where a case was filed in the wrong district or division.4 But this case was properly filed in this

 division, because multiple defendants reside herein, although all such defendants have settled and

 been dismissed.5 Nor is misjoinder a ground for dismissal.6

         Relator does not object to severing and transferring the cases against the two remaining

 defendants to the divisions wherein they reside7: Virginia Rush Soccer, Inc., based in Virginia

 Beach, to the Norfolk Division, and Glen Allen Community Center, located in Henrico County, to

 the Richmond Division.

         Accordingly, Relator respectfully requests that the Court rescind its July 14, 2025 order,

 order the Government to elect whether or not to intervene by a Court-specified deadline, and,

 should it deem proper, sever and transfer the cases against the two remaining defendants as

 described above. A proposed order to that effect is submitted herewith.


 Respectfully submitted,

 /s/

 Bruce Ellis Fein
 Bruce Ellis Fein PLLC
 Virginia State Bar # 44049
 P.O. Box 506
 Great Falls, VA 22066
 bruce@newdream.net
 703-248-0390
 Attorney for Relator




 4
   28 U.S.C. § 1406(a).
 5
   28 U.S.C. § 1391(b)(1); Local Civil Rule 3(C).
 6
   Fed. R. Civ. P. 21.
 7
   See id.; 28 U.S.C. § 1401(a).


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