Notice of Partial Voluntary Dismissal Pursuant to F.R.C.P. 41(a)(1)(A)(i) (S.D.N.Y., Dkt. 19, July 9, 2024)

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A Notice of Partial Voluntary Dismissal under F.R.C.P. 41(a)(1)(A)(i), dated July 9, 2024, in the qui tam case brought by Relator NJ Challenger LLC for the United States, the State of New York and the State of New Jersey, No. 1:22-cv-10313-LJL, Document 19, in the U.S. District Court for the Southern District of New York. It recites that the Government filed a Complaint-in-Intervention on June 13, 2024 against LabQ Clinical Diagnostics, LLC, Community Mobile Testing, Inc., Dart Medical Laboratory, Inc. and Moshe Landau. The Relator gives notice that it voluntarily dismisses, without prejudice, all claims under the New York False Claims Act and the New Jersey False Claims Act and claims against the other named defendants. The signature block names Stephen A. Weiss of Seeger Weiss LLP.

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     Case 1:22-cv-10313-LJL    Document 19   Filed 07/09/24   Page 1 of 4




                        UNITED STATES DISTRICT COURT
                       SOUTHERN DISTRICT OF NEW YORK


UNITED STATES OF AMERICA,
the STATE OF NEW YORK, and
the STATE OF NEW JERSEY                  NO. 1:22-cv-10313-LJL

Ex rel. NJ CHALLENGER LLC

       Plaintiffs,

               v.

LABQ CLINICAL DIAGNOSTICS LLC,
LABQ CLINICAL 3 DIAGNOSTICS LLC,
DART MEDICAL LABORATORY, INC.
d/b/a LABQ DIAGNOSTICS, COMMUNITY        NOTICE OF PARTIAL VOLUNTARY
                                         DISMISSAL PURSUANT TO F.R.C.P.
MOBILE TESTING INC., MOSHE               41(a)(1)(A)(i)
LANDAU, LIEBEL RUBIN, SOLOMON
RUBIN, MARVIN RUBIN, JOEL LANDAU,
LUREINA BARRIO-GONZALEZ, DANIEL
GONZALEZ, BREANNA IRIS, BREANNA
IRIS LLC, MATIAS IRIS-CAPELLO,
DANIEL MENDOZA, KAYRA MENDOZA,
MENDOZA MEDICAL LLC, RICHARD
FRANCO, SOLOMON BROWN, DANIEL
ADAR, JACOB WEISS, ELIONA DOCI,
ARJOLA DOCI, and ESTHER
WURZBERGER,

       Defendants.


UNITED STATES OF AMERICA,

       Plaintiff-Intervenor,

               v.

LABQ CLINICAL DIAGNOSTICS, LLC;
COMMUNITY MOBILE TESTING, INC.;
DART MEDICAL LABORATORY, INC.;
and MOSHE LANDAU,
       Defendants.
        Case 1:22-cv-10313-LJL              Document 19    Filed 07/09/24       Page 2 of 4




      NOTICE OF PARTIAL VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P.
                             41(a)(1)(A)(i)

       On May 27, 2022, Relator NJ Challenger LLC (“Relator”) filed in camera and under seal,

a Complaint for Violations of the Federal False Claims Act, the New York False Claims Act, and

the New Jersey False Claims Act (“Complaint”) in the United States District Court for the Eastern

District of New York, case number CV-22-3155.

       By electronic orders dated November 23 and December 6, 2022, Relator’s case was

transferred to the United States District Court for the Southern District of New York (the “Court”)

and assigned case number 22-cv-10313-LJL.

       On May 1, 2024, the United States of America (the “Government”) notified the Court of

its intention to intervene with respect to certain allegations underlying the federal False Claims

Act claims asserted by Relator against named defendants LabQ Clinical Diagnostics, LLC;

Community Mobile Testing, Inc.; Dart Medical Laboratory, Inc.; and Moshe Landau (“Intervened

Defendants”). The Government further notified the Court that it declined to intervene against

Intervened Defendants “beyond the allegations to be set forth in the Complaint-in-Intervention,”

and declined to intervene against the other defendants named in Relator’s Complaint. On June 13,

2024, the Government filed a Complaint-in-Intervention against Intervened Defendants (the

“Complaint-in-Intervention”). See Dkt. No. 11.

       On May 1, 2024, the States of New York and New Jersey informed the Court of their

decision not to intervene in this action.

       Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Relator hereby

gives notice that the following claims are voluntarily dismissed, without prejudice to its rights, the

rights of the United States of America, or to the rights of the States of New York or New Jersey:
Case 1:22-cv-10313-LJL        Document 19        Filed 07/09/24      Page 3 of 4




(a)   All claims against the Intervened Defendants that are not set forth in the Complaint-

      in-Intervention;

(b)   All claims brought under the New York False Claims Act and the New Jersey False

      Claims Act;

(c)   All claims against LabQ Clinical 3 Diagnostics LLC;

(d)   All claims against Liebel Rubin;

(e)   All claims against Solomon Rubin;

(f)   All claims against Marvin Rubin;

(g)   All claims against Joel Landau;

(h)   All claims against Lureina Barrio-Gonzalez;

(i)   All claims against Daniel Gonzalez;

(j)   All claims against Breanna Iris;

(k)   All claims against Breanna Iris LLC;

(l)   All claims against Matias Iris-Capello;

(m)   All claims against Daniel Mendoza;

(n)   All claims against Kayra Mendoza;

(o)   All claims against Mendoza Medical LLC;

(p)   All claims against Richard Franco;

(q)   All claims against Solomon Brown;

(r)   All claims against Daniel Adar;

(s)   All claims against Jacob Weiss;

(t)   All claims against Eliona Doci;

(u)   All claims against Arjola Doci; and
       Case 1:22-cv-10313-LJL        Document 19        Filed 07/09/24        Page 4 of 4




       (v)    All claims against Esther Wurzberger.




Dated: July 9, 2024                         SEEGER WEISS LLP

                                      By:     s/ Stephen A. Weiss
                                            Stephen A. Weiss, Esq.
                                            sweiss@seegerweiss.com
                                            Justin M. Smigelsky, Esq.
                                            jsmigelsky@seegerweiss.com
                                            55 Challenger Road, 6th Floor
                                            Ridgefield Park, NJ 07660
                                            Tel: (973) 639-9100

                                            Attorneys for Plaintiff/Relator


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