Motion for Partial Summary — United States ex rel. James R. Berkley v. Ocean State, LLC (Dkt. 64, D.R.I.)

Summary

The relator's motion for partial summary judgment under Fed. R. Civ. P. 56, filed January 6, 2025 as Document 64 in C.A. No. 1:20-cv-00538-JJM-PAS in the U.S. District Court for the District of Rhode Island, against Ocean State, LLC, New Harbor Capital and Fyzical Acquisition Holdings, LLC. The relator asks the Court to find that Ocean State and Fyzical Holdings falsely certified compliance with the PPP size and affiliation rules because, together with their affiliates, each had more than 500 employees and no affiliation waiver applied. The motion also seeks rulings on scienter, materiality, New Harbor Capital's liability for causing the claims, damages measured by the government's entire expenditures, and the public disclosure bar defense. A footnote states that the relator does not seek summary judgment on the separate necessity certification claim.

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