Opinion
22-cv-0331-BJR
07-26-2024
UNITED STATES OF AMERICA ex rel., ADAMA JAMMEH, and ADAMA JAMMEH, Plaintiffs, v. GESAGRAN KUMAR, SANTOSHNI KUMAR, and GSK GROUPS LLC, a Washington Limited Liability Company, Defendants.
NICKOLAS BOHL, WA #48978 Assistant United States Attorney United States Attorney's Office JOSHUA TURNHAM, WA #49926 Northwest Justice Project SAMUEL LEONARD, WA ##46498 Leonard Law, PLLC
NICKOLAS BOHL, WA #48978 Assistant United States Attorney United States Attorney's Office
JOSHUA TURNHAM, WA #49926 Northwest Justice Project
SAMUEL LEONARD, WA ##46498 Leonard Law, PLLC
ORDER
Barbara Jacobs Rothstein U.S. District Court Judge
WHEREAS the United States of America (the “United States”) has intervened in this action with regard to the allegations asserted against Defendants Gesagran Kumar, Santoshni Kumar, and GSK Groups, LLC (“Kumar”) for the purpose of effectuating a settlement agreement between the United States, the Relator, and Kumar (the “Settlement Agreement”); and
WHEREAS the United States and the Relator have filed a joint stipulation of partial dismissal in part with regard to the allegations against Kumar;
IT IS HEREBY ORDERED as follows:
1. Consistent with the terms of the Settlement Agreement, the claims asserted by the Relator on behalf of the United States against Kumar that are based on the Covered Conduct as defined in Paragraph C, Recitals of the Settlement Agreement are dismissed with prejudice. Paragraph C, Recitals of the Settlement Agreement specifically provides as follows:
C. The United States contends that it has certain civil claims against Kumar arising from Relator's Complaint alleging violations of the FCA against Kumar, including allegations that Kumar repeatedly overcharged Relator as a Section 8 tenant in violation of the FCA and Kumar's contractual agreements with HUD, during the period from October 2018 through November 2020, which caused Kumar to receive HUD funds to which he might not otherwise be entitled. That conduct is referred to below as the Covered Conduct.
2. Any remaining claims asserted by the Relator on behalf of the United States against Kumar, First Cause of Action of the Complaint, regarding the False Claims Act claims, in which the United States has not intervened, are dismissed with prejudice to the Relator and without prejudice as to the United States.
3. All remaining claims asserted by the Relator against Kumar, Second-Fifth Causes of Action of the Complaint, and regarding attorney's fees, costs and expenses under 31 U.S.C. § 3730(d) are not dismissed and shall remain pending in the above-styled action.