United States Ex Rel. Hayes v. CMC Electronics Inc.

OPINION

HOCHBERG, District Judge.

Introduction:

This matter comes before the Court on Defendant CMC Electronic’s (“CMCE”) Partial Motion to Dismiss Counts I and II of the Complaint pursuant to Fed.R.Civ.P. 12(b)(6). In the alternative, Defendant has brought a Motion for Partial Summary Judgment pursuant to Fed.R.Civ.P. 56(c). The Defendant contends that the Plaintiffs do not have a cause of action under the False Claims Act, 31 U.S.C. § 3729 et seq. (“FCA”) because the Government was precluded from sustaining losses or damages in the contracts at issue. In the alternative, the Defendant argues…