United States ex rel. Ackley v. International Business Machines Corp.

OPINION

MESSITTE, District Judge.

This is a relator’s suit under the qui tarn provisions of the False Claims Act (FCA), 31 U.S.C. § 3729 et seq. Following the Court’s Order granting Defendants’ Motion to Dismiss Counts I and II of Plaintiffs Second Amended Complaint,1 Defendants were directed to file pleadings responsive to Count III, the only count remaining in the Second Amended Complaint, which alleges retaliation in violation of the FCA, 31 U.S.C. § 8730(h). Defendants have responded by filing a partial Motion to Dismiss Count III,2 and alternatively ask the Court to Strike significant…