M.A. DeAtley Construction, Inc. v. United States

OPINION

DAMICH, Chief Judge.

This case is before the Court on Plaintiffs motion for summary judgment with respect to the Defendant’s three counterclaims in its amended answer, filed by leave of the Court on January 31, 2006. Plaintiff alleges that Defendant has acquired no evidence during discovery to support its three counterclaims—which arise under the False Claims Act, the anti-fraud provision of the Contract Disputes Act, and the Forfeiture of Fraudulent Claims Act. The gravamen of Plaintiffs motion is that Defendant’s counterclaims should not survive because it has failed to make a showing…