United States Ex Rel. Weiss v. Schwartz

MEMORANDUM AND ORDER

PECKHAM, Chief Judge.

Sanford B. Weiss, the qui tam plaintiff under the False Claims Act, 31 U.S.C. § 232, moves to vacate the stipulated dismissal without prejudice entered into by the United States and the defendants on April 1, 1982. For the reasons set forth below, we grant plaintiff’s motion and hereby vacate the April 1 stipulation of dismissal.

For purposes of this discussion, we adopt the Government’s statement of facts. Plaintiff Weiss was the owner-mortgager of The Park Lane, a multi-resident housing project in Monterey, California. The mortgage on the project was…