JUDICIAL:
United States of Am., ex rel. Kenneth Kraemer, & Kenneth Kraemer & Kraemer Farms, LLC, a Minnesota limited liability company, Plaintiffs, v. United Dairies L.L.P., a Minnesota limited liability partnership; Union Dairy, L.L.P., a Minnesota limited liability partnership; Westland Dairy, LLP, a Minnesota limited liability partnership; Alpha Foods, L.L.P., a Minnesota limited liability partnership; Nicholas Ridgeway; Craig Achen; Steven Landwehr; Thomas Landwehr; Matthew Landwehr; Robert Hennen; Silverstreak Dairies, LLC, a Minnesota limited liability company; Greg Marthaler; Marthaler Properties Family LLLP, a Minnesota limited liability limited partnership, d/b/a Marthaler Farms; & Dairyridge, Inc., a S. Dakota corporation, Defendants., No. CV 16-3092 (DWF/LIB), 2019 WL 2233053 (D. Minn. May 23, 2019)
Plaintiff-relators Kenneth Kraemer (“Kraemer”) and Kraemer Farms, LLC (collectively, “Plaintiffs”) initiated this qui tam action on behalf of the United States of America (the “Government”), against Defendants United Dairies L.L.P. (“United”), a Minnesota limited Liability partnership; Union Dairy, L.L.P. (“Union”), a Minnesota limited liability partnership; Westland Dairy, LLP (“Westland”), a Minnesota limited liability partnership; Alpha Foods, L.L.P. (“Alpha”), a Minnesota limited liability partnership; Nicholas Ridgeway (“Ridgeway”); Craig Achen (“Achen”); Steven Landwehr (“S. Landwehr”); Thomas Landwehr (“T. Landwehr”); Mathew Landwehr (“M. Landwehr”); Robert Hennen (“Hennen”); Silverstreak Dairies, LLC (“Silverstreak”), a Minnesota limited liability company; Greg Marthaler (“Marthaler”); Marthaler Properties Family LLLP (“Marthaler Farms”), a Minnesota limited liability limited partnership, d/b/a Marthaler Farms; and Dairyridge, Inc.(“Dairyridge”), a South Dakota corporation (collectively “Defendants”).
Plaintiffs’ qui tam Complaint was filed under seal on September 15, 2016. The Complaint was unsealed on August 4, 2017 and served on Defendants between August 24 and September 5, 2017. Kraemer asserts two causes of action under the False Claims Act (“FCA”), 31 U.S.C. § 3729(a)(1), and a third cause of action for Unjust Enrichment, on behalf of the Government. Kraemer and Kraemer Farms, L.L.C. initially alleged four additional causes of action (the “Kraemer Counts”): (1) retaliation under the FCA, 31 U.S.C. § 3730(h) against Defendants United, Union, Ridgeway, Achen, S. Landwehr, T. Landwehr, M. Landwehr, and Hennen; (2) breach of contract against United, and the same individuals listed in Kraemer Count One ; (3) declaratory judgment against the same defendants for the breach of contract alleged in Kraemer Count Two, ; and (4) breach of contract against Union
Only the first Kraemer Count remains. The Court dismissed Count IV with prejudice on March 26, 2018. The Court found Counts II and III subject to mandatory arbitration and dismissed them without prejudice on July 6, 2018. (Doc. No. 69 (“Order”).) Counts II and III were subsequently resolved through arbitration on August 30, 2018.
This matter is before the Court on Plaintiffs’ motion for partial summary judgment (Doc. No. 86), and Defendants’ motion for summary judgment. The Court denies Plaintiffs’ motion, and grants in part and denies in part Defendants’ motion. Specifically, the Court dismisses Defendant Silverstreak as a party, but denies Defendants’ motion in all other respects.
REGULATORY
Notice; comment requested: Rural Housing Service, USDA; In accordance with the Paperwork Reduction Act of 1995, the Rural Housing Service (RHS) invites comments on this information collection for which approval from the Office of Management and Budget (OMB) will be requested. The intention is to request a revision for a currently approved information collection in support of the program, Real Estate Title Clearance and Loan Closing. Info
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Notice: Rural Housing Service, USDA; The Rural Housing Service (RHS), an Agency within Rural Development, announces that it is soliciting competitive applications under its Housing Preservation Grant (HPG) program. This action is taken to comply with Agency regulations which requires the Agency to announce the opening and closing dates for receipt of pre-applications for HPG funds from eligible applicants.
The Agency will publish the amount of funding on its website at https://www.rd.usda.gov/newsroom/notices-solicitation-applications-nosas.Expenses incurred in developing applications will be at the applicant’s risk. Info HERE
Notice and request for comments: Agricultural Marketing Service, USDA; In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agricultural Marketing Service’s (AMS) intention to request approval from the Office of Management and Budget (OMB) for an extension of a currently approved information collection for the Reporting and Recordkeeping Requirements Under Regulations Under the Perishable Agricultural Commodities Act, 1930, as amended. Info HERE
Notice and request for comments: Agricultural Marketing Service, USDA; In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agricultural Marketing Service’s (AMS) intention to request for an extension and revision of a currently approved information collection for Specialty Crops Market News Division Info HERE
Notice of meeting: Forest Service, USDA; The Black Hills National Forest Advisory Board (Board) will meet in Rapid City, South Dakota. The Board is established consistent with the Federal Advisory Committee Act of 1972, the Forest and Rangeland Renewable Resources Planning Act of 1974, the National Forest Management Act of 1976, and the Federal Public Lands Recreation Enhancement Act. Additional information concerning the Board, including the meeting summary/minutes, can be found by visiting the Board’s website at: http://www.fs.usda.gov/main/blackhills/workingtogether/advisorycommittees. Info HERE
