United States District Court for the District of Columbia
January 7, 2004.
UNITED STATES OF AMERICA ex rel., ERVIN AND ASSOCIATES, INC., Plaintiff,
THE HAMILTON SECURITIES GROUP, INC., et al, Defendants
The opinion of the court was delivered by: LOUIS OBERDORFER, Senior District Judge
It is this 7th day of January 2004 hereby
ORDERED: that, for reasons stated in the accompanying memorandum,
defendant Hamilton's motion for partial judgment with respect to Count
VII of the Second Amended Complaint is GRANTED, and it is:
FURTHER ORDERED: that Hamilton's motion for partial judgment with
respect to Counts I, III, IV, V, VI, and VIII of the Second Amended
Complaint is GRANTED because Ervin failed to identify or introduce
evidence in either its pretrial statement or at trial in support of the
allegations contained in these Counts. And it is:
FURTHER ORDERED: that Hamilton's motion is DENIED with respect to Count
IX, related to the North and Central note sale. That transaction occurred
arguably after Hamilton should have known enough about all of the errors
and problems with the West of Mississippi sale to place the burden on
Hamilton to demonstrate that the errors' replication is not actionable
gross negligence in the extreme. And it is:
FURTHER ORDERED: Hamilton's motion is denied with respect to Count II
(related to the Single Family Offering), Counts XIII and XIV (related to
the Williams, Adley 8(a) contract), and Counts XV and XVI (related to the
cross-cutting contract). And it is:
FURTHER ORDERED: that all pending evidentiary objections are overruled.
And it is:
FURTHER ORDERED: that the qui tam trial is scheduled to resume on
Monday, March 15. 2004 at 10:00 a.m. in Courtroom 3, at which time
Hamilton may put on its case in defense unless the parties have reached a
settlement of the pending action.
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