United States District Court, D. Nevada
UNITED STATES OF AMERICA ex rel. JANIE M. SMITH, Relatrix, and JANIE M. SMITH, Plaintiffs,
SC INVESTMENT LAS VEGAS, INC., a Nevada Corporation, d/b/a Sky Court Harbors, PACIFICA S.D. MANAGEMENT, LP, a California Limited Partnership, and NIWA NOBUO, Defendants.
SUNG, ESQ. Nevada State Bar No. 13047 DAVID OLSHAN, ESQ.
Nevada State Bar No. 4126 Nevada Legal Services, Inc.
Attorneys for Janie Smith.
STIPULATION AND ORDER TO AMEND COMPLAINT
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE.
JANIE SMITH and Defendants S.C. INVESTMENT LAS VEGAS, INC.,
d/b/a/ SKY COURT HARBORS, PACIFICA S.D. MANAGEMENT, LP., and
NIWA NOBUO, by and through their respective counsels of
record, hereby stipulate and agree that Plaintiff may,
pursuant to Rule 15(a) of the Federal Rules of Civil
Procedure, file an amended complaint in the form of the
Amended Complaint attached hereto as Exhibit A.
filing of the Court's order granting permission to amend,
Plaintiff JANIE SMITH shall file and serve the Amended
Complaint within five (5) days thereof.
Parties are stipulating in the interest of judicial economy,
and this Stipulation shall not be construed to prejudice any
claims or defenses asserted by the Parties in this action.
The Parties are not waiving or conceding any rights to
otherwise make arguments against the allegations contained in
Plaintiff's Amended Complaint.
on the written stipulation of the parties and good cause
appearing in support thereof, Plaintiff may file an amended
complaint in the form of the Amended Complaint attached
hereto as Exhibit A within five (5) days of the filing of
action is brought under the False Claims Act
("FCA"), 31 U.S.C. §§ 3729 and
3730(b)(1). Plaintiff Janie M. Smith ("Smith")
rents a unit at 9025 W Desert Inn Rd #121 Las Vegas, Nevada,
from Defendants S.C. Investments Las Vegas, Inc., doing
business as Sky Court Harbors. Smith is a participant of the
federally-regulated rent subsidy program known as the Section
8 Tenant-Based Housing Choice Voucher Program ("Section
8"), administered by the Southern Nevada Regional
Housing Authority ("SNRHA"). Defendants and SNRHA
entered into a Housing Assistance Payment Contract ("HAP
Contract"), which prohibited Defendants from charging
Smith side payments in the form of additional rent or other
violated the FCA by demanding illegal side payments in the
form of a $100 month-to-month fees and late fees from Smith
while under the HAP Contract with SNRHA. The United States
seeks all remedies available under the FCA. Smith seeks a
statutory share of any awarded damages paid to the United
States under the FCA, declaratory relief, court costs and
reasonable attorney fees.
Plaintiff Janie Smith was a tenant at the premises located at
9025 W Desert Inn Rd #121 Las Vegas, Nevada ("the
premises") from June 30, 2014 to December 7, 2015.
Plaintiff Janie Smith files this action on behalf of the
United States of America to enforce her rights.
Defendant S.C. Investment Las Vegas, Inc., a Nevada
corporation, held itself out as the owner of the premises.
Defendant Pacifica S.D. Management, LP, a California Limited
Partnership, managed the premises.
Defendant Niwa Nobuo was the owner of the premises, according
to the Clark County Assessor.
Court has jurisdiction over the federal claim pursuant to 28
U.S.C. §§ 1331, 1345 and 1367, 31 U.S.C. §
3732. Fed. R. Civ. Pro. 57 and 28 U.S.C. § 2201(a)
authorize declaratory relief.
Defendants committed the unlawful acts in Clark County in the
State of Nevada. Venue is proper under 28 U.S.C. § 1391,
31 U.S.C. § 3732 and 28 U.S.C. § 2201(a).
federal government instituted Section 8 to assist low income
families with obtaining decent, safe, sanitary, and
affordable rental housing; it is authorized by Section 8 of
the U.S. Housing Act of 1937, 42 U.S.C. §1437f, and
governed by regulations contained in 24 C.F.R. Part 982.
Under Section 8, the United States Department of Housing and
Urban Development (HUD) enters into annual contribution
contracts with public housing agencies, including SNRHA.
Pursuant to the annual contribution contract, SNRHA enters
into a contract with the landlord of an existing dwelling to
make monthly housing assistance payments on behalf of
eligible tenants, subject to HUD approval. This contract ...