Door Left Open for Amendment
Despite dismissing the complaint, the judge declined to throw out the case with prejudice, granting Akeel & Valentine until Nov. 11 to submit an amended filing that provides genuinely new and material information.
“Though it may be futile for relator to become an original source, it is not futile for relator to obtain genuinely new and material information,” Harjani wrote, leaving a narrow window for the firm to revive the case.
Filed in January 2024, the suit named Napleton Auto Group, multiple individuals, and about three dozen dealerships spanning Illinois, Indiana, Florida, Georgia, Minnesota, Missouri, Pennsylvania, and Wisconsin.
The U.S. government declined to intervene, leaving the law firm to press ahead alone.
Akeel & Valentine is represented by Samuel R. Simkins and Shereef H. Akeel, along with David J. Chizewer and Joseph L. Hoolihan of Goldberg Kohn Ltd.
The defendants are represented by Crowell & Moring LLP, including attorneys Jason M. Crawford, Katherine Quinn, Neil G. Nandi, and Olivia L. Lynch.