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Cloverleaf Golf Course, Inc v. Fmc Corporation

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


June 17, 2011

CLOVERLEAF GOLF COURSE, INC., PLAINTIFF,
v.
FMC CORPORATION, DEFENDANT.

The opinion of the court was delivered by: Williams, Magistrate Judge:

ORDER OF CERTIFICATION TO ATTORNEY GENERAL

Pursuant to 28 U.S.C. § 2403(a) and Federal Rule of Civil Procedure 5.1(b), the Court CERTIFIES to the Attorney General of the United States that the constitutionality of the qui tam provisions of 35 U.S.C. § 292 has been questioned, whereby the Court ORDERS that the United States shall be permitted to intervene.*fn1 As such, the Court DIRECTS the Clerk of Court to send of copy of this Order to:

Attorney General of the United States c/o Lee Lofthus Assistant Attorney General for Administration Justice Management Division 950 Pennsylvania Ave. NW Room 1111 Washington, DC 20530 and United States Attorney for the Southern District of Illinois c/o J. Christopher Moore Assistant United States Attorney, Civil Chief 9 Executive Drive Suite 300 Fairview Heights, IL 62008

The Court notes that Defendant FMC Corporation has fulfilled its obligations under Federal Rule of Civil Procedure 5.1(a)(1) by providing Notice (Doc. 17) to the Attorney General of the United States of the constitutional issue raised by their Motion to Dismiss (Doc. 15) and Memorandum (Doc. 16) in support thereof.

IT IS SO ORDERED.

STEPHEN C. WILLIAMS United States Magistrate Judge


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