MEMORANDUM & ORDER Relators Orlando Lee, Melville Luckie, and Luz Gonzalez (“Relators”) brought this qui tam action on behalf of the United States of America and the State of New York (the “State”) against Defendants Northern Adult Daily Health Care Center and Galena Deverman on September 4, 2013, alleging violations of the False Claims Act, 31 U.S.C. §3729 et seq. (the “FCA”), and the New York State False Claims Act, N.Y. State Fin. Law §187 et seq. (the “NYFCA”). (Compl.
175-241, Docket Entry No. 1.) Relators subsequently amended the Complaint twice, and in the Second Amended Complaint (“SAC”) filed on October 7, 2016, Relators brought claims against Defendants Northern Metropolitan Foundation for Healthcare, Inc., Northern Manor Multicare Center, Inc., and Northern Manor Adult Day Health Care Program1 realleging claims for violations of the FCA and the NYFCA, and, in addition, alleging claims of retaliation under the FCA and NYFCA, and discrimination and retaliation under the New York City Human Rights Law (the “NYCHRL”). (SAC, Docket Entry No. 55.) Defendants moved for summary judgment as to all claims, (Defs. Mot. for Summ. J. (“Defs. Mot.”), Docket Entry No. 94; Defs. Mem. in Supp. of Defs. Mot. (“Defs. Mem.”), Docket Entry No. 94-1), and Relators opposed the motion, (Relators’ Opp’n to Defs. Mem. (“Relators’ Opp’n”), Docket Entry No. 98-4.)Currently before the Court is a report and recommendation from Magistrate Judge James Orenstein, recommending that the Court grant Defendants’ motion for summary judgment as to Relators’ FCA and NYFCA claims and deny Defendants’ motion as to Relators’ FCA and NYFCA retaliation claims and NYCHRL discrimination and retaliation claims (the “R&R”). (R&R, Docket Entry No. 105.) Both parties filed objections to the R&R on March 27, 2019, (Relators’ Obj. to R&R (“Relators’ Obj.”), Docket Entry No. 107; Defs. Obj. to R&R (“Defs. Obj.”), Docket Entry No. 108), and the parties filed their respective replies on April 9, 2019, (Defs. Reply to Relators’ Obj. to R&R, Docket Entry No. 111; Relators’ Reply to Defs. Obj. to R&R, Docket Entry No. 112). By Order dated March 31, 2019, the Court granted Defendants’ motion and dismissed Relators’ FCA and NYFCA retaliation claims and NYCHRL discrimination and retaliation claims. (Order dated Mar. 31, 2019.) The Court reserved decision as to Relators’ qui tam claims and scheduled oral argument for April 26, 2019. (Id.) The Court explains the reasons for its decision below.I. Backgrounda. Factual backgroundThe following facts are undisputed unless otherwise noted. Defendants Northern Metropolitan Foundation for Healthcare, Inc., Northern Manor Multicare Center, Inc., and Northern Manor Adult Day Health Care Program operated an adult day care center located in Brooklyn, New York (“Northern Manor”). (Defs. Rule 56.1 Statement of Undisputed Material Facts (“Defs. 56.1″) 2, Docket Entry No. 95.) Relators are former employees of Northern Manor. (Relators’ Rule 56.1 Statement of Undisputed Material Facts (“Relators’ 56.1″)
