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United States ex rel. Grenadyor v. Ukrainian Village Pharmacy, Inc.

United States Court of Appeals, Seventh Circuit

December 3, 2014

UNITED STATES, et al., ex rel. YURY GRENADYOR, Plaintiffs/Relator-Appellants,
v.
UKRAINIAN VILLAGE PHARMACY, INC., et al., Defendants-Appellees

Argued October 3, 2014

Page 1103

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 9 C 7891 -- Harry D. Leinenweber, Judge.

For Yury Grenadyor, Plaintiff - Appellant: Timothy Cornell, Attorney, Gardner Cornell, P.C., Boston, MA; Mark Irving Labaton, Attorney, Isaacs Friedberg & Labaton, Los Angeles, CA.

For Ukrainian Village Pharmacy, Inc., Svitlana Kharlamova, Defendants - Appellees: Yevgeny Meltser, Attorney, Birg & Meltser, Northbrook, IL.

For Mei Services, Inc., Defendant - Appellee: Mason N. Floyd, Attorney, Daniel T. Hartnett, Attorney, Martin, Brown, Sullivan, Roadman & Hartnett, Chicago, IL; Leigh D. Roadman, Attorney, Chicago, IL.

For Global Pharmalife, Llc, Defendant - Appellee: Nazar Kashuba, Attorney, Demchenko Kashuba Llc, Chicago, IL.

Vasily Shevchuk, Defendant - Appellee, Pro se, Naperville, IL.

For Storchak Pharmacy, Llc, Vladimir Storchak, Defendants - Appellees: Thomas K. McQueen, Attorney, Chicago, IL.

Before POSNER, ROVNER, and TINDER, Circuit Judges.

OPINION

Page 1104

POSNER, Circuit Judge

This appeal is from the dismissal with prejudice of a complaint filed under the False Claims Act, 31 U.S.C. § 3729 et seq., by Yury Grenadyor. He seeks a bounty for exposing fraudulent claims submitted by the defendants both to the federal government, id., § 3730, and to several state governments on whose behalf he has filed pendent state law claims. The complaint also alleges retaliation against him by his employer in violation of the Act. The judge dismissed the pendent and retaliation claims along with the fraud claim.

Our bounty hunter (in False Claims Act cases called the " relator" ) is a pharmacist formerly employed by defendant Ukrainian Village Pharmacy. The pharmacy primarily serves Chicago's Ukrainian community. There are believed to be about 46,000 persons of Ukrainian descent living in Chicago. See " Ukrainian American," Wikipedia, http://en.wikipedia.or g/wiki/Ukrainian_American (visited Dec. 1, 2014, as were the other websites cited in this opinion). Together with pharmacies that serve similar communities in other states and are joined as additional defendants in this suit, Ukrainian Village Pharmacy is alleged to be controlled by a handful of individuals of Ukrainian ...


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