Grynberg v. Koch Gateway Pipeline Co., 390 F.3d 1276 (10th Cir. 2004). · Go Syfert
Grynberg v. Koch Gateway Pipeline Co., 390 F.3d 1276 (10th Cir. 2004). Cases Citing This Book View Copy Cite
206 citation events (206 in the last 25 years) across 38 distinct courts.
Strongest positive: United States ex rel. Wood v. Allergan, Inc. (nysd, 2017-03-31)
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Top citers, strongest first. 50 distinct citers.
examined Cited as authority (verbatim quote) United States ex rel. Wood v. Allergan, Inc.
S.D.N.Y. · 2017 · quote attribution · 1 verbatim quote · confidence high
riginal qui tam rela-tors would be léss likely to act on the government's behalf if they had to share in their recovery with third parties who do no more than tack on additional factual allegations to the same essential claim.
examined Cited as authority (verbatim quote) United States v. Cellco Partnership (2×) also: Cited "see"
D.C. Cir. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
riginal qui tam relators would be less likely to act on the government's behalf if they had to 8 share in their recovery with third parties who do no more than tack on additional factual allegations to the same essential claim.
discussed Cited as authority (verbatim quote) United States Ex Rel. Wickliffe v. EMC Corp. (2×) also: Cited as authority (rule)
10th Cir. · 2012 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
once an initial qui tam complaint puts the government and the defendants on notice of its essential claim, all interested parties can expect to resolve that claim in a single lawsuit.
discussed Cited as authority (verbatim quote) Hill v. Vanderbilt Capital Advisors, LLC
D.N.M. · 2011 · quote attribution · 1 verbatim quote · confidence high
the false claims act's qui tam provisions are designed to encourage private citizens to expose fraud but to avoid actions by opportunists seeking to capitalize on public information.
discussed Cited as authority (verbatim quote) Folliard v. Insight Enterprises, Inc.
D.D.C. · 2011 · quote attribution · 1 verbatim quote · confidence high
once the government is put on notice of its potential fraud claim, the purpose behind allowing qui tam litigation is satisfied.
examined Cited as authority (verbatim quote) United States Ex Rel. Branch Consultants v. Allstate Insurance (3×) also: Cited as authority (rule), Cited "see, e.g."
5th Cir. · 2009 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the pendency of initial qui tam action ... blocks other private relators from filing copycat suits that do no more than assert the same material elements of fraud, regardless of whether those later complaints are able to marshal additional factual support for the claim.
examined Cited as authority (verbatim quote) US EX REL. BRANCH CONSULTANTS v. Allstate Ins. Co. (3×) also: Cited as authority (rule), Cited "see, e.g."
5th Cir. · 2009 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the pendency of initial qui tam action ... blocks other private relators from filing copycat suits that do no more than assert the same material elements of fraud, regardless of whether those later complaints are able to marshal additional factual support for the claim.
examined Cited as authority (verbatim quote) Unites States Ex Rel. Poteet v. Medtronic, Inc. (6×) also: Cited "see", Cited "see, e.g."
6th Cir. · 2009 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
once the government is put on notice of its potential fraud claim, the purpose behind allowing qui tam litigation is satisfied.
examined Cited as authority (verbatim quote) Poteet v. Medtronic Inc (3×) also: Cited "see"
6th Cir. · 2009 · quote attribution · 2 verbatim quotes · confidence high
the false claim act's qui tam provisions are designed to encourage private citizens to expose fraud but to avoid actions by opportunists seeking to capitalize on public information.
examined Cited as authority (verbatim quote) United States Ex Rel. Smith v. Yale-New Haven Hospital, Inc. (3×) also: Cited as authority (rule), Cited "see, e.g."
D. Conn. · 2005 · quote attribution · 1 verbatim quote · confidence high
this provision is a jurisdictional limit on the courts' power to hear certain duplicative qui tam suits
discussed Cited as authority (verbatim quote) Cambell v. United States
9th Cir. · 2005 · quote attribution · 1 verbatim quote · confidence high
the false claims act's qui tam provisions are designed to encour- age private citizens to expose fraud but to avoid actions by opportunists seeking to capitalize on public information.
examined Cited as authority (quoted) Grynberg ex rel. United States v. Exxon Co. (3×) also: Cited "see"
10th Cir. · 2009 · signal: see · quote attribution · 1 verbatim quote · confidence high
further, original qui tam relators would be less likely to act on the government's behalf if they had to share in their recovery with third parties who do no more than tack on additional factual allegations to the same essential claim.
examined Cited as authority (quoted) In Re Natural Gas Royalties Qui Tam Litigation (3×) also: Cited "see"
10th Cir. · 2009 · signal: see · quote attribution · 1 verbatim quote · confidence high
further, original qui tam relators would be less likely to act on the government's behalf if they had to share in their recovery with third parties who do no more than tack on additional factual allegations to the same essential claim.
discussed Cited as authority (rule) Ferguson v. Lockheed Martin
5th Cir. · 2026 · confidence medium
Carson v. Manor Care, Inc., 851 F.3d 293, 304-05 (4th Cir. 2017) (concerning an alleged scheme to overbill for medical and physical therapy costs, the second relator cannot “avoid § 3730(b)(5)’s first-to-file bar simply by alleging additional facts relating to how” the fraud occurred); Grynberg v. Koch Gateway Pipeline Co., 390 F.3d 1276, 1280 (10th Cir. 2004) (applying the bar where serial complaints alleging various fraudulent techniques of mismeasuring of gas produced, and differences in techniques were immaterial). 32 Case: 24-10713 Document: 112-1 Page: 33 Date Filed: 03/09/2026 No…
cited Cited as authority (rule) United States ex rel. Ganesa Rosales v. Amedisys North Carolina, L.L.C.
4th Cir. · 2025 · confidence medium
Cir.) (same), with Branch Consultants, 560 F.3d at 376–77 (5th Cir.) (jurisdictional), and Grynberg, 390 F.3d at 1278 (10th Cir.) (same).
discussed Cited as authority (rule) Galloway v. N.M. Off. of the Superintendent of Ins. (2×)
N.M. · 2025 · confidence medium
Duxbury v. Ortho Biotech Prods., L.P., 579 F.3d 13, 32 (1st Cir. 2009); Grynberg v. Koch Gateway Pipeline Co., 390 F.3d 1276, 1280 (10th Cir. 2004). {50} Instead, when determining whether actions were related under the first-to-file provision, these federal circuits have adopted standards that are variations on a central theme.
discussed Cited as authority (rule) Galloway v. N.M. Off. of the Superintendent of Ins. (2×)
N.M. · 2025 · confidence medium
Duxbury v. Ortho Biotech Prods., L.P., 579 F.3d 13, 32 (1st Cir. 2009); 2 Grynberg v. Koch Gateway Pipeline Co., 390 F.3d 1276, 1280 (10th Cir. 2004). 3 {50} Instead, when determining whether actions were related under the first-to-file 4 provision, these federal circuits have adopted standards that are variations on a 5 central theme.
discussed Cited as authority (rule) Marcia Stein v. Kaiser Foundation Health Plan, Inc. (2×) also: Cited "see"
9th Cir. · 2024 · confidence medium
Co., 560 F.3d 371, 376 (5th Cir. 2009); Grynberg v. Koch Gateway Pipeline Co., 390 F.3d 1276, 1278 (10th Cir. 2004).
cited Cited as authority (rule) United States v. Rossi
C.D. Ill. · 2024 · confidence medium
Dismiss 4 (quoting Grynberg v. Koch Gateway Pipeline Co., 390 F.3d 1276, 1279 (10th Cir. 2004)).
cited Cited as authority (rule) Marcia Stein v. Kaiser Foundation Health Plan, Inc.
9th Cir. · 2024 · confidence medium
Co., 560 F.3d 371, 376 (5th Cir. 2009) (similar); Grynberg v. Koch Gateway Pipeline Co., 390 F.3d 1276, 1278 (10th Cir. 2004) (similar).
cited Cited as authority (rule) Sheldon Cho v. H.I.G. Capital, LLC
11th Cir. · 2022 · confidence medium
Lujan v. Hughes Aircraft Co., 243 F.3d 1181, 1188 (9th Cir. 2001); Grynberg v. Koch Gateway Pipeline Co., 390 F.3d 1276, 1279 (10th Cir. 2004).
examined Cited as authority (rule) Marshall v. University of TN Medical Center Home Care Services, LLC (4×) also: Cited "see", Cited "see, e.g."
E.D. Tenn. · 2021 · confidence medium
Grynberg v. Koch Gateway Pipline Co., 390 F.3d 1276, 1278 (10th Cir. 2004) (same), with United States ex rel.
cited Cited as authority (rule) In Re: Plavix Marketing v.
3rd Cir. · 2020 · confidence medium
Lujan v. Hughes Aircraft Co., 243 F.3d 1181 , 1187–89 (9th Cir. 2001); Grynberg v. Koch Gate- way Pipeline Co., 390 F.3d 1276, 1278 (10th Cir. 2004).
examined Cited as authority (rule) United States Ex Rel. Little v. Triumph Gear System, Inc. (4×) also: Cited "see", Cited "see, e.g."
10th Cir. · 2017 · confidence medium
And because § 3730(b)(5) is “a jurisdictional limit on the courts’ power,” Grynberg, United States ex rel. v. Koch Gateway Pipeline Co., 390 F.3d 1276, 1278 (10th Cir. 2004), accepting Triumph’s argument would spell the end of Little and Motaghed’s claims. 3 The success of this argument turns on the meaning of the word “intervene” in § 3730(b)(5).
cited Cited as authority (rule) United States ex rel. Carter v. Halliburton Co.
4th Cir. · 2017 · confidence medium
See, e.g., Walburn v. Lockheed Martin Corp., 431 F.3d 966 , 972 n.5 (6th Cir. 2005); Grynberg v. Koch Gateway Pipeline Co., 390 F.3d 1276, 1279 (10th Cir. 2004); United States ex rel.
discussed Cited as authority (rule) United States ex rel. Carson v. Manor Care, Inc.
4th Cir. · 2017 · confidence medium
The material elements tests bars a later suit “if it is based upon the same material elements of fraud as the earlier suit, even though the subsequent suit may incorporate somewhat different details.” Id.-, see also Grynberg v. Koch Gateway Pipeline Co., 390 F.3d 1276, 1279 (10th Cir. 2004) (stating that the first-to-file rule applies when “a subsequent complaint raises the same or a related claim based in significant measure on the core fact or general conduct relied upon in the first qui tam action”). “[D]ifferences in specifics — such as geographic location or added facts — wi…
discussed Cited as authority (rule) United States ex rel. Conroy v. Select Medical Corp.
S.D. Ind. · 2016 · confidence medium
Hartpence v. Kinetic Concepts, Inc., 792 F.3d 1121, 1123 (9th Cir.2015); Walburn v. Lockheed Martin Corp., 431 F.3d 966, 970 (6th Cir.2005); Grynberg v. Koch Gateway Pipeline Co., 390 F.3d 1276, 1278 (10th Cir.2004); but see United States ex rel.
cited Cited as authority (rule) Capuccio v. Capuccio (In re Capuccio)
Bankr. W.D. Okla. · 2016 · confidence medium
Grynberg v. Koch Gateway Pipeline Co., 390 F.3d 1276, 1279, n.1 (10th Cir.2004). 2.
discussed Cited as authority (rule) United States ex rel. Carter v. Halliburton Co. (2×)
E.D. Va. · 2015 · confidence medium
The prior opinion dismissing this case stated that “whether a qui tam action is barred by § 3730(b)(5) is determined by looking at the facts as they existed when the action was brought.” 2011 WL 6178878 , at *8 (citing Grynberg v. Koch Gateway Pipeline Co., 390 F.3d 1276, 1279 (10th Cir.2004)).
discussed Cited as authority (rule) United States ex rel. Carter v. Halliburton Co. (2×) also: Cited "see"
E.D. Va. · 2014 · confidence medium
Second, the court must decide whether the two cases are “related.” See Carter, 710 F.3d at 182 ; Grynberg v. Koch Gateway Pipeline Co., 390 F.3d 1276, 1277 (10th Cir.2004) (noting that § 3730(b)(5) applies “so long as a subsequent complaint raises the same or a related claim based in significant measure on the core facts or general conduct relied upon in the [pending] first qui tam action”); see also United States ex rel.
cited Cited as authority (rule) US ex rel. Wilson v. Bristol-Myers Squibb
1st Cir. · 2014 · confidence medium
Grynberg v. Koch Gateway Pipeline Co., 390 F.3d 1276, 1279-80 (10th Cir.2004); *118 United States ex rel.
discussed Cited as authority (rule) United States Ex Rel. Heineman-Guta v. Guidant Corp.
1st Cir. · 2013 · confidence medium
So “[o]nce the government is put on notice of its potential fraud claim, the purpose behind allowing qui tarn litigation is satisfied.” Grynberg v. Koch Gateway Pipeline Co., 390 F.3d 1276, 1279 (10th Cir.2004). 13 CONCLUSION For the aforementioned reasons, the district court’s dismissal of Heineman-Guta’s aménded complaint due to the first-to-file *39 rule under § 3730(b)(5) is affirmed.
cited Cited as authority (rule) United States ex rel. Carter v. Halliburton Co.
4th Cir. · 2013 · confidence medium
Co., 560 F.3d 371, 378 (5th Cir. 2009); Walburn, 431 F.3d at 971 ; Grynberg v. Koch Gateway Pipeline Co., 390 F.3d 1276, 1279-1280 (10th Cir. 2004); United States ex rel.
discussed Cited as authority (rule) United States ex rel. Carter v. Halliburton Co. (2×)
4th Cir. · 2013 · confidence medium
Co., 560 F.3d 371, 378 (5th Cir.2009); Walburn, 431 F.3d at 971 ; Grynberg v. Koch Gateway Pipeline Co., 390 F.3d 1276, 1279-1280 (10th Cir.2004); United States ex rel.
discussed Cited as authority (rule) United States ex rel. Palmieri v. Alpharma, Inc. (2×)
D. Maryland · 2013 · confidence medium
Under the rule, the qui tarn relator who beats the latecomers to the courthouse door is freed from having to “share in ... recovery with third parties who do no more than tack on additional factual allegations to the same essential claim.” Grynberg v. Koch Gateway Pipeline Co., 390 F.3d 1276, 1279 (10th Cir.2004).
discussed Cited as authority (rule) United States Ex Rel. Shea v. Verizon Business Network Services Inc.
D.D.C. · 2012 · confidence medium
Poteet v. Medtronic, Inc., 552 F.3d 503, 516 (6th Cir.2009) (noting that the interpretation of the first-to-file rule should comport with the policy of “ensuring that the government has notice of the essential facts of an allegedly fraudulent scheme”) (internal citations omitted); Grynberg v. Koch Gateway Pipeline Co., 390 F.3d 1276, 1279 (10th Cir.2004) (“Once the government is put on notice of its potential fraud claim, the purpose behind allowing qui tam litigation is satisfied.”).
discussed Cited as authority (rule) United States ex rel. Sandager v. Dell Marketing, L.P.
D. Minnesota · 2012 · confidence medium
Grynberg v. Koch Gateway Pipeline Co., 390 F.3d 1276, 1279 (10th Cir.2004) (explaining that such a limitation would be contrary to the plain meaning of the statute, which speaks of related qui tam actions, not identical ones).
discussed Cited as authority (rule) United States Ex Rel. Folliard v. Synnex Corp.
D.D.C. · 2011 · confidence medium
Poteet v. Medtronic, Inc., 552 F.3d 503, 516 (6th Cir.2009) (noting that interpretation of the first-to-file rule should comport with the policy of “ensuring that the government has notice of the essential facts of an allegedly fraudulent scheme”) (internal citations removed); Grynberg v. Koch Gateway Pipeline Co., 390 F.3d 1276, 1279 (10th Cir.2004) (“Once the government is *72 put on notice of its potential fraud claim, the purpose behind allowing qui tarn litigation is satisfied.”).
cited Cited as authority (rule) United States Ex Rel. Lisitza v. Johnson & Johnson
D. Mass. · 2011 · confidence medium
See In re Natural Gas, 566 F.3d at 962-963 ; Grynberg v. Koch Gateway Pipeline Co., 390 F.3d 1276, 1279 (10th Cir.2004); United States ex rel.
cited Cited as authority (rule) United States Ex Rel. Chovanec v. Apria Healthcare Group Inc.
7th Cir. · 2010 · confidence medium
Grynberg v. Koch Gateway Pipeline Co., 390 F.3d 1276, 1279-80 (10th Cir.2004); United States ex rel.
cited Cited as authority (rule) United States Ex Rel. Baker v. Community Health Systems Inc.
D.N.M. · 2010 · confidence medium
Boothe v. Sun Healthcare Group, Inc., 496 F.3d 1169, 1173 (10th Cir.2007) (citing Grynberg, United States ex rel. v. Koch Gateway Pipeline Co., 390 F.3d 1276, 1279 (10th Cir.2004)).
discussed Cited as authority (rule) United States Ex. Rel. Poteet v. Lenke
D. Mass. · 2009 · confidence medium
Hampton v. Columbia/HCA Healthcare Corp., 318 F.3d 214, 217-218 (D.C.Cir.2003). "[S]o long as a subsequent complaint raises the same or a related claim based in significant measure on the core fact or general conduct relied upon in the first qui tam action, § 3730(b)(5)’s first-to-file bar applies.” Grynberg v. Koch Gateway Pipeline Co., 390 F.3d 1276, 1279 (10th Cir. 2004).
discussed Cited as authority (rule) United States Ex Rel. Boothe v. Sun Healthcare Group, Inc. (2×) also: Cited "see"
10th Cir. · 2007 · confidence medium
Siller v. Becton Dickinson & Co., 21 F.3d 1339 , 1348-49 (4th Cir.1994) (utilizing more relator-friendly “derived from” test); United States v. Bank of Farmington, 166 F.3d 853, 863 (7th Cir.1999) (same) with Grynberg, 390 F.3d at 1279-80 (utilizing more restrictive “supported by” test).
cited Cited as authority (rule) Jenkins v. Educational Credit Management Corp.
10th Cir. · 2007 · confidence medium
Grynberg v. Koch Gateway Pipeline Co., 390 F.3d 1276, 1279 (10th Cir.2004).
discussed Cited as authority (rule) Walburn v. Lockheed Martin Corp. (2×) also: Cited "see"
6th Cir. · 2005 · confidence medium
If both allege “all the essential facts” of the underlying fraud, the earlier-filed Brooks action bars Walburn’s action, even if Walburn’s complaint “incorporates somewhat different details.” Id. at 232-33 ; Grynberg v. Koch Gateway Pipeline Co., 390 F.3d 1276, 1279 (10th Cir.2004); United States ex rel.
discussed Cited as authority (rule) Campbell v. Redding Medical Center
9th Cir. · 2005 · confidence medium
LaCorte v. SmithKline Beecham Clinical Labs., Inc., 149 F.3d 227, 233 (3d Cir.1998) (“Section 3730 attempts to reconcile two conflicting goals, specifically, preventing opportunistic suits, on the one hand, while encouraging citizens to act as whistleblowers, on the other.”); Grynberg v. Koch Gateway Pipeline Co., 390 F.3d 1276, 1278 (10th Cir.2004) (“The False Claims Act’s qui tam provisions are designed to encourage private citizens to expose fraud but to avoid actions by opportunists seeking to capitalize on public information.”).
discussed Cited as authority (rule) Campbell v. Redding Medical Center
9th Cir. · 2005 · confidence medium
LaCorte v. SmithKline Beecham Clinical Labs., Inc., 149 F.3d 227, 233 (3d Cir.1998) ("Section 3730 attempts to reconcile two conflicting goals, specifically, preventing opportunistic suits, on the one hand, while encouraging citizens to act as whistleblowers, on the other."); Grynberg v. Koch Gateway Pipeline Co., 390 F.3d 1276, 1278 (10th Cir.2004) ("The False Claims Act's qui tam provisions are designed to encourage private citizens to expose fraud but to avoid actions by opportunists seeking to capitalize on public information."). 32 Even where allegations have already been publicly disclos…
discussed Cited "see" ksd 2025
D. Kan. · 2025 · signal: see · confidence high
Evid. 201(b); see Grynberg v. Koch Gateway Pipeline Co., 390 F.3d 1276 , 1278 n.1 (10th Cir. 2004) (facts subject to judicial notice may properly be considered in a motion to dismiss). -2- On July 22, 2024, Judge O’Grady ordered plaintiff, her ex-husband and their children to part icipate in therapy so that plaintiff could restore contact with the children.
discussed Cited "see" United States v. Anchorage SNF, LLC
D. Maryland · 2025 · signal: accord · confidence high
Carson □□ Manor Care, Inc., 851 F.3d 293, 302-03 (4th Cir. 2017) (“A belated relator who merely adds details to a previously 19 exposed fraud does not help reduce fraud or return, funds to the federal fisc, because once the government knows the essential facts of a fraudulent scheme, it has enough information to discover _ related frauds) (internal quotations omitted); accord Grynbere v. Koch Gateway Pipeline, Co. 390 F.3d 1276, 1279 (10th Cir. 2004) “Once the government is put on notice of its potential fraud claim, the purpose behind allowing gui tam litigation is satisfied.” (cita…
discussed Cited "see" Jaiyeola v. Kight
D. Kan. · 2025 · signal: see · confidence high
See Grynberg v. Koch Gateway Pipeline Co., 390 F.3d 1276 , 1278 n.1 (10th Cir. 2004) (considering filings in a previous action without recharacterizing a motion to dismiss as a motion for summary judgment). 3 Jaiyeola v. Garmin Int’l, Inc., 2021 WL 295067 , at *5 (D.
Jack J. GRYNBERG, United States Ex Rel., Plaintiff-Appellant,
v.
KOCH GATEWAY PIPELINE COMPANY; United Gas Pipeline Company; Koch Hydrocarbon Company; Koch Industries, Inc.; Koch Exploration Co.; Koch Pipeline Company, LP; Mobile Bay Pipeline Company; Koch Oil Company, Defendants-Appellees. United States of America, Amicus Curiae
02-8108.
Court of Appeals for the Tenth Circuit.
Dec 7, 2004.
390 F.3d 1276
Jean E. Dubofsky, Jean E. Dubofsky, P.C., Boulder, CO, (Michael S. Porter, Law Offices of Michael S. Porter, Wheat Ridge, CO, with her on the briefs) for Plaintiff-Appellant., Mitchell S. Ettinger, Skadden, Arps, Slate, Meagher & Flom LLP, Washington, D.C. (Jennifer L. Spaziano, Skadden, Arps, Slate, Meagher & Flom LLP, Los Angeles, CA, and Michael A. Ceramella, Koch Industries, Inc., Wichita, KS, with him on the brief) for Defendants-Appellees., Sharon Swingle, Attorney, Appellate Staff, Department of Justice, Civil Division, Washington, D.C. (Robert D. McCal-lum, Jr., Assistant Attorney General, Washington, D.C., Matthew H. Mead, United States Attorney, Washington, D.C., and Douglas N. Letter, Attorney, Appellate Staff, Department of Justice, Civil Division, Washington, D.C., with her on the brief) for Amicus Curiae.
Ebel, McKay, Lucero.
Cited by 117 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: #26,903 of 633,719
Citer courts: Tenth Circuit (2)
EBEL, Circuit Judge.

Relator Jack Grynberg brought this qui tam action under the False Claims Act alleging that the defendants fraudulently measured its natural gas production and thereby underpaid royalties they owed to the United States. The district court dismissed Grynberg’s suit pursuant to 31 U.S.C. § 3730(b)(5), the False Claims Act’s so-called “first-to-file bar,” which prohibits private relators from bringing a related action based on the facts underlying a pending qui tam case. We AFFIRM.

BACKGROUND

Defendants (collectively “Koch”) are in the business of oil and natural gas exploration, production, purchasing, processing and transportation. According to Gryn-berg’s complaint, some of Koch’s natural gas production has for many years taken place on federal or Indian property. By contract, Koch has been responsible for measuring the natural gas it produced on federal and Indian lands, and those measurements have been used to determine the amount of royalties payable to the United States.

In September 1991, the Precision Company filed a qui tam action against several Koch entities under the False Claims Act. Precision alleged that Koch had fraudulently measured the natural gas it produced on federal and Indian lands, and thus underpaid royalties to the United States. More specifically, Precision alleged that the methods Koch used to defraud the government included, but were not limited to: (1) falsely integrating natural gas measurement charts; (2) miscalib-rating gas meters; (3) installing drip valves in certain pipes and collecting the liquid run-off condensate without paying for it; (4) understating the natural gas’s British Thermal Unit (“BTU”) value; (5) tightening the recording pin on the gas meter to distort measurements; (6) using an orifice place that was sized incorrectly or installed improperly; (7) letting the ink run dry on recording pens and manually filling in the blanks to record less gas flow; and (8) falsely recording the proportion of non-natural gas substances contained in the natural gas produced. Precision filed an amended complaint in August 1992 containing the same substantive allegations.

In July 1997, while the Precision lawsuit was still pending, Grynberg brought the instant action under the False Claims Act’s qui tam provision. Like in the Precision case, Grynberg alleged that Koch fraudulently measured the natural gas it produced on federal and Indian land and that it consequently underpaid royalties to the United States.

Some of Grynberg’s specific allegations regarding how Koch mismeasured its natural gas production closely mirror those raised by Precision in the prior suit. For instance, Grynberg alleged that Koch im[*1278] properly calibrated its measurement equipment, recovered condensate without paying for it, understated the BTU value of the natural gas, and used an orifice sized differently than reported. Grynberg also alleged some fraudulent measurement techniques that were not specifically mentioned in the Precision complaint. He claimed, for example, that Koch used natural gas to fuel its own downstream activities without paying for it, created unnecessary obstructions to disrupt gas flow, paid for gas only up to an arbitrary BTU value, regardless of its true BTU value, and misapplied a contractual provision allowing for a two percent error rate in volume measurements by automatically subtracting two percent from its volume figures.

DISCUSSION

The False Claims Act prohibits, among other things, using a false record or statement to avoid or decrease an obligation to make a payment to the United States government. 31 U.S.C. § 3729(a). This Act may be enforced either by the Attorney General or by a private qui tam relator suing on the government’s behalf. 31 U.S.C. §§ 3730(a), (b)(1). If a qui tam relator is successful, he or she receives a certain share of the proceeds of the claim. 31 U.S.C. § 3730(d).

The False Claims Act’s qui tam provisions are designed to encourage private citizens to expose fraud but to avoid actions by opportunists seeking to capitalize on public information. United States ex rel. Precision Co. v. Koch Indus., Inc., 971 F.2d 548, 552 (10th Cir.1992). Accordingly, private parties’ opportunities to bring qui tam suits are limited. Among the provisions of the Act restricting qui tam litigation is 31 U.S.C. § 3730(b)(5), known colloquially as the Act’s first-to-file bar. It states:

When a person brings an action under this subsection [a qui tam action], no person other than the Government may intervene or bring a related action based on the facts underlying the pending action.

31 U.S.C. § 3730(b)(5) (emphasis added). This provision is a jurisdictional limit on the courts’ power to hear certain duplica-tive qui tam suits. United States ex rel. Lujan v. Hughes Aircraft Co., 243 F.3d 1181, 1183 (9th Cir.2001).

The district court dismissed Grynberg’s action on the ground that it was barred by 31 U.S.C. § 3730(b)(5). [1] It reasoned that the operative claim asserted in both the Precision and Grynberg complaints was that Koch violated the False Claims Act by misrepresenting the amount of natural gas it was taking from federal and Indian lands and underpaying royalties to the United States. The issue we face on appeal is whether Grynberg’s suit is a related action based on the facts un[*1279] derlying the pending Precision case. As with all legal questions, our review is de novo. See Benns v. Cont'l Cas. Co., 982 F.2d 461, 462 (10th Cir.1993).

We judge whether § 3730(b)(5) barred Grynberg’s qui tam action by looking at the facts as they existed at the time that action was brought-July 1997. See Smith v. Sperling, 354 U.S. 91, 93 n. 1, 77 S.Ct. 1112, 1 L.Ed.2d 1205 (1957) (“[T]he jurisdiction of the Court depends upon the state of things at the time of the action brought.”) (quotation omitted). At that time, Precision’s 1992 amended complaint was pending in federal district court. If Grynberg’s suit was a “related action” based on the facts underlying the 1992 Precision amended complaint, then it was barred from its inception by § 3730(b)(5). See United States ex rel. LaCorte v. SmithKline Beecham Clinical Labs., Inc., 149 F.3d 227, 234-35 n. 6 (3d Cir.1998) (“[W]e may decide whether the later complaints allege the same material elements as claims in the original lawsuits simply by comparing the original and later complaints.”). [2]

Significantly, § 3730(b)(5)’s first-to-file bar is not limited to situations in which the original and subsequent complaints rely on identical facts. An identical facts test would be contrary to the plain meaning of the statute, which speaks of “related” qui tam actions, not identical ones. See 31 U.S.C. § 3730(b)(5); Lujan, 243 F.3d at 1189. Additionally, such a test would run counter to the purpose of § 3730(b)(5). Once the government is put on notice of its potential fraud claim, the purpose behind allowing qui tam litigation is satisfied. See LaCorte, 149 F.3d at 234 (“[Djuplicative claims do not help reduce fraud or return funds to the federal fisc, since once the government knows the essential facts of a fraudulent scheme, it has enough information to discover related frauds.”). Further, original qui tam rela-tors would be less likely to act on the government’s behalf if they had to share in their recovery with third parties who do no more than tack on additional factual allegations to the same essential claim. See id.

Rather, so long as a subsequent complaint raises the same or a related claim based in significant measure on the core fact or general conduct relied upon in the first qui tam action, the § 3730(b)(5)’s first-to-file bar applies. Once an initial qui tam complaint puts the government and the defendants on notice of its essential claim, all interested parties can expect to resolve that claim in a single lawsuit. The pendency of the initial qui tam action consequently blocks other private relators from filing copycat suits that do no more than assert the same material elements of fraud, regardless of whether those later complaints are able to marshal additional factual support for the claim.

Not surprisingly, every other circuit to have addressed this issue has also rejected an “identical facts” test in favor of an “essential claim” or “same material elements” standard. See United States ex [*1280] rel. Hampton v. Columbia/HCA Healthcare Corp., 318 F.3d 214, 217-18 (D.C.Cir.2003) (“We ... hold that § 3730(b)(5) bars any action incorporating the same material elements of fraud as an action filed earlier. In doing so we reject another possible test, one barring claims based on ‘identical facts.’ ”); Lujan, 243 F.3d at 1189 (“[W]e hold that § 3730(b)(5) bars later-filed actions alleging the same material elements of fraud described in an earlier suit, regardless of whether, the allegations incorporate somewhat different details.”); La-Corte, 149 F.3d at 233 (“[T]he district court correctly interpreted the statute as barring a later-filed action alleging the same elements of a fraud described in an earlier suit.”).

The essential claim in the 1992 Precision complaint was that Koch employed various fraudulent techniques to mismeasure the natural gas it produced, and used those fraudulent measurements to avoid or decrease its obligation to pay royalties to the United States. That complaint gave notice to both Koch and the government of its allegation that Koch had avoided its royalty obligations by mismeasuring natural gas production, and those parties should have expected fully to litigate that allegation in the Precision lawsuit.

Grynberg’s subsequent qui tam action raises this same essential claim. According to Grynberg’s complaint, his lawsuit “challenges Defendant’s mismeasurement of the volume and wrongful analysis of the heating content of natural gas, causing substantial underpayments of royalties to the United States.” [3] He has not managed to avoid § 3730(b)(5)’s first-to-file bar simply by alleging additional facts relating to how Koch mismeasured the natural gas, even though some of those specific allegations were not mentioned in the Precision complaint. See LaCorte, 149 F.3d at 235-37 (original qui tam action alleging that the defendant fraudulently overcharged the government for blood testing barred subsequent suits that alleged new facts detailing more precisely how the defendant overcharged the government). [4]

For these reasons, the district court correctly held Grynberg’s qui tam action barred by 31 U.S.C. § 3730(b)(5). The judgment is AFFIRMED.

1

. The defendants styled their motion to dismiss as arising under Federal Rule of Civil Procedure 12(b)(1). Yet because the jurisdictional question in this case is intertwined with the merits, we consider it as a motion to dismiss under Rule 12(b)(6). See Holt v. United States, 46 F.3d 1000, 1003 (10th Cir.1995) ("[A] court is required to convert a Rule 12(b)(1) motion to dismiss into a Rule 12(b)(6) motion or a Rule 56 summary judgment motion when resolution of the jurisdictional question is intertwined with the merits of the case.”). We decline to recharacterize the defendants’ motion as a summary judgment motion because we need consider only the allegations in Grynberg’s complaint and those in the prior Precision action. See 27A Fed. Proc., L.Ed. § 62:520 (2003) (facts subject to judicial notice may be considered without converting a motion to dismiss into a motion for summary judgment); Van Woudenberg v. Gibson, 211 F.3d 560, 568 (10th Cir.2000) (”[T]he court is permitted to take judicial notice of its own files and records, as well as facts which are a matter of public record.”), abrogated on other grounds by McGregor v. Gibson, 248 F.3d 946, 955 (10th Cir.2001).

2

. It is not relevant that in October 1998-after Grynberg brought the instant action-the plaintiffs in the Precision case again amended their complaint to raise somewhat different allegations against Koch, or that the Precision action ultimately settled. See Lujan, 243 F.3d at 1188. Additionally, it does not matter that the Precision plaintiffs had moved to file their second amended complaint by the time Giyn-berg brought the instant case because the district court had not yet granted that motion. See Murray v. Archambo, 132 F.3d 609, 612 (10th Cir.1998) ("Generally speaking, an amendment that has been filed or served without leave of court or consent of the defendants is without legal effect. It follows, then, that only an amended complaint that is in effect ... can supercede the original.”) (citations omitted).

3

. According to Grynberg, natural gas is measured on the basis of two factors: volume and heating content.

4

. We also reject Grynberg's argument that § 3730(b)(5) cannot apply because he named as defendants some affiliated Koch entities that were not listed as defendants in the Precision suit. This variation does not change the fact that the Precision and Grynberg complaints alleged the same essential claim of fraud. See Hampton, 318 F.3d at 218 (section 3730(b)(5) barred a claim against a corporation, a subsidiary, and several employees of the subsidiary, even though the prior pending qui tam action named only the corporation itself). In his complaint, Grynberg alleges that Koch Industries was a defendant in the prior Precision case.