With no explanation, chose the best option from "A", "B", "C" or "D". the Government from “bringpng] a related action based on the facts underlying the pending action.” 31 U.S.C. § 3730(b)(5). To determine whether the fírst-to-file bar applies, the Fourth Circuit has adopted the “same material elements” test. Carter, 710 F.3d at 182-83 (joining the Third, Fifth, Sixth, Ninth, Tenth, and D.C. circuits). Applying this test, a later-filed action is not based on the facts of a pending action when it identifies a new defendant who is not a subsidiary of an already-named defendant. See In re Nat. Gas Royalties Qui Tam Litig. (CO2 Appeals), 566 F.3d 956, 962 (10th Cir. 2009) (“The identity of a defendant constitutes a material element of a fraud claim.... ”); see also U.S. ex rel. Hampton v. Columbia/HCA Healthcare Corp., 318 F.3d 214, 218-19 (D.C. Cir. 2003) (<HOLDING>). Here, because the Lutz-Webster Complaint

A: holding that after a class is certified the controversy may exist  between a named defendant and a member of the class represented by the named plaintiff even though the claim of the named plaintiff has become moot
B: holding that firsttofile bar applied to when primary difference was named subsidiaries
C: holding that exception applied where bar counsel was subject to adverse discovery order and another professional conduct board hearing panel had directed a similar order to bar counsel in another matter
D: holding that the named insured was using an automobile when changing its tire
B.