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USA ex rel Michael S. Lord v. North American Partners In Anesthesia, LLP, 3:13-2940. (2017)

Court: District Court, M.D. Pennsylvania Number: infdco20171115e95 Visitors: 7
Filed: Nov. 14, 2017
Latest Update: Nov. 14, 2017
Summary: ORDER MALACHY E. MANNION , District Judge . Based on the foregoing memorandum, IT IS HEREBY ORDERED that: 1. NAPA defendants' motion to dismiss, (Doc. 52 ), relator's claims in his complaint, (Doc. 26 ), against them is GRANTED IN PART and DENIED IN PART; 2. NAPA defendants' motion to partially dismiss Counts I and II based on relator's FCA claims regarding alleged wrongdoing before June 2011 and after June — is GRANTED, and the claims outside of the stated dates are DISMISSED
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ORDER

Based on the foregoing memorandum, IT IS HEREBY ORDERED that:

1. NAPA defendants' motion to dismiss, (Doc. 52), relator's claims in his complaint, (Doc. 26), against them is GRANTED IN PART and DENIED IN PART; 2. NAPA defendants' motion to partially dismiss Counts I and II based on relator's FCA claims regarding alleged wrongdoing before June 2011 and after June — is GRANTED, and the claims outside of the stated dates are DISMISSED WITHOUT PREJUDICE; 3. NAPA defendants' motion to partially dismiss Counts I and II based on relator's FCA claims regarding his Examination Allegations and his Informed Consent Allegations is GRANTED, and these claims are DISMISSED WITHOUT PREJUDICE; 4. NAPA defendants' motion to dismiss relator's FCA claims in Counts I and II regarding his allegations that NAPA anesthesiologists were not immediately available is DENIED, and these claims will PROCEED; 5. NAPA defendants' motion to dismiss relator's FCA claims in Counts I and II regarding his allegations that NAPA anesthesiologists pre-signed attestations is DENIED, and these claims will PROCEED; 6. NAPA defendants' motion to dismiss Counts IV, V, and VI of relator's complaint, (Doc. 26), is DISMISSED AS MOOT; 7. NAPA defendants are directed to file their answer to the remaining claims against them in relator's complaint on or before November 30. 2017.
Source:  Leagle

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