United States of America et al v. Lincare, Inc. et al
||February 18, 2021
||US District Court for the Southern District of Alabama
|Nature of Suit:
||Qui Tam (31 U.S.C. § 3729(a))
|Cause of Action:
||31:3729 False Claims Act
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|February 18, 2021
ORDER ADOPTING 33 REPORT AND RECOMMENDATIONS re 25 MOTION to Dismiss Amended Complaint filed by Lincare, Inc. It is ORDERED as follows: 1) The Motion to Dismiss the Amended Complaint is GRANTED as to Counts I, and II, is also GRA NTED as to denial of further leave to amend Counts I and II, and is DENIED as to Count III; 2) the Realtor Blakenship's request for leave to further amend her complaint is DENIED; and 3) Counts I and II are DISMISSED under Rule 12(b)(6) with prejudice as to Realtor Blakenship, but without prejudice as to the the United States as set out. Signed by Chief Judge Kristi K. DuBose on 02/18/2021. (srd)
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