Tra v. Fesen et al

Tra v. Fesen et al

Case Number:	2:2014cv02249
Filed:	July 31, 2019
Court:	US District Court for the District of Kansas
Office:	Kansas City Office
Nature of Suit:	Other Statutes: False Claims Act
Cause of Action:	31 U.S.C. § 3729 False Claims Act

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Date Filed	Document Text
July 31, 2019	Filing 56 MEMORANDUM AND ORDER. Defendant Hutchinson Clinic, P.A.'s Motion to Dismiss is GRANTED IN PART AND DENIED IN PART. (Doc. 41 .) The Clinic's motion to dismiss count 3, the FCA reverse false claim, is GRANTED. The Clinic's motion to di smiss all other counts is DENIED. Defendant Mark R. Fesen, M.D's motion to dismiss is DENIED. (Doc. 43 .) The government also requests an opportunity to amend. (Doc. 51 at 29.) The government has not attached a proposed amended complaint , nor has it suggested how it will cure any deficiencies. The court declines to grant the request without a motion and attached draft amended complaint. The government is free to seek leave to amend its intervenor complaint in accordance with the local rules. Signed by District Judge John W. Broomes on 7/31/2019. (mam)

Date Filed

Document Text

July 31, 2019

Filing 56 MEMORANDUM AND ORDER. Defendant Hutchinson Clinic, P.A.'s Motion to Dismiss is GRANTED IN PART AND DENIED IN PART. (Doc. 41 .) The Clinic's motion to dismiss count 3, the FCA reverse false claim, is GRANTED. The Clinic's motion to di smiss all other counts is DENIED. Defendant Mark R. Fesen, M.D's motion to dismiss is DENIED. (Doc. 43 .) The government also requests an opportunity to amend. (Doc. 51 at 29.) The government has not attached a proposed amended complaint , nor has it suggested how it will cure any deficiencies. The court declines to grant the request without a motion and attached draft amended complaint. The government is free to seek leave to amend its intervenor complaint in accordance with the local rules. Signed by District Judge John W. Broomes on 7/31/2019. (mam)

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