Theresa Dunn et al v. Procarent, Inc.
3:2011cv00704 |
July 20, 2022 |
US District Court for the Western District of Kentucky |
Louisville Office |
Other Statutes: False Claims Act |
31 U.S.C. ยง 3729 False Claims Act |
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Filing 124 MEMORANDUM OPINION AND ORDER signed by Judge Claria Horn Boom on 3/7/24 ; granting in part and denying in part 119 Motion to Dismiss for Failure to State a Claim: IT IS HEREBY ORDERED: Defendant Procarent, Inc.'s Motion to Dismiss Third Amend ed Complaint, [R. 119 ], is GRANTED IN PART and DENIED IN PART. a. The motion is GRANTED to the extent Procarent seeks dismissal of Count I. Count I is DISMISSED WITH PREJUDICE. b. The motion is GRANTED to the extent Procarent seeks dismissal of Count II's fraudulent certification theory. Count II is DISMISSED IN PART, WITH PREJUDICE. c. The motion is DENIED in all other respects. cc: Counsel(DJT) |
Filing 110 MEMORANDUM OPINION AND ORDER signed by Judge Claria Horn Boom on 7/20/22; granting in part and denying in part 92 Motion to Dismiss for Failure to State a Claim: Said motion is GRANTED to the extent it seeks dismissal of Count I and Count II for failure to satisfy Rule 9(b)'s pleading standard. Counts I and II are DISMISSED WITHOUT PREJUDICE. Said motion is DENIED in all other respects. The Relators SHALL file a Third Amended Complaint within sixty (60) days of the entry of this Memorandum Opinion and Order. cc: Counsel (DJT) |
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