Allison v. Southwest Orthopaedic Specialists PLLC et al
||October 8, 2020
||US District Court for the Western District of Oklahoma
||Oklahoma City Office
|Nature of Suit:
||Other Statutes: False Claims Act
|Cause of Action:
||28:1331 Fed. Question
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|October 8, 2020
ORDER granting in part and denying in part 133 Defendant Michael Kimzey's Motion to Dismiss; granting in part and denying in part 134 Defendant Steve Hendley's Motion to Dismiss. The motions are GRANTED to the extent that they ask the court to dismiss Kimzey and Hendley from counts one and six of the second amended complaint. Michael Kimzey and Steve Hendley are DISMISSED from these counts under Rule 12(b)(6), Fed. R. Civ. P. These dismissals are wi th prejudice and without leave to amend. In all other respects, the motions are DENIED. The claims against Kimzey and Hendley that survive this order are the relator's claims alleged in counts two, three, four, five, seven, nine, ten, eleven and twelve. Signed by Honorable Stephen P. Friot on 10/8/2020. (llg)
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