United States of America et al. ex rel. Rebecca Miller v. Reckitt Benckiser Group PLC, Inc., et al.
| 1:2015cv00017 |
| October 17, 2023 |
| US District Court for the Western District of Virginia |
| Abingdon Office |
| Other Statutes: False Claims Act |
| 31 U.S.C. ยง 3729 False Claims Act |
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Filing
153
OPINION and ORDER VACATING 140 Order staying case and the Stay is lifted; granting 138 defendant's notice of request to resolve the pending motion to dismiss without oral argument; denying 137 plaintiff relator Miller's request for o ral argument on defendant's motion to dismiss; granting in part and denying in part 90 Motion to Dismiss Relator's Fifth Amended Complaint; the Fifth Amended Complaint is DISMISSED in its entirety without prejudice as to Defendants Reck itt Benckiser Group PLC and Reckitt Benckiser Inc. n/k/a Reckitt Benckiser, LLC.; as for the remaining defendants Count 1, 3, and 36 of the Fifth Amended Complaint are DISMISSED without prejudice; Count 28 is dismissed with prejudice; the claims unde rlying the remaining counts brought under state law are limited as described herein; plaintiff is granted leave to file a Sixth Amended Complaint if she can correct the deficiencies described herein, provided it is filed within 30 days of entry of th is Opinion and Order; and plaintiff must properly serve Defendant Reckitt Benckiser Group PLC within 60 days ofthe filing of the Sixth Amended Complaint in the event it asserts claims against the defendant. Signed by Senior Judge James P. Jones on 10/17/2023. (flc)
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