United States of America et al v. Lincare, Inc. et al

Filing 35

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)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
NORTHERN DIVISION
UNITED STATES OF AMERICA
ex rel. STEPHANIE STRONG
BLANKENSHIP,
Plaintiff,
v.
LINCARE, INC. and LINCARE
HOLDINGS, INC.,
Defendants.

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) CIVIL ACTION NO. 2:19-00104-KD-N
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ORDER

After due and proper consideration of the issues raised, and a de novo determination of those
portions of the recommendation to which objection (Doc. 34) is made, the Report and
Recommendation of the Magistrate Judge (Doc. 33) made under 28 U.S.C. § 636(b)(1)(B)-(C),
Federal Rule of Civil Procedure 72(b), and S.D. Ala. GenLR 72(a)(2)(S), and dated January 29,
2021, is ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED as follows:
1) that the motion to dismiss the amended complaint under Federal Rule of Civil Procedure
12(b)(6) (Doc. 25) filed by Defendant Lincare, Inc. is GRANTED as to Counts I and II, is
also GRANTED as to denial of further leave to amend Counts I and II, and is DENIED as to
Count III;
2) that Relator Blankenship’s request for leave to further amend her complaint, embedded
within her response brief, is DENIED; and
3) that Counts I and II are DISMISSED under Rule 12(b)(6) with prejudice as to Relator
Blankenship, but without prejudice as to the United States.
DONE and ORDERED this the 18th day of February 2021.
s/ Kristi K. DuBose
KRISTI K. DuBOSE
CHIEF UNITED STATES DISTRICT JUDGE