Barbetta v. DaVita, Inc. et al

Filing 79

ORDER granting 78 Motion to Dismiss Certain Claims. The Non-Settling Plaintiff States are hereby DISMISSED WITH PREJUDICE. Each party shall pay its own attorney's fees and costs. By Judge William J. Martinez on 1/15/2015. (alowe)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge William J. Martínez Civil Case No. 09-cv-2175-WJM-KMT UNITED STATES OF AMERICA, and the States of CALIFORNIA, COLORADO, CONNECTICUT, FLORIDA, GEORGIA, ILLINOIS, INDIANA, IOWA, LOUISIANA, MARYLAND, MICHIGAN, NEVADA, NEW YORK, NORTH CAROLINA, OKLAHOMA, TENNESSEE, TEXAS, VIRGINIA, WISCONSIN, and DAVID BARBETTA, ex rel. Plaintiffs, v. DAVITA, INC., and TOTAL RENAL CARE, INC., Defendants. ORDER GRANTING UNOPPOSED MOTION TO DISMISS CERTAIN CLAIMS This matter comes before the Court on the unopposed named Plaintiff states of Connecticut, Georgia, Illinois, Indiana, Iowa, Louisiana, Maryland, Michigan, Nevada, new York, North Carolina, Oklahoma, Tennessee, Texas, Virginia, and Wisconsin (“Non-Settling Plaintiff States”) Motion to Dismiss, filed January 13, 2015 (ECF No. 78). The Court having reviewed the Motion and being fully advised hereby ORDERS as follows: The Non-Settling Plaintiff States’ Motion to Dismiss is GRANTED. The NonSettling Plaintiff States are hereby DISMISSED WITH PREJUDICE. Each party shall pay its own attorney’s fees and costs. Dated this 15th day of January, 2015. BY THE COURT: _______________________ William J. Martínez United States District Judge 2

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