Fowler et al v. Evercare Hospice, Inc. et al

Filing 87

MINUTE ORDER. ORDERED that defendants' Motion to Dismiss Relators' Amended Qui Tam Complaint #68 is DENIED as moot by Judge Philip A. Brimmer on 02/25/15.(jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer

Civil Action No. 11-cv-00642-PAB-BNB
(Consolidated with Civil Action No. 14-cv-01647-PAB)
Civil Action No. 11-cv-00642-PAB-BNB
UNITED STATES OF AMERICA ex rel. TERRY LEE FOWLER and LYSSA TOWL,
Plaintiff,
v.
EVERCARE HOSPICE, INC., a Delaware corporation,
OVATIONS, INC., a Delaware corporation,
OPTUMHEALTH, LLC, a Delaware limited liability corporation,
UNITED HEALTHCARE SERVICES, INC., a Minnesota corporation, and
UNITED HEALTH GROUP, INC., a Minnesota corporation,
Defendants.
Civil Action No. 14-cv-01647-PAB
UNITED STATES OF AMERICA ex rel. SHARLENE RICE,
Plaintiff,
v.
EVERCARE HOSPICE, INC.,
Defendant.

MINUTE ORDER
Entered by Judge Philip A. Brimmer
This matter is before the Court on defendants’ Motion to Dismiss Relators’
Amended Qui Tam Complaint [Docket No. 68]. On February 24, 2015, plaintiffs filed
the Second Amended Qui Tam Complaint [Docket No. 86] pursuant to the Minute Order
[Docket No. 85] granting Plaintiffs’ Motion for Leave to Amend Complaint [Docket No.
80]. Thus, the Motion to Dismiss [Docket No. 68] is directed to an inoperative,
superseded pleading. See, e.g., Gilles v. United States, 906 F.2d 1386, 1389 (10th Cir.

1990) (“a pleading that has been amended under Rule 15(a) supersedes the pleading it
modifies”) (internal quotation marks omitted). As such, the motion to dismiss is moot. It
is
ORDERED that defendants’ Motion to Dismiss Relators’ Amended Qui Tam
Complaint [Docket No. 68] is DENIED as moot.
DATED February 25, 2015.

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