United States of America et al v. Health First, Inc. et al

Filing 62

ORDER denying as moot Doc 45 motion to dismiss. Signed by Judge Roy B. Dalton, Jr. on 10/2/2015. (SN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

UNITED STATES OF AMERICA; and
STATE OF FLORIDA ex rel. JOHN DOE
Plaintiffs,
v.

Case No. 6:14-cv-501-Orl-37DAB

HEALTH FIRST, INC.; HEALTH FIRST
HEALTH PLANS INC.; HEALTH FIRST
MEDICAL GROUP; MELBOURNE
INTERNAL MEDICINE ASSOCIATES, P.A.;
HOLMES REGIONAL MEDICAL CENTER;
PALM BAY HOSPITAL; CAPE CANAVERAL
HOSPITAL; VIERA HOSPITAL; MELBOURNE
SAME DAY SURGERY CENTER; and
MELBOURNE GI CENTER,
Defendants.
ORDER
This cause is before the Court on the following:
1.

Defendants’ Joint Motion to Dismiss Complaint and Incorporated
Memorandum of Law (Doc. 45), filed August 10, 2015; and

2.

Plaintiff’s Amended Complaint for Damages and Other Relief Under the Qui
Tam Provisions of the Federal False Claims Act [31 U.S.C. § 3729 et. seq.]
and the Florida False Claims Act [Fla. Stat. § 68.081 et. seq.] (Doc. 61),
filed October 1, 2015.

Plaintiffs’ qui tam complaint sought recovery under the federal False Claims Act
and the Florida False Claims Act (Doc. 1.) Defendants moved to dismiss the initial
complaint. (Doc. 45 (“Motion”).) Thereafter, Plaintiffs filed an Amended Complaint (Doc.

61), which is now the operative pleading. The pending Motion to Dismiss is now moot.
Accordingly, it is hereby ORDERED AND ADJUDGED that Defendants’ Joint
Motion to Dismiss Complaint and Incorporated Memorandum of Law (Doc. 45) is DENIED
AS MOOT with leave to reassert.
DONE AND ORDERED in Chambers in Orlando, Florida, on October 2, 2015.

Copies:
Counsel of Record

2