Ellzey v. Catholic Charities Archdiocese of New Orleans

Filing 16

ORDER and REASONS granting in part and denying in part 12 Motion to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Upon Which Relief May Be Granted as stated within document. Signed by Judge Kurt D. Engelhardt on 5/11/2012. (cab)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
UNITED STATES EX REL.
SHARON ELLZEY

CIVIL ACTION

VERSUS

NO. 10-900

CATHOLIC CHARITIES
ARCHDIOCESE OF NEW ORLEANS

SECTION “N” (3)

ORDER AND REASONS
Having considered Plaintiff’s opposition memorandum (Rec. Doc. 14) as to
Defendant’s motions to dismiss (Rec. Doc. 12), IT IS ORDERED that, on the showing made,
Defendant’s motion to dismiss is GRANTED to the extent that it seeks dismissal for lack of subject
matter jurisdiction of Plaintiff’s claim for damages pursuant to the qui tam provisions of False
Claims Act, 31 U.S.C.§§3729-3732. IT IS FURTHER ORDERED that Defendant’s motion to
dismiss is GRANTED as to Plaintiff’s retaliatory discharge claim; however, that dismissal is
WITHOUT PREJUDICE to Plaintiff’s right to amend the claim within fifteen (15) days from entry
of this Order so as to state a claim upon which relief can be granted. Any amendment must be filed
as an amending and superseding complaint.
New Orleans, Louisiana, this 11th day of May 2012.

_________________________________
KURT D. ENGELHARDT
United States District Judge