Parker v. Community Carepartners, Inc.

Filing 36

ORDER denying without prejudice 27 Motion to Dismiss. Defendant shall file Answer within 14 days. Signed by District Judge Max O. Cogburn, Jr on 9/20/2016. (nvc)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION DOCKET NO. 1:14-cv-00006-MOC MEGAN PARKER, ) ) ) ) ) ) ) ) ) Plaintiff, Vs. COMMUNITY CAREPARTNERS, INC., Defendant. ORDER THIS MATTER is before the court on defendant’s Motion to Dismiss Complaint and supporting memorandum. In reviewing the motion under Rules 12(b)(6) and 9(b), Federal Rules of Civil Procedure, the court has also considered the responsive memoranda filed by plaintiff and by the government as an interested party. Finally, the court has considered defendant’s Response to the government’ Statement of Interest. Having considered defendant’s motion and reviewed the pleadings, the court determines that plaintiff has stated claims that satisfy both Rules 12(b)(6) and 9(b) for the reasons provided by plaintiff and the government and will deny the motion and direct defendant to file its Answer. Such denial is, however, without prejudice as to defendant reasserting the substantive arguments after the completion of discovery in the form of a motion for summary judgment. ORDER IT IS, THEREFORE, ORDERED that defendant’s Motion to Dismiss Complaint (#27) is DENIED without prejudice as provided herein. Defendant shall file its Answer within 14 days. Signed: September 20, 2016 -1-

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