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)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
DOCKET NO. 1:14-cv-00006-MOC
MEGAN PARKER,

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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

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