Funding Advisors Claims Recovery, LLC et al v. Advanced Care Hospitalist, PL
ORDER denying 20 Defendant's Motion for Partial Judgment on the Pleadings and denying as moot 23 Plaintiff's Motion for Leave to Amend. Signed by Judge Sarah D. Morrison on 8/2/22. (sem)
Case: 2:21-cv-01501-SDM-KAJ Doc #: 31 Filed: 08/02/22 Page: 1 of 2 PAGEID #: 269
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
CLAIMS RECOVERY, LLC,
Case No. 2:21-cv-1501
Judge Sarah D. Morrison
Magistrate Judge Kimberly A.
This matter is before the Court for consideration of Defendant Advanced Care
Hospitalists, PL.’s (“ACH”) Motion for Partial Judgment on the Pleadings. (ECF No.
20.) Plaintiffs have opposed the Motion (ECF No. 23, 25) and seek leave to amend
their Complaint if the Court grants ACH’s motion. ACH replied (ECF No. 24) and
opposed the leave request. This matter is now ripe for consideration.
STANDARD OF REVIEW
A motion for judgment on the pleadings pursuant to Federal Rule of Civil
Procedure 12(c) is analyzed in the same manner as a motion to dismiss under Rule
12(b)(6). Tucker v. Middleburg-Legacy Place, 539 F.3d 545, 549 (6th Cir. 2008). To
overcome such a motion, “a complaint must contain sufficient factual matter,
accepted as true, to state a claim to relief that is plausible on its face.” Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009). “A claim has facial plausibility when the plaintiff
Case: 2:21-cv-01501-SDM-KAJ Doc #: 31 Filed: 08/02/22 Page: 2 of 2 PAGEID #: 270
pleads factual content that allows the court to draw the reasonable inference that
the defendant is liable for the misconduct alleged.” Id. (citing Bell Atl. Corp. v.
Twombly, 550 U.S. 544, 556 (2007)). The complaint need not contain detailed
factual allegations, but it must include more than labels, conclusions, and formulaic
recitations of the elements of a cause of action. Directv, Inc. v. Treesh, 487 F.3d 471,
476 (6th Cir. 2007). “Threadbare recitals of the elements of a cause of action,
supported by mere conclusory statements, do not suffice.” Iqbal, 556 U.S. at 678
(citing Twombly, 550 U.S. at 555). A motion for judgment on the pleadings should
be granted when there is no material issue of fact, and the moving party is entitled
to judgment as a matter of law. Tucker, 539 F.3d at 549.
All well-pled factual allegations in the Amended Complaint are accepted as
true for purposes of the Motion for Judgment on the Pleadings. See id.
Following review of the pleadings and the briefing in this case, it is clear that
there are disputed factual allegations precluding judgment on the pleadings. ACH’s
Motion for Partial Judgment on the Pleadings (ECF No. 20) is DENIED and
Plaintiffs’ Motion for Leave to Amend (ECF No. 23) is DENIED as MOOT.
IT IS SO ORDERED.
/s/ Sarah D. Morrison
SARAH D. MORRISON
UNITED STATES DISTRICT JUDGE
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