NOTORFRANSESCO v. SURGICAL MONITORING ASSOCIATES, INC. et al

Filing 48

ORDER THAT DEFENDANTS' MOTION TO DISMISS IS DENIED IN PART AND GRANTED IN PART AS OUTLINED HEREIN. SIGNED BY CHIEF JUDGE PETRESE B. TUCKER ON 9/2/2014. 9/3/2014 ENTERED AND COPIES E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA ex rel.
LORRAINE NOTORFRANSESCO
Plaintiff-Relator,
v.
SURGICAL MONITORING ASSOC.,
INC. AND SPECIALTYCARE, INC., et al.
Defendants.

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CIVIL ACTION
NO. 09-1703

ORDER
AND NOW, this _2nd__ day of September, 2014, upon consideration of Defendants’ Motion to
Dismiss Plaintiff’s First Amended Qui Tam Complaint (Doc. 37), Plaintiff’s Response (Doc. 41),
Defendants’ Reply (Doc. 44), and all Supplemental Authority, IT IS HEREBY ORDERED AND
DECREED that Defendants’ Motion to Dismiss is DENIED IN PART AND GRANTED IN PART as
follows:

1. With respect to Defendant SpecialtyCare, Inc., Defendants’ Motion is GRANTED in its
entirety. All claims against Defendant SpecialtyCare, Inc. shall be dismissed.

2. With respect to Defendant Surgical Monitoring Associates, Defendants’ Motion is DENIED
with respect to Counts I, II, III, IV, and VI of Plaintiff’s Amended Complaint and
GRANTED with respect to Count V of Plaintiff’s Amended Complaint.

BY THE COURT:

/s/ Petrese B. Tucker
____________________________
Hon. Petrese B. Tucker, C.J.

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