BATES, et al., v. DENTSPLY INTERNATIONAL, INC., et al.,

Filing 68

ORDERED THAT THE MOTION OF DEFENDANT DENTSPLY INTERNATIONAL INC. TO DISMISS THE SECOND AMENDED FALSE CLAIMS ACT COMPLAINT FOR FAILURE TO STATE A CLAIM (DOC. 61 ) IS GRANTED IN PART AND DENIED IN PART. THE MTOION TO DISMISS COUNTS III THROUGH XXVI AN D COUNTS XXVIII THROUGH XXXVII IS GRANTED FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED. THE MOTION TO DISMISS COUNTS I, II, XXVII IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 9/4/2014. 9/5/2014 ENTERED AND COPIES E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA
ex rel. SHAWN BATES et al.
v.
DENTSPLY INTERNATIONAL, INC.

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CIVIL ACTION

NO. 12-7199

ORDER
AND NOW, this 4th day of September, 2014, for the
reasons set forth in the accompanying Memorandum, it is hereby
ORDERED that:
(1)

the motion of defendant Dentsply International

Inc. to dismiss the second amended False Claims Act complaint for
failure to state a claim (Doc. #61) is GRANTED in part and DENIED
in part;
(2) the motion to dismiss Counts III through XXVI and
Counts XXVIII through XXXVII is GRANTED for failure to state a
claim upon which relief can be granted; and
(3)

the motion to dismiss Counts I, II, and XXVII is

DENIED.
BY THE COURT:

/s/ Harvey Bartle III
J.