USA ex rel Michael S. Lord v. North American Partners In Anesthesia, LLP et al

Filing 77

ORDER (memorandum filed previously as separate docket entry),NAPA defts' mot. to dismiss is GRANTED IN PART AND DENIED IN PART. NAPA defts are directed to file answer on or before 11/30/2017. (See order for details).Signed by Honorable Malachy E Mannion on 11/14/17. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA,
ex rel. MICHAEL S. LORD,

:
:

Plaintiffs

CIVIL ACTION NO. 3:13-2940
:

v
:
NAPA MANAGEMENT SERVICES
CORPORATION, NORTH AMERICAN:
PARTNERS IN ANESTHESIA
(PENNSYLVANIA), LLC, and
:
POCONO MEDICAL CENTER,
:
Defendants

(JUDGE MANNION)

ORDER
Based on the foregoing memorandum, IT IS HEREBY ORDERED
that:
1.

NAPA defendants’ motion to dismiss, (Doc. 52), relator’s claims
in his complaint, (Doc. 26), against them is GRANTED IN PART
and DENIED IN PART;

2.

NAPA defendants’ motion to partially dismiss Counts I and II
based on relator’s FCA claims regarding alleged wrongdoing
before June 2011 and after June 2013 is GRANTED, and the
claims outside of the stated dates are DISMISSED WITHOUT
PREJUDICE;

3.

NAPA defendants’ motion to partially dismiss Counts I and II
based on relator’s FCA claims regarding his Examination
Allegations and his Informed Consent Allegations is GRANTED,

and these claims are DISMISSED WITHOUT PREJUDICE;
4.

NAPA defendants’ motion to dismiss relator’s FCA claims in
Counts I and II

regarding his allegations that NAPA

anesthesiologists were not immediately available is DENIED, and
these claims will PROCEED;
5.

NAPA defendants’ motion to dismiss relator’s FCA claims in
Counts I and II regarding his allegations that NAPA
anesthesiologists pre-signed attestations is DENIED, and these
claims will PROCEED;

6.

NAPA defendants’ motion to dismiss Counts IV, V, and VI of
relator’s complaint, (Doc. 26), is DISMISSED AS MOOT;

7.

NAPA defendants are directed to file their answer to the
remaining claims against them in relator’s complaint on or before
November 30. 2017.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge

DATED: November 14, 2017
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2013 MEMORANDA\13-2940-02-Order.wpd

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