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14-8525 - Myers v. America's Disabled Homebound, Inc. et al


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14-8525 - Myers v. America's Disabled Homebound, Inc. et al
March 22, 2018
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MEMORANDUM Opinion and Order:For the foregoing reasons, Defendants' motions to dismiss, R. 38; R. 41; R. 44;R. 49, are denied with respect to Counts I and II based on Myers's claims about false homebound certifications. The motions are also denied with respect to Count IV to the extent it is based on Myers's theory of being required to falsely claim that she treated patients for longer than she actually did. The motions are granted with respect to Count III; Counts I and Io set a discovery schedule. Status hearing set for 4/4/2018 at 09:00 AM. Signed by the Honorable Thomas M. Durkin on 3/22/2018:Mailed notice(srn, )I to the extent they are based on "up-coding"; and Count IV to the extent it is based on Myers's "double enrollment" theory of liability. Count III is dismissed with prejudice. The alternative theories of liability for Counts I, II, and IV are dismissed without prejudice. If Myers believes she can cure the deficiencies the Court has identified with these theories she may file a motion for leave to replead by Monday, April 2, 2018 (which should be noticed for April 4), supported by a brief of no more than five pages, and attaching the proposed amended allegations. Defendants should not responded unless the Court so orders. A status hearing is set for Wednesday, April 4, 2018, at which the parties should be prepared t