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United States of America, Ex Rel. Sharman v. Family Healthcare Network; Harry L. Foster; Tony M. Weber; and

December 29, 2010

UNITED STATES OF AMERICA, EX REL. SHARMAN WOOD, PLAINTIFFS,
v.
FAMILY HEALTHCARE NETWORK; HARRY L. FOSTER; TONY M. WEBER; AND DOES 1 THROUGH 50, DEFENDANTS.



The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER DENYING MOTION TO DISMISS

Defendants Family Healthcare Network, Harry L. Foster, and Tony M. Weber filed a motion to dismiss the First Amended Complaint on August 27, 2010. (Docket No. 58).

Plaintiff-Relator Sharman Wood filed an opposition to the motion to dismiss on October 15, 2010. (Docket No. 63). Defendants filed a reply on October 25, 2010. (Docket No. 64).

The Court heard argument on the motion on November 1, 2010.

John S. Pierce, Esq., appeared on behalf of Defendants. Michael

A. Hirst, Esq., appeared on behalf of Plaintiff-Relator.

Upon consideration of the briefs and argument, and good cause appearing therefor, the Court now rules as follows:

1. The motion to dismiss is DENIED in its entirety for the reasons set forth in the Court's Memorandum Decision Regarding Motion to Dismiss (Docket No. 67);

2. Defendants shall answer the First Amended Complaint within 14 days following electronic service of this Order by the clerk.

IT IS SO ORDERED.

DATED: December 29, 2010

20101229

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