Opinion
Civil Action No. 00-737.
November 15, 2004
ORDER
AND NOW, this 15th day of November, 2004, upon consideration of Defendant Robert Blyskal's Motion to Dismiss (Doc. 82) and the Government's Response, it is hereby ORDERED that Defendant's Motion is GRANTED. The Government's Complaint against Defendant Blyskal is DISMISSED without prejudice. The Government may file an amended complaint against Defendant Blyskal within twenty (20) days of this Order. The Court's reasoning follows.
There is no need to restate the facts or background of this case, as the core analysis applicable is discussed in this Court's Opinion of September 21, 2004. Without citing any law in his Motion, Defendant Blyskal asks to be dismissed from the above-captioned action. This Court assumes that he grounds his Motion in Fed.R.Civ.P. 9(b) and 12(b)(6). To the extent that Defendant Blyskal adopts Medco Defendants arguments, this Court will apply the reasoning in its September 21, 2004, Opinion, and deny his Motion. Defendant Blyskal correctly notes, however, that the Government has not sufficiently pleaded any specifics as to how he violated the False Claims Act, 42 U.S.C. § 3729 et seq. The Government has not, therefore, met its obligations under the Federal Rules of Civil Procedure. Specifically, the Government has not sufficiently pleaded what fraudulent conduct Defendant Blyskal engaged in, and what specific sections of the False Claims Act said conduct violated. The allegations, as currently contained in the Complaint, are not sufficient to give Defendant Blyskal enough notice to muster a defense. The Court will therefore dismiss the Government's Complaint against Defendant Blyskal, without prejudice to the Government's right to amend. Should the Government wish to amend its Complaint, it must do so within twenty (20) days of this Order.
AND IT IS SO ORDERED.