Free Order - District Court of Connecticut - Connecticut

f.4,,.,,.4, , — Cage 3303-cv-00654-PCD D0cumeni6 Filed 05/19/2004 Page1of2
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E UNITED STATES DISTRICT COURT i
l DISTRICT OF CONNECTICUT veil egg up
I 5§§§éB`§§.§§§§`5§”§»§§§§éA ``````-```` X 3 W
i ex rel. KEVIN COSENS, ; L kid 2 »»M¤ ~¤ i
E Piainrirrs, ; ji Y fl //, K~ g
{ — against — : No. 3:03CV654(GLG) i
, MEMORANDUM DECISION _
i ST. FRANCIS HOSPITAL, ; y
E ROSLYN, NEW YORK, y
i Defendant. : E
l T‘‘*·‘‘‘‘*·*·‘‘*··"··‘*··*‘·“···‘·“ X
i St. Francis Hospital, one of the forty defendants in the MDL Q
S litigation, has filed a supplemental brief [Doc. # 3] in support i
{ of the Motion to Dismiss for Failure to State a Claim, which M
J emphasizes its allegedly unique situation in which 98 of the ll6 M
claims on which the Government is suing were reviewed and ?
approved for payment by a Peer Review Organization ("PRO"), a J
government contractor charged with responsibility for reviewing ii
claims to determine if they are covered by Medicare. The ;
Government has filed opposition to what it describes as this Ii
"brief/motion." A
St. Francis' argument is based on facts and documents that I
are not part of the pleadings and, therefore, are not properly U5
before the Court on a motion to dismiss. Accordingly, for this i
reason and for the reasons set forth in the Court’s Opinion of Q
May l2, 2004 in the MDL litigation, In re. Cardiac Devices Qui Q
Tam Litigation, 3:03MDl505(GLG), the Court adheres to its ruling é
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W _ , Case 3:03-cv-00654-PCD D0cument6 Filed 05/19/2004 Page20f2
Y in the MDL litigation and DENIES the Motion to Dismiss in all E
respects except that the Motion to Dismiss on Statute of
1-=1
1 Limitations grounds is GRANTED as to all common-—law claims for
` payment by mistake, unjust enrichment and recoupment, which are
based on Medicare claims filed prior to March 31, 1988.
so ORDERED.
j Date: May gz , 2004.
` Wate bury, Connecticut. y
1 ....--r 1 .
i GERARD L. Goawsr, gil
United States District Judge
IEC!


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