Humana, Inc. v. Ameritox, LLC

MEMORANDUM ORDER

Thomas D. Schroeder, District Judge

In this action to recover for alleged ov-erbilling for medical procedures, Defendant Ameritox, LLC moves to dismiss all claims. (Doc. 8.) The motion has been fully briefed and is ready for decision. For the reasons set forth below, the motion will be granted in part and denied in part.

I. BACKGROUND

Plaintiff Humana, Inc., filed suit against Ameritox on July 28, 2016, alleging a scheme to defraud Humana and the health and welfare benefit plans that it administers as a fiduciary under the Employee *673Retirement Income Security Act of 1974…