United States Ex Rel. Hixson v. Health Management Systems, Inc.

ORDER

JOHN A. JARVEY, District Judge.

This matter comes before the court pursuant to Defendants’ March 27, 2009 Motion to Dismiss [Dkt. 28], as supplemented on June 16, 2009 [Dkt. 48]. Relators resisted Defendants’ Motion to Dismiss on July 10, 2009 [Dkt. 54]. Defendants submitted a reply brief on July 28, 2009 [Dkt. 63]. Defendants’ Motion to Dismiss is granted.

I. MOTION TO DISMISS — THE LEGAL STANDARD

To survive a motion to dismiss, a complaint must allege facts that, accepted as true, “ ‘state a claim to relief that is plausible on its face.’ ” Ashcroft v. Iqbal, — U.S. -, 129 S.Ct. 1937,…