United States v. Royal Geropsychiatric Services, Inc.

OPINION AND ORDER

GWIN, District Judge.

On May 13, 1997, the plaintiff and third-party defendants 1 filed a motion to dismiss the counterclaim and third-party complaint [Doc. 18]. The government brought the underlying action under the False Claims Act to recover damages and penalties from the defendants for their alleged submission of false reimbursement claims with Part B of the Medicare Program, the state of Ohio Medicaid Program, and the federal Railroad Retirement Board Medicare Program.

Movants seek to dismiss the counterclaim for lack of subject matter jurisdiction and for failure to state…