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Foglia v. Renal Ventures Manangement, LLC

United States District Court, D. New Jersey

March 11, 2015

THOMAS FOGLIA, Plaintiff,
v.
RENAL VENTURES MANANGEMENT, LLC, Defendant.

Ross Begelman, Esq., Marc M. Orlow, Esq., Begelman & Orlow, P.C., Cherry Hill, NJ, Counsel for Relator/plaintiff

Richard J. Kravitz, Esq., Barry J. Muller, Esq., Fox Rothschild LLP, Lawrenceville, NJ, Counsel for defendant

Jordan Milowe Anger, Assistant U.S. Attorney Office of the U.S. Attorney, Newark, NJ, Counsel for the United States of America

John R. Krayniak, Assistant Attorney General State of New Jersey, Office of the Attorney General Trenton, NJ, Counsel for the State of New Jersey

Bill R. Moss, Assistant Attorney General Office of the Texas Attorney General, Austin, TX, Counsel for the State of Texas.

OPINION

NOEL L. HILLMAN, District Judge.

This matter involves a qui tam claim under the False Claims Act ("FCA"), 31 U.S.C. § 3729 et seq., arising out of allegedly fraudulent claims for Medicare funds. Presently pending before the Court is a motion for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c) filed by defendant, Renal Ventures Management, LLC. For the reasons expressed below, defendant's motion will be denied.

BACKGROUND

In brief summary, plaintiff claims that defendant violated the FCA by falsely certifying that it was in compliance with state regulations regarding quality of care, by falsely submitting claims for reimbursement for the drug Zemplar, and by reusing single-use Zemplar vials. Previously, in Foglia v. Renal Ventures Management, LLC, 830 F.Supp.2d 8 (D.N.J. 2011), the Court granted defendant's motion for judgment on the pleadings, but permitted plaintiff leave to file an amended complaint. Subsequently, in Foglia v. Renal Ventures Management, LLC, 2012 WL 4506014 (D.N.J. Sep 26, 2012), the Court granted defendant's motion to dismiss plaintiff's FCA claims in his second amended complaint, and declined to continue exercising supplemental jurisdiction over plaintiff's state law claims. Plaintiff appealed the dismissal of his FCA claims to the Third Circuit Court of Appeals, which expressly announced the Third Circuit standard for assessing FCA claims under Rule 9(b), reversed the dismissal of his "factually false" claim, and remanded the case to this Court for further proceedings. Foglia v. Renal Ventures Management, LLC, 754 F.3d 153 (3d Cir. 2014).

Defendant has moved for judgment on the pleadings on plaintiff's factually false claim. Plaintiff has opposed defendant's motion.

DISCUSSION

A. Subject Matter Jurisdiction

This Court has jurisdiction over plaintiff's federal claims under 28 U.S.C. § 1331, and the Court may exercise supplemental jurisdiction over plaintiff's related state law claim under 28 U.S.C. § 1367.[1]

B. Standard for Judgment on the Pleadings

A Rule 12(c) motion for judgment on the pleadings may be filed after the pleadings are closed. Fed.R.Civ.P. 12(c); Turbe v. Gov't of V.I., 938 F.2d 427, 428 (3d Cir. 1991). In analyzing a Rule 12(c) motion, a court applies the same legal standards as applicable ...


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