US Ex Rel. Scott Driscoll M.D. v. Todd Spencer M.D. Med'l Grp
Opinion
Opinion
MEMORANDUM
Relator Scott H.M. Driscoll, M.D., appeals an order dismissing his first amended complaint pursuant to Federal Rule of Civil Procedure 9(b) and the denial of his motion to amend his complaint. We review de novo the dismissal of Relator’s complaint under Rule 9(b) and for abuse of discretion the denial of Relator’s motion to amend. Bly-Magee v. California, 286 F.3d 1014 , 1017 (9th Cir. 2001).
In an action alleging fraud, a plaintiff must meet a heightened pleading standard. “In alleging fraud or mistake, Rule 9(b) requires a party to state with particularity the circumstances constituting fraud or mistake, including the who, what, when, where, and how of the misconduct charged.” Ebeid ex rel. United States v. Lungwitz, 616 F.3d 993, 998 (9th Cir. 2010) (internal quotation marks and brackets omitted). But that bar is not insurmountable. The plaintiff need only “provide enough detail to give [the defendant] notice of the particular misconduct which is alleged to constitute the fraud charged so that [he] can defend against the charge and not just deny that [he has] done anything -wrong.” Id. at 999 (internal quotation marks omitted).