United States of America v. Cardiodx, Inc.
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 UNITED STATES OF AMERICA, et al., Case No. 15-cv-01339-WHO
8 Plaintiffs,
ORDER ON LEVISON MOTION TO
9 v. DISMISS
10 CARDIODX, INC., et al., Re: Dkt. No. 106 Defendants. 11
12 Defendant David Levison moves to dismiss the claims asserted against him in plaintiff- 13 relator Bryan Barnette’s Second Amended Complaint (SAC). The motion is GRANTED with 14 partial leave to amend. 15 BACKGROUND 16 As a relator on behalf of the United States, Bryan Barnette alleges that defendant 17 CardioDx, Inc. (Cardio) fraudulently sought reimbursement from the federally funded Medicare 18 program for medically unnecessary, excessive, and ineffective cardiovascular tests known as 19 Corus CAD tests. SAC ¶ 1. In addition, he asserts that Levison caused, or aided and abetted in 20 causing, submission of fraudulent claims for Corus CAD tests to private insurers in violation of 21 California law. Id. ¶ 2.1 Defendant Levison is alleged to be the founder, former…