United States of America v. McKesson Corporation

1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 4 UNITED STATES OF AMERICA, et al., Case No. 19-cv-02233-DMR

Plaintiffs, ORDER ON DEFENDANT'S MOTION v. TO DISMISS

MCKESSON CORPORATION, Re: Dkt. No. 40 Defendant.

Qui tam plaintiffs and relators Carl Kelley and Michael McElligott filed this action on behalf of the United States against Defendant McKesson Corporation (“McKesson”), alleging a claim for violation of the False Claims Act (“FCA”), 31 U.S.C. § 3729 et seq. Relators amended the complaint once as of right before McKesson appeared. [Docket No. 11 (“FAC”).] McKesson now moves to dismiss the FAC under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. [Docket Nos. 40 (“Mot.”), 50 (“Reply”).] Relators timely opposed.1 [Docket No. 45 (“Opp.”).] The court held a hearing on June 23, 2020. For the reasons stated below, the motion is granted. I. BACKGROUND The following facts are alleged in the FAC or are…