United States of America v. McKesson Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 UNITED STATES OF AMERICA, et al., Case No. 19-cv-02233-DMR

Plaintiffs,

ORDER ON DEFENDANT’S SECOND

v. MOTION TO DISMISS

MCKESSON CORPORATION, Re: Dkt. No. 69 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. The court previously granted McKesson’s motion to dismiss the first amended complaint. [Docket No. 63.] Relators filed a second amended complaint on September 8, 2020. [Docket No. 65 (“SAC”).] McKesson moves to dismiss the SAC. [Docket Nos. 69 (“Mot.”), 75 (“Reply”).] Relators oppose. [Docket No. 73 (“Opp.”).] The court held a hearing on December 10, 2020. For the reasons stated below, the motion is granted. I. BACKGROUND The court described the central allegations in its order…