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BAILEY v. MUTUAL OF OMAHA INS. CO.

Civil Action No. 06-2144 (RCL).

534 F.Supp.2d 43 (2008)

Louise BAILEY, Individually and on Behalf of All Other Similarly Situated Medicare Part B Beneficiaries, Plaintiff, v. MUTUAL OF OMAHA INSURANCE COMPANY, et al., Defendants.

United States District Court, District of Columbia.

February 8, 2008.

Attorney(s) appearing for the Case

Thomas C. Fox, Reed Smith L LP, Washington, DC, for Plaintiff.

Peter Robbins, U.S. Department of Justice, Washington, DC, for Defendants.

MEMORANDUM OPINION

ROYCE C. LAMBERTH, District Judge.

This matter comes before the Court on, defendants' motion [18] to dismiss and plaintiff Louise Bailey's motion [23] for summary judgment. Specifically, defendants argue that the amended complaint [8] should be dismissed pursuant to Federal Rule of Civil Procedure 12(b)(1) because the Court lacks jurisdiction to adjudicate plaintiffs claims and pursuant to Rule 12(b)(6) because plaintiff has failed...

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