The Government subsequently filed its complaint in intervention on August 19, 2011. The Government’s complaint in intervention asserts two additional causes of action against LB&B Defendants for common law negligent misrepresentation and fraud against the LB&B Defendants. Pending before the Court are the LB&B Defendants’ motions to dismiss both complaints, pursuant to Rules 9(b) and 12(b)(6) of the Federal Rules of Civil Procedure.1 Having carefully considered Defendants’ motions to dismiss, the responses and replies thereto, the applicable law, and the record as a whole, Defendants’ Motion to Dismiss Relators’ complaint is DENIED and Defendants’ Motion to Dismiss the Government’s complaint in intervention is GRANTED IN PART AND DENIED IN PART.

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