Doctor's Testing Center LLC II et al v. USA et al

Filing 46

ORDER denying 38 Motion to Strike ; denying 38 Motion to Dismiss; denying 40 Motion to Strike ; denying 40 Motion to Dismiss. Signed by Judge William R. Wilson, Jr on 1/12/10. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION DOCTORS TESTING CENTER, LLC II, et al. v. 4:09CV00707-WRW DEFENDANTS ORDER Pending are Defendant Pinnacle Business Solutions, Inc.'s Motion to Strike and Dismiss Improper Amended Complaint (Doc. No. 38) and Defendant Arkansas Blue Cross and Blue Shield's Motion to Strike and Dismiss Improper Amended Complaint (Doc. No. 40). Pro se Plaintiff Ron Davis has responded.1 Plaintiff Doctor's Testing LLC filed a Notice of Voluntary Dismissal,2 and is no longer a party. Both Motions to Strike the Amended Complaint are based on the fact that Plaintiffs did not ask the Court for leave before filing the Amended Complaint.3 The Motions are DENIED. This ruling in no way affects any other pending motion to dismiss. IT IS SO ORDERED this 12th day of January, 2010. PLAINTIFFS UNITED STATES OF AMERICA, et al. /s/Wm. R. Wilson, Jr. UNITED STATES DISTRICT JUDGE 1 Doc. No. 43. Doc. No. 44. Doc. Nos. 39, 41. 2 3

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