Aya Healthcare Services, Inc. et al v. AMN Healthcare, Inc.
NOTICE AND ORDER Providing Tentative Ruling RE: 15 Defendants' Motion to Dismiss. The Court tentatively grants Plaintiffs' request for judicial notice. The Court tentatively grants Defendants' motion to dismiss Plaintiffs' FACwith leave to amend. Signed by Judge Michael M. Anello on 7/13/2017.(lrf)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
AYA HEALTHCARE SERVICES, INC.,
AYA HEALTHCARE, INC.,
Case No.: 17cv205-MMA (MDD)
NOTICE AND ORDER PROVIDING
TENTATIVE RULING RE:
DEFENDANTS’ MOTION TO
AMN HEALTHCARE, INC., AMN
HEALTHCARE SERVICES, INC., AMN
SERVICES, LLC, MEDEFIS, INC., and
[Doc. No. 15]
On Friday, July 14, 2017 at 2:30 p.m., the parties in this antitrust action will appear
before the Court for a hearing on Defendants’ motion to dismiss Plaintiffs’ First
Amended Complaint (“FAC”). Doc. No. 15. In anticipation of the hearing, the Court
issues the following tentative rulings:
PLAINTIFFS’ REQUEST FOR JUDICIAL NOTICE
The Court tentatively GRANTS Plaintiffs’ request for judicial notice of Exhibits
1-4 for the sole purpose of establishing that the filings were made in AMN’s State Court
Action. Doc. No. 17-1; see In re Bare Escentuals, Inc. Sec. Litig., 745 F. Supp. 2d 1052,
1067 (N.D. Cal. 2010) (“[t]he court may take judicial notice of the existence of unrelated
court documents, although it will not take judicial notice of such documents for the truth
of the matter asserted therein.”).
DEFENDANTS’ MOTION TO DISMISS
The Court tentatively GRANTS Defendants’ motion to dismiss Plaintiffs’ FAC
with leave to amend. The Court requests the parties be prepared to discuss the following
issues at the hearing: Plaintiffs’ allegations of antitrust injury, Plaintiffs’ allegations that
the alleged subcontract agreements entered into between Defendants and rival staffing
providers unreasonably restrain trade, Plaintiffs’ contention that the Court need not
decide whether the per se, quick-look, or rule of reason analysis applies at this stage of
the proceedings, and Plaintiffs’ allegations that there is a dangerous probability that
Defendants will succeed in becoming a monopoly.
As these rulings are tentative, the Court looks forward to the oral arguments of
IT IS SO ORDERED.
Dated: July 13, 2017
HON. MICHAEL M. ANELLO
United States District Judge
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