Universal Health Group v. Allstate Insurance Company

Filing 70

ORDER Adopting 62 Report and Recommendation Granting in Part and Denying in Part 31 Motion to Strike. (see image for details and dates) Signed by District Judge Victoria A Roberts. (LVer)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION UNIVERSAL HEALTH GROUP, Plaintiff(s), v. ALLSTATE INSURANCE COMPANY, Defendant(s). / ORDER ADOPTING REPORT AND RECOMMENDATION On May 12, 2010, Magistrate Judge Michael Hluchaniuk submitted a Report and Recommendation (Doc. #62) recommending that Defendant's motion to strike Plaintiff's Second Amended Complaint (Doc. #31) be GRANTED IN PART AND DENIED IN PART. Because the Court has not received objections from either party within the time frame provided for in 28 U.S.C. §636(b)(1) and Fed. R. Civ. P. 72(b)(2), the Court ADOPTS the Magistrate Judge's Report and Recommendation. Plaintiff's fraud claim is DISMISSED WITHOUT PREJUDICE, the new allegations in Plaintiff's Second Amended Complaint are STRICKEN, Defendant's motion to strike Plaintiff's defamation claim is DENIED, and Defendant's motion to strike Plaintiff's tortious interference claim is DENIED. Plaintiff has until Monday, June 21, 2010 to file a third amended complaint that does not contain allegations or claims beyond those alleged in the First Amended Complaint, with the exception of Plaintiff's new allegations regarding the notice and 1 CASE NUMBER: 09-12524 HONORABLE VICTORIA A. ROBERTS

retraction issues for its defamation claim. IT IS ORDERED.

s/Victoria A. Roberts Victoria A. Roberts United States District Judge Dated: June 4, 2010
The undersigned certifies that a copy of this document was served on the attorneys of record by electronic means or U.S. Mail on June 4, 2010. s/Linda Vertriest Deputy Clerk

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