Clark v. Song Health & Rehab of Columbia, LLC et al

Filing 50

ORDER denying 18 Motion to Dismiss. The deferred portions of the Motion to Dismiss are denied. Signed by District Judge Keith Starrett on 3/29/2017 (dtj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
EASTERN DIVISION
VICTOR E. CLARK, JR.
v.

PLAINTIFF
CIVIL ACTION NO. 2:16-CV-121-KS-MTP

SONG HEALTH & REHAB OF COLUMBIA, LLC
D/B/A SONG HEALTH & REHAB OF
COLUMBIA; COVENANT DOVE, LLC; and
COVENANT DOVE HOLDING COMPANY, LLC

DEFENDANTS

ORDER
This matter is before the Court on the Motion to Dismiss Plaintiff’s Fraud Claim & All
Claims Against the Covenant Dove Defendants (“Motion to Dismiss”) [18] filed by Defendants
Covenant Dove Holding Company, LLC, Covenant Dove, LLC, and Song Health & Rehab of
Columbia, LLC. The Court previously deferred in part this motion after finding deficiencies in
Plaintiff’s fraud pleadings and gave Plaintiff two weeks to file an amended complaint that cured
these deficiencies.

Finding that the Amended Complaint [30] filed by Plaintiff meets the

requirements of Federal Rule of Civil Procedure 9(b), the Court will deny the deferred portions of
the Motion to Dismiss [18].
IT IS THEREFORE ORDERED AND ADJUDGED that the deferred portions of the
Motion to Dismiss [18] are denied.
SO ORDERED AND ADJUDGED, on this, the

29th

day of March, 2017.

s/Keith Starrett_________________
KEITH STARRETT
UNITED STATES DISTRICT JUDGE