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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?