MERITAIN HEALTH, INC. v. EXPRESS SCRIPTS, INC.

Filing 32

ORDER THAT THE MOTION TO DISMISS OR ALTERNATIVELY TO TRANSFER, IS GRANTED IN PARTY AND DENIED IN PART. IT IS GRANTED WITH RESPECT TO THE DEFENDANTS REQUEST TO TRANSFER THIS ACTION TO THE EASTERN DISTRICT OF MISSOURI AND DENIED AS MOOT WITH RESPECT TO THE REQUEST TO DISMISS FOR FAILING TO JOIN AN INDISPENSABLE PARTY AND FOR LACK OF STANDING. IT IS FURTHER ORDER THAT THIS CASE SHALL BE TRANSFERRED TO THE U.S.D.C. FOR THE E.D.M.O.. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 2/13/2012. 2/13/2012 ENTERED AND COPIES MAILED AND E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MERITAIN HEALTH, INC., et al. :
:
v.
:
:
EXPRESS SCRIPTS, INC.
:

CIVIL ACTION

NO. 12-129

ORDER
AND NOW, this 13th day of February, 2012, upon
consideration of the Defendant’s Motion to Dismiss or,
Alternatively, to Transfer (Docket No. 14), the opposition
thereto (Docket No. 21), and the reply thereto (Docket No. 28),
and following a telephonic oral argument on February 10, 2012, IT
IS HEREBY ORDERED, for the reasons stated in a memorandum bearing
today’s date, that the motion is GRANTED IN PART AND DENIED IN
PART.

It is granted with respect to the defendant’s request to

transfer this action to the Eastern District of Missouri and
denied as moot with respect to the defendant’s request to dismiss
for failure to join an indispensable party and for lack of
standing.
IT IS FURTHER ORDERED that this case shall be
transferred to the United States District Court for the Eastern
District of Missouri pursuant to 28 U.S.C. § 1404(a).

BY THE COURT:
/s/Mary A. McLaughlin
MARY A. McLAUGHLIN, J.