KNOX v. HERMAN GEREL, LLP et al

Filing 44

MEMORANDUM ORDER THAT DEFENDANT UNITED HEALTHCARE INC.'S MOTIONS TO DISMISS PLAINTIFF'S COMPLAINT AND PLAINTIFF'S CROSS-CLAIM ARE GRANTED IN PART AND DENIED IN PART, AS OUTLINED HEREIN. DEFENDANT UNITED HEALTHCARE INC.'S MOTION TO DISMISS DEFENDANT HERMAN GEREL'S CROSS-CLAIM IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 6/24/2014. 6/25/2014 ENTERED AND COPIES E-MAILED, FAXED BY CHAMBERS.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

THOMAS J. KNOX

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v.
HERMAN GEREL, LLP, ET AL.

CIVIL ACTION
NO. 12-2238

ORDER
AND NOW, this 24th

day of

June

, 2014, upon consideration of Defendant

United Healthcare Inc.’s Motion to Dismiss Plaintiff’s Complaint (ECF Nos. 8 & 9), Defendant
United Healthcare Inc.’s Motion to Dismiss Plaintiff’s Cross-Claim (ECF No. 26), and
Defendant United Healthcare Inc.’s Motion to Dismiss Defendant Herman Gerel’s First
Amended Cross-Claim (ECF No. 33), and all papers submitted in support thereof and in
opposition thereto, it is ORDERED as follows:
1. Defendant United Healthcare Inc.’s Motions to Dismiss Plaintiff’s Complaint and
Plaintiff’s Cross-Claim are GRANTED in part and DENIED in part. Plaintiff
Knox’s claims for indemnification from UHI (Count Three of Plaintiff Knox’s
Complaint and Count One of Plaintiff Knox’s Cross-Claim) are DISMISSED.
Plaintiff Knox’s claim for contribution from UHI (Count Two in Plaintiff Knox’s
Cross-Claim) is DISMISSED. As to all other claims in Plaintiff’s Complaint and
Plaintiff’s Cross-Claim, UHI’s Motions to Dismiss are DENIED.
2. Defendant United Healthcare Inc.’s Motion to Dismiss Defendant Herman Gerel’s
Cross-Claim is GRANTED in part and DENIED in part. Herman Gerel’s claims for
quantum meruit (Count Three of Defendant Herman Gerel’s Cross-Claim) and unjust
enrichment (Count Four of Defendant Herman Gerel’s Cross-Claim) are

DISMISSED. As to all other claims in Herman Gerel’s Cross-Claim, UHI’s Motion
to Dismiss is DENIED.
IT IS SO ORDERED.
BY THE COURT:

/s/ R. BARCLAY SURRICK, J.