INSYTE MEDICAL TECHNOLOGIES, INC. v. LIGHTHOUSE IMAGING, LLC

Filing 15

ORDER THAT DEFT'S MOTION TO DISMISS IS GRANTED. COUNTS I, II, IV, & V OF THE COMPLAINT ARE DISMISSED. PLFF'S CLAIM FOR BREACH OF CONTRACT (COUNT III), NOT AT ISSUE IN THIS MOTION TO DISMISS, SHALL PROCEED, ETC. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 3/11/14. 3/12/14 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
INSYTE MEDICAL
TECHNOLOGIES, INC.
v.
LIGHTHOUSE IMAGING, LLC

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CIVIL ACTION

NO. 13-1375

ORDER
AND NOW, this 11th day of March, 2014, upon
consideration of the defendant’s Motion to Dismiss Counts I, II,
IV and V of the Plaintiff’s Complaint (Docket No. 3), and the
opposition and reply thereto, IT IS HEREBY ORDERED, for the
reasons stated in a memorandum of law bearing today’s date, that
the defendant’s motion is GRANTED.
the complaint are dismissed.

Counts I, II, IV, and V of

The plaintiff’s claim for breach

of contract (Count III), not at issue in this motion to dismiss,
shall proceed.

If the plaintiff concludes, as a result of

ongoing discovery into the breach of contract claim, that
additional facts exist that support the dismissed claims, it may
file an amended complaint prior to the close of discovery.

BY THE COURT:

/s/ Mary A. McLaughlin
MARY A. McLAUGHLIN, J.