ESIS, INC. v. COVENTRY HEALTH CARE WORKERS COMPENSATION, INC.

Filing 41

ORDER THAT THE MOTION TO DISMISS CONCENTRA INTEGRATED SERVICES, INC.'S SECOND AMENDED THIRD PARTY COMPLAINT IS GRANTED. THE SECOND AMENDED THIRD PARTY COMPLAINT IS DISMISSED WITH PREJUDICE. THIRD PARTY DEFENDANTS AETNA, INC. AND AETNA WORKERS COMP ACCESS LLC ARE DISMISSED FROM THE CASE AND SHALL BE REMOVED FROM THE CAPTION; ETC.. SIGNED BY HONORABLE JAN E. DUBOIS ON 3/9/16. 3/10/16 ENTERED AND E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ESIS, INC.,

CIVIL ACTION
Plaintiff,
v.

COVENTRY HEALTH CARE WORKERS
COMPENSATION, INC.,
Defendant.

NO. 13-2957

ESIS, INC.,
Plaintiff,

CIVIL ACTION

v.
CONCENTRA INTEGRATED SERVICES,
INC.,
Defendant/Third Party Plaintiff,

NO. 13-2998

v.
AETNA, INC., and
AETNA WORKERS’ COMP ACCESS,
LLC,
Third Party Defendants.
ORDER
AND NOW, this 9th day of March, 2016, upon consideration of Aetna Inc. and Aetna
Workers Comp Access LLC’s Motion to Dismiss Concentra Integrated Services, Inc.’s Second
Amended Third Party Complaint (Doc. No. 61, filed January 25, 2016), Concentra Integrated
Services, Inc.’s Brief in Opposition to Motion to Dismiss Second Amended Third Party
Complaint by Aetna Inc. and Aetna Workers’ Comp Access LLC (Doc. No. 63, filed February
18, 2016), Aetna Inc. and Aetna Workers’ Comp Access LLC’s Reply in Further Support of
Motion to Dismiss Concentra Integrated Services, Inc.’s Second Amended Third Party
Complaint (Doc. No. 68, filed February 29, 2016), and Concentra’s Sur Reply in Further Support

of its Opposition to Aetna Inc. and Aetna Workers’ Comp Access, LLC’s Motion to Dismiss
Second Amended Complaint (Doc. No. 69, filed March 8, 2016), for the reasons set forth in the
accompanying Memorandum dated March 9, 2016, IT IS ORDERED as follows:
1.

The Motion to Dismiss Concentra Integrated Services, Inc.’s Second Amended

Third Party Complaint is GRANTED;
2.

The Second Amended Third Party Complaint is DISMISSED WITH

PREJUDICE. This dismissal is without prejudice to Concentra’s right to pursue these claims
against the Aetna defendants in arbitration;
3.

Third-party defendants Aetna, Inc., and Aetna Workers’ Comp Access LLC are

DISMISSED from the case and shall be REMOVED from the caption.
IT IS FURTHER ORDERED that, in light of the Court’s dismissal of all claims against
the Aetna defendants with prejudice, the Joint Motion to Extend Dates of Fourth Amended
Scheduling Order (Doc. No. 38 in 15-2957, filed February 26, 2016; Doc. No. 65 in 15-2998,
filed March 1, 2016) is DENIED. On or before March 16, 2016, the remaining parties in the
consolidated actions SHALL submit to the Court (Chambers, Room 12613) a proposed Fifth
Amended Scheduling Order for the Court’s approval.
BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.