VISUAL COMMUNICATIONS, INC. v. ASSUREX HEALTH, INC.

Filing 18

MEMORANDUM AND ORDER THAT COUNT ONE OF PLAINTIFF'S AMENDED COMPLAINT IS DISMISSED WITHOUT PREJUDICE; AND COUNTS TWO AND THREE OF PLAINTIFF'S AMENDED COMPLAINT ARE DISMISSED WITH PREJUDICE. PLAINTIFF HAS TWENTY (20) DAYS IN WHICH TO FILE A SECOND AMENDED COMPLAINT. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 9/18/14. 9/19/14 ENTERED & E-MAILED.(fdc)

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

VISUAL COMMUNICATIONS, INC.
Plaintiff,
v.
ASSUREX HEALTH, INC.,
Defendants.

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CIVIL ACTION

NO. 14-3854

ORDER
AND NOW, this 18th day of September, 2014, upon consideration of Defendant
AssureRx Health, Inc. 1 (“Defendant”)’s Motion to Dismiss and Request for Attorney’s Fees
(Docket No. 9), Plaintiff Visual Communications, Inc. (“Plaintiff”)’s Response in Opposition
(Docket No. 13), Defendant’s Reply Brief (Docket No. 14), Plaintiff’s Sur-Reply Brief (Docket
No. 15), and Defendant’s Response to Plaintiff’s Sur-Reply (Docket No. 16), it is hereby
ORDERED that:
1. Count One of Plaintiff’s Amended Complaint is DISMISSED WITHOUT
PREJUDICE; and
2. Counts Two and Three of Plaintiff’s Amended Complaint are DISMISSED WITH
PREJUDICE.
3. Plaintiff has twenty (20) days in which to file a Second Amended Complaint.
It is so ORDERED.
BY THE COURT:

s/ Ronald L. Buckwalter
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RONALD L. BUCKWALTER, S.J.
1

Plaintiff incorrectly captioned Defendant in his Complaint as “Assurex Health, Inc.”