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

Filing 25

ORDER THAT DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT IS DENIED; DEFENDANT'S REQUEST FOR ATTORNEY'S FEES IS DENIED; DEFENDANT'S REQUEST TO STRIKE PLAINTIFF'S REQUEST FOR STATUTORY DAMAGES IS GRANTED; AND DEFENDANT HAS TWENTY (20) DAYS FROM THE DATE OF THIS ORDER IN WHICH TO FILE AN ANSWER TO PLAINTIFF'S SECOND AMENDED COMPLAINT. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 2/2/15. 2/2/15 ENTERED AND COPIES E-MAILED.(ti, )

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 2nd day of February, 2015, upon consideration of Defendant AssureRx
Health, Inc. 1 (“Defendant”)’s Motion to Dismiss the Second Amended Complaint and Request
for Attorney’s Fees (Docket No. 20), Plaintiff Visual Communications, Inc. (“Plaintiff”)’s
Response in Opposition (Docket No. 21), Defendant’s Reply Brief (Docket No. 22), and
Plaintiff’s Sur-Reply Brief (Docket No. 23), it is hereby ORDERED that:
1. Defendant’s Motion to Dismiss Plaintiff’s Second Amended Complaint is DENIED;
2. Defendant’s Request for Attorney’s Fees is DENIED;
3. Defendant’s Request to strike Plaintiff’s request for statutory damages and attorney’s
fees in the “Wherefore” Clause of the Second Amended Complaint is GRANTED;
and
4. Defendant has twenty (20) days from the date of this Order in which to file an
Answer to Plaintiff’s Second Amended Complaint.
It is so ORDERED.
BY THE COURT:
s/ Ronald L. Buckwalter __ ___
RONALD L. BUCKWALTER, S.J.
1

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