MRO CORPORATION v. HUMANA, INC.

Filing 86

MEMORANDUM AND ORDER THAT MRO'S MOTION IS DISMISSED AS MOOT TO THE EXTENT THAT MRO HAS MOVED TO PRECLUDE HUMANA FROM ASSERTING ITS SIXTEENTH AFFIRMATIVE DEFENSE. MRO'S MOTION IS DENIED TO THE EXTENT THAT MRO HAS MOVED TO PRECLUDE HUMANA FROM ASSERTING ITS FOURTEENTH AFFIRMATIVE DEFENSE. HUMANA'S MOTION IS DENIED. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 6/5/19. 6/6/19 ENTERED AND COPIES E-MAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MRO CORPORATION,
Plaintiff,

CIVIL ACTION NO. 16-2881

v.
HUMANA INC.,
Defendant.
ORDER
AND NOW, this 5th day of June 2019, upon consideration of MRO Corporation’s
Motion for Partial Summary Judgment [Doc. No. 76], Humana Inc.’s Motion for Summary
Judgment [Doc. No. 77], and the responses thereto, and for the reasons stated in the
accompanying Memorandum Opinion, it is hereby ORDERED as follows:
1.

MRO’s Motion is DISMISSED AS MOOT, to the extent that MRO has moved
to preclude Humana from asserting its sixteenth affirmative defense. 1

2.

MRO’s Motion is DENIED, to the extent that MRO has moved to preclude
Humana from asserting its fourteenth affirmative defense.

3.

Humana’s Motion is DENIED.

It is so ORDERED.
BY THE COURT:
/s/ Cynthia M. Rufe
_____________________________
CYNTHIA M. RUFE, J.

1

As provided in the accompanying memorandum opinion, Humana responded that it will withdraw its sixteenth
affirmative defense. Humana Inc.’s Resp. in Opp’n to MRO’s Mot. for Partial Summ. J. [Doc. No. 80] at 1.