ERIC A. SHORE, P.C. v. INDEPENDENCE BLUE CROSS et al

Filing 15

ORDER THAT PLAINTIFF'S MOTION TO REMAND IS DENIED. DEFENDANT'S MOTION TO DISMISS IS GRANTED AS TO COUNTS I, III, IV, AND VII. DEFENDANT'S MOTION TO DISMISS IS DENIED AS TO COUNTS II, V, AND VI. PLAINTIFF MAY, AT ITS OPTION, FILED AN AMENDED COMPLAINT TO RESTATE THE SURVIVING CLAIMS, ETC. SIGNED BY HONORABLE GERALD A. MCHUGH ON 11/17/16. 11/18/16 ENTERED AND COPIES E-MAILED.(ti, )

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

ERIC A. SHORE, P.C.,

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Plaintiff,
v.
INDEPENDENCE BLUE CROSS
and
INDEPENDENCE HEALTH GROUP,
Defendants.

CIVIL ACTION
No. 16-5224

ORDER
This 17th

day of November, 2016, it is hereby ORDERED that Plaintiff’s Motion to

Remand is DENIED. Defendant’s Motion to Dismiss is GRANTED as to Counts I, III, IV, and
VII. Defendant’s Motion to Dismiss is DENIED as to Counts II, V, and VI.
Plaintiff may, at its option, filed an Amended Complaint to restate the surviving claims, and
shall give notice to Defendant whether it chooses to exercise this option, with Defendant to
answer accordingly.

/s/ Gerald Austin McHugh
United States District Judge

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