MEDICAL DIAGNOSTIC LABORATORIES, LLC v. INDEPENDENCE BLUE CROSS et al

Filing 56

ORDER THAT DEFTS' MOTIONS TO DISMISS (ECF NOS. 43 & 44) ARE GRANTED IN PART & DENIED IN PART AS FOLLOWS: GRANTED WITH RESPECT TO COUNT I; COUNT I IS DISMISSED WITH PREJUDICE; GRANTED WITH RESPECT TO COUNT II; COUNT II IS DISMISSED WITH PREJUDICE; DENIED WITH RESPECT TO COUNT III; DENIED WITH RESPECT TO COUNT IV. SIGNED BY HONORABLE GERALD J. PAPPERT ON 8/30/17. 8/31/17 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MEDICAL DIAGNOSTIC
LABORATORIES, LLC,
CIVIL ACTION
NO. 16-5855

Plaintiff,
v.
INDEPENDENCE BLUE CROSS and
LABORATORY CORPORATION OF
AMERICA HOLDINGS,
Defendants.
ORDER

AND NOW, this 30th day of August, 2017, upon consideration of the
Defendants’ Motions to Dismiss, (ECF Nos. 43 & 44), the Plaintiff’s Responses, (ECF
Nos. 47 & 48), and the Defendants’ Replies, (ECF Nos. 49 & 50), it is hereby
ORDERED that the Motions are GRANTED in part and DENIED in part as follows:
1. GRANTED with respect to Count I; Count I is DISMISSED with prejudice;
2. GRANTED with respect to Count II; Count II is DISMISSED with
prejudice;
3. DENIED with respect to Count III;
4. DENIED with respect to Count IV.

BY THE COURT:
/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.