AETNA INC. et al v. THE PEOPLE' CHOICE HOSPITAL, LLC et al

Filing 91

ORDER THAT THE MOTION 56 IS GRANTED IN PART. THE MOTION TO TRANSFER VENUE IS GRANTED AND TEH MOTION TO DISMISS IS DENIED AS MOOT. THIS LITIGATION IS TRANSFERRED TO THE WESTERN DISTRICT OF TEXAS. THE PEOPLE'S CHOICE HOSPITAL, LLC, PCH MANAGEMEN T NEWMAN, LLC, AND PCH LAB SERVICES, LCC'S MOTION TO DISMISS THE COMPLAINT FOR LACK OF SUBJECT-MATTER JURISDICTION AND FOR FAILURE TO STATE A CLAIM, AND MOTION TO TRANSFER VENUE 61 IS DENIED AS MOOT. DEFENDANTS DR. SETH GUTERMAN AND DAVID WANGER'S MOTION TO DISMISS 63 IS DENIED AS MOOT. SIGNED BY HONORABLE BERLE M. SCHILLER ON 3/13/18. 3/13/18 ENTERED AND COPIES E-MAILED.(ti, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA AETNA INC. and AETNA LIFE INSURANCE COMPANY, Plaintiffs, v. THE PEOPLE’S CHOICE HOSPITAL, LLC, et al., Defendants. : : : : : : : : : CIVIL ACTION No. 17-4354 ORDER AND NOW, this 13th day of March, 2018, upon consideration of Defendants’ Motion to Dismiss Plaintiffs’ Complaint for Lack of Personal Jurisdiction, Improper Venue, Failure to State a Claim Upon Which Relief Can Be Granted, and Failure to Join a Necessary Party, or in the Alternative, Motion to Transfer Under 28 U.S.C. § 1404(a), Plaintiffs’ response thereto, Defendants’ reply thereon, and for the reasons provided in this Court’s Memorandum dated March 13, 2018, it is ORDERED that: 1. The motion (Document No. 56) is GRANTED in part. The motion to transfer venue is GRANTED and the motion to dismiss is DENIED as moot. 2. This litigation is transferred to the Western District of Texas. 3. The People’s Choice Hospital, LLC, PCH Management Newman, LLC, and PCH Lab Services, LCC’s Motion to Dismiss the Complaint for Lack of Subject-Matter Jurisdiction and for Failure to State a Claim, and Motion to Transfer Venue (Document No. 61) is DENIED as moot. 4. Defendants Dr. Seth Guterman and David Wanger’s Motion to Dismiss (Document No. 63) is DENIED as moot. BY THE COURT: Berle M. Schiller, J. 2

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