ROBERT W. MAUTHE, M.D., P.C. v. OPTUM, INC. et al

Filing 58

ORDER OF 7/27/2018 THAT AFTER CONSIDERING THE MOTION FOR SUMMARY JUDGMENT FILED BY THE DEFENDANTS (DOC. NO. 40), THE RESPONSE IN OPPOSITION FILED BY THE PLFF (DOC. NO. 47), THE DEFENDANTS' REPLY TO THE RESPONSE IN OPPOSITION (DOC. NO. 50), THE R ECORD PRESENTED TO THE COURT BY THE PARTIES, THE ARGUMENTS PRESENTED TO THE COURT DURING ORAL ARGUMENT; AND FOR THE REASONS SET FORTH IN THE SEPARATELY FILED MEMORANDUM OPINION; ACCORDINGLY, IT IS HEREBY ORDERED AS FOLLOWS: THE MOTION FOR SUMMARY JUD GMENT (DOC. NO. 40) IS GRANTED IN PART; SUMMARY JUDGMENT IS ENTERED IN FAVOR OF THE DEFENDANTS AND AGAINST THE PLFF ON COUNT 1 OF THE AMENDED COMPLAINT (DOC. NO. 25); COUNT II OF THE AMENDED COMPLAINT (DOC. NO. 25) IS DISMISSED WITHOUT PREJUDICE; THE CLERK OF COURT IS DIRECTED TO MARK THIS CASE CLOSED. SIGNED BY JUDGE: EDWARD G. SMITH. 7/27/2018 ENTERED AND COPIES E-MAILED. (DT)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ROBERT MAUTHE, M.D., P.C.,
Plaintiff,
v.
OPTUM, INC. and OPTUMINSIGHT, INC.,
Defendants.

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CIVIL ACTION NO. 17-1643

ORDER
AND NOW, this 27th day of July, 2018, after considering the motion for summary
judgment filed by the defendants (Doc. No. 40), the response in opposition to the motion filed by
the plaintiff (Doc. No. 47), the defendants’ reply to the response in opposition (Doc. No. 50), the
record presented to the court by the parties, the arguments presented to the court during oral
argument; and for the reasons set forth in the separately filed memorandum opinion; accordingly,
it is hereby ORDERED as follows:
1.

The motion for summary judgment (Doc. No. 40) is GRANTED IN PART.

Summary judgment is entered in favor of the defendants and against the plaintiff on Count I of
the amended complaint (Doc. No. 25);
2.

Count II of the amended complaint (Doc. No. 25) is DISMISSED WITHOUT

PREJUDICE pursuant to 28 U.S.C. § 1367(c)(3); and
3.

The clerk of court is DIRECTED to mark this case as CLOSED.

BY THE COURT:

/s/ Edward G. Smith
EDWARD G. SMITH, J.