UHS of Delaware, Inc. v. United Health Services, Inc.

Filing 236

ORDER (Memorandum 235 filed previously as separate docket entry) DENYING UHS Delaware's MSJ 150 , GRANTING defts' mot for partial summ jdgmt 151 as to UHS Delaware's fed & common law unfair competition claims in Cts II & IVof 2nd amended c/o 14 -3 but DENYING in all other respects, DEFERRING entry of jdgmt on Cts II & IV of 2nd amended c/o pending trial on remaining claims sub judice, & directing parties to meet & confer to develop approp schedule for further proceedings & submit jt prop pretrial/trial schedule 1/9/16 specifically id'ng length of trial or if unable to agree to submit indiv prop schedules for ct's consideration. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 12/29/16. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
UHS OF DELAWARE, INC.,
Plaintiff
v.
UNITED HEALTH SERVICES,
INC., et al.,
Defendants

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CIVIL ACTION NO. 1:12-CV-485
(Chief Judge Conner)

ORDER
AND NOW, this 29th day of December, 2016, upon consideration of the
motion (Doc. 150) for summary judgment filed by plaintiff UHS of Delaware, Inc.
(“UHS Delaware”), and the motion (Doc. 151) for partial summary judgment filed
by defendants United Health Services, Inc., United Health Services Hospitals, Inc.,
Professional Home Care, Inc., Twin Tier Home Health, Inc., Ideal Senior Living
Center, Inc., Ideal Senior Living Center Housing Corporation, Inc., Delaware Valley
Hospital, Inc., and United Medical Associates (collectively “defendants”), and for
the reasons stated in the accompanying memorandum, it is hereby ORDERED that:
1.

UHS Delaware’s motion (Doc. 150) for summary judgment is
DENIED.

2.

Defendants’ motion (Doc. 151) for partial summary judgment is
GRANTED as to UHS Delaware’s federal and common law unfair
competition claims in Counts II and IV of the second amended
complaint (Doc. 14-3) but is DENIED in all other respects.

3.

Entry of judgment on Counts II and IV of the second amended
complaint (Doc. 14-3) is DEFERRED pending trial on the remaining
claims sub judice.

4.

The parties are directed to meet and confer with the goal of developing
an appropriate schedule for further proceedings. On or before
Monday, January 9, 2017, the parties shall submit a joint proposed
pretrial and trial schedule, specifically identifying the anticipated
length of trial, to the court or, in the event the parties are unable to
agree, shall submit individual proposed schedules for the court’s
consideration.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania