Doe v. Commonwealth Of Pennsylvania et al

Filing 53

ORDER (memorandum filed previously as separate docket entry) - it is hereby ORDERED that the motions (Doc. 26, 39) to dismiss are GRANTED in part and DENIED in part. SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Christopher C. Conner on 3/31/2021. (mw)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA JOHN DOE, Plaintiff v. COMMONWEALTH OF PENNSYLVANIA, et al., Defendants : : : : : : : : : : CIVIL ACTION NO. 1:19-CV-2193 (Judge Conner) ORDER AND NOW, this 31st day of March, 2021, upon consideration of the motions (Docs. 26, 39) to dismiss plaintiff John Doe’s amended complaint (Doc. 25), filed by defendants Highmark Health Insurance1 and the Commonwealth of Pennsylvania and its Department of Human Services, and the parties’ respective briefs in support of and opposition to said motion, and for the reasons set forth in the accompanying memorandum, it is hereby ORDERED that: 1. The motions (Doc. 26, 39) to dismiss are GRANTED in part and DENIED in part as follows: a. b. Highmark’s motion (Doc. 26) is DENIED as to Counts VIII and IX. c. 1 Highmark’s motion (Doc. 26) is GRANTED with prejudice as to Counts I, II, III, and V. Commonwealth defendants’ motion (Doc. 39) is GRANTED as to Counts III, V, XIII, and XIV. Named insurance defendants include Highmark Health Insurance Company; HM Health Insurance Company; Highmark Health; Highmark, Inc.; Highmark Blue Cross Blue Shield; and/or Highmark (collectively, “Highmark”). (See Doc. 25 ¶ 14). d. 2. Commonwealth defendants’ motion (Doc. 39) is GRANTED without prejudice to Doe’s right to amend as to Counts I, II, VII, VIII, and IX. Doe’s deadline for filing a second amended complaint is DEFERRED pending service on the Pennsylvania Employees Benefit Trust Fund defendants. Doe may file an omnibus amended complaint consistent with the accompanying memorandum and this order within 14 days of service upon the remaining defendants. /S/ CHRISTOPHER C. CONNER Christopher C. Conner United States District Judge Middle District of Pennsylvania

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