Clinmicro Immunology Center, LLC v. Primemed, P.C. et al

Filing 26

ORDER, Motions terminated: 10 MOTION to Dismiss filed by Primemed, P.C., Joan Salijko. IT IS HEREBY ORDERED that Defendants PrimeMed, P.C., and Joan Salijkos Motion to Dismiss ClinMicro Immunology Center, LLCs Complaint (Doc. 10) is GRANTED in part and DENIED in part.(1)Defendants motion to dismiss the fraudulent inducement claim, Count V, and the duty of good faith and fair dealing claim, Count XII, is GRANTED. Counts V and XII are dismissed with prejudice.(2)Defendants motion to dis miss the tortious interference with contracts claims, Counts VI and VII, is GRANTED. The tortious interference with contracts claims are dismissed. Plaintiff has twenty-one (21) days from the date of entry of this Order to amend its complaint to pr operly plead its tortious interference with contract claims; otherwise, the claims will be dismissed with prejudice. (3)Defendants motion to dismiss Plaintiffs claims for breach of the Laboratory Services Agreement, Count II, conversion, Count VIII, accounting, Count IX, and civil conspiracy, Count X, is DENIED.Signed by Honorable A. Richard Caputo on 7/23/12. (jam, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
CLINMICRO IMMUNOLOGY CENTER,
LLC,

CIVIL ACTION NO. 3:11-02213
Plaintiff,
(JUDGE CAPUTO)

v.
PRIMEMED, P.C., and JOAN SALIJKO,
Defendants.
ORDER

NOW, this 23rd day of July, 2012, IT IS HEREBY ORDERED that Defendants
PrimeMed, P.C., and Joan Salijko’s Motion to Dismiss ClinMicro Immunology Center,
LLC’s Complaint (Doc. 10) is GRANTED in part and DENIED in part.
(1)

Defendants’ motion to dismiss the fraudulent inducement claim, Count V,
and the duty of good faith and fair dealing claim, Count XII, is GRANTED.
Counts V and XII are dismissed with prejudice.

(2)

Defendants’ motion to dismiss the tortious interference with contracts
claims, Counts VI and VII, is GRANTED. The tortious interference with
contracts claims are dismissed. Plaintiff has twenty-one (21) days from
the date of entry of this Order to amend its complaint to properly plead its
tortious interference with contract claims; otherwise, the claims will be
dismissed with prejudice.

(3)

Defendants’ motion to dismiss Plaintiff’s claims for breach of the
Laboratory Services Agreement, Count II, conversion, Count VIII,
accounting, Count IX, and civil conspiracy, Count X, is DENIED.

/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge