LABMD, INC. v. TIVERSA HOLDING CORP. et al

Filing 185

ORDER. IT IS HEREBY ORDERED that 137 Motion to Dismiss is GRANTED as to Count II (as to Defamatory Statements 1-12, 14-15 and 17-20), Count III, Count IV, Count V, and Count VI and DENIED as to Count II (as to Defamatory Statements 13 and 16). It i s further ORDERED that Chief Magistrate Judge Kelly's 166 Report and Recommendation is ADOPTED as the opinion of this Court. IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if any party wishes to appeal from this Order, a notice of appeal, as provided in Fed. R. App. P. 3, must be filed with the Clerk of Court, United States District Court, at 700 Grant Street, Room 3110, Pittsburgh, PA 15219, within thirty (30) days. Signed by Judge Mark R. Hornak on 11/23/16. (bdb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

LABMD, INC.,
Plaintiff,
vs.

TIVERSA HOLDING CORP.formerly
known as TIVERSA, INC.; ROBERT J.
BOBACK; M:"ERIC JOHNSON; DOES
1-10,
Defendants.

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Civil Action No. 15-92
Judge Mark R. Hornak
Chief Magistrate Judge Maureen P. Kelly

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ORDER

AND NOW, this

2k~Y of f\Jouit~, 2016, after Plaintiff LabMD, Inc. filed an

Amended Complaint in the above-captioned matter (ECF No. 125) and after a Motion to Dismiss
was filed by Defendants Ti versa Holding Corp., formerly known as Ti versa, Inc. and Robert J.
Boback ("Defendants") (ECF No. 13 7), and after a Report and Recommendation was filed by
Chief United States Magistrate Judge Kelly (ECF No. 166), and upon consideration of the
Objections filed by Defendants (ECF No. 169), Plaintiffs Response in Opposition to those
Objections (ECF No. 179), the Objections filed by Plaintiff (ECF No. 171), Defendants'
Response in Opposition to those Objections (ECF No. 177), and upon independent review of the
record, and upon consideration of the Magistrate Judge's Report and Recommendation, which is
ADOPTED as the opinion of this Court,
IT IS HEREBY ORDERED that the Motion to Dismiss, ECF No. 137, is GRANTED as
to Count II (as to Defamatory Statements 1-12, 14-15 and 17-20), Count III, Count IV, Count V,
and Count VI and DENIED as to Count II (as to Defamatory Statements 13 and 16).

IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(l) of the Federal Rules of
Appellate Procedure, if any party wishes to appeal from this Order, a notice of appeal, as
provided in Fed. R. App. P. 3, must be filed with the Clerk of Court, United States District Court,
at 700 Grant Street, Room 3110, Pittsburgh, PA 15219, within thirty (30) days.

ark R. Hornak
United States District Judge

cc:

Honorable Maureen P. Kelly
Chief United States Magistrate Judge
All Counsel of Record Via CM-ECF