Banks v. Healthways, Inc. et al
Filing
38
ORDER: For the reasons stated in the accompanying Memorandum, Defendants' Motion to Dismiss 22 is Granted in part and Denied in part. Plaintiff's claims for breach of the duty to disclose are dismissed with regard to any non-public information and information beyond the specific disclosure requirements of ERISA. Signed by Chief Judge Todd J. Campbell on 1/28/09. (dt)
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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION KENNETH BANKS v. HEALTHWAYS, INC., et al. ) ) ) NO. 3:08-0734 ) JUDGE CAMPBELL ) ORDER Pending before the Court is Defendants' Motion to Dismiss Plaintiff's Amended Class Action Complaint (Docket No. 22). For the reasons stated in the accompanying Memorandum, Defendants' Motion is GRANTED in part and DENIED in part. Plaintiff's claims for breach of the duty to disclose are dismissed with regard to any non-public information and information beyond the specific disclosure requirements of ERISA. IT IS SO ORDERED. ___________________________________ TODD J. CAMPBELL UNITED STATES DISTRICT JUDGE
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