Prime Health Services, Inc. v. Capital Bank, N.A. et al

Filing 50

ORDER: Pursuant to Federal Rule of Civil Procedure 12(b)(6), Capital Bank, N.A. and Capital Bank Financial Corporation filed a Motion to Dismiss ("Motion") (Doc. No. 36 ) the Complaint for failure to state a claim upon which relief can be granted. For the reasons set forth in the accompanying memorandum, the Motion will be is DENIED as to Prime Health Service, Inc.'s first and second causes of action, but is GRANTED as to Prime's third cause of action. IT IS SO ORDERED. Signed by District Judge Waverly D. Crenshaw, Jr on 3/20/2017. (hb)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION PRIME HEALTH SERVICES, INC., Plaintiff, v. CAPITAL BANK, N.A., and CAPITAL BANK FINANCIAL CORP., Defendants. ) ) ) ) ) ) ) ) ) ) NO. 3:16-cv-00034 JUDGE CRENSHAW ORDER Pursuant to Federal Rule of Civil Procedure 12(b)(6), Capital Bank, N.A. and Capital Bank Financial Corporation filed a Motion to Dismiss (“Motion”) (Doc. No. 36) the Complaint for failure to state a claim upon which relief can be granted. For the reasons set forth in the accompanying memorandum, the Motion will be is DENIED as to Prime Health Service, Inc.’s first and second causes of action, but is GRANTED as to Prime’s third cause of action. IT IS SO ORDERED. ______________________________ WAVERLY D. CRENSHAW, JR. UNITED STATES DISTRICT COURT 1

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