Pittsburg SNF LLC et al v. PharMerica East, Inc.

Filing 218

ORDER ADOPTING REPORT AND RECOMMENDATIONS - (Dkt.No. 63) is DENIED, except that PharMericas counterclaim for abuse of process is DISMISSED WITH PREJUDICE. Signed by Judge Rodney Gilstrap on 9/28/2012. (ch, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
PITTSBURG SNF LLC, et al.,
v.
PHARMERICA EAST, INC.,
Defendant and Third-Party Plaintiff,
v.
PHARMASTER, L.P., et al.,
Third-Party Defendants.

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Case No. 2:10-CV-363-JRG-RSP

ORDER
Currently before the Court is the Report and Recommendation filed by the Magistrate
Judge on July 19, 2012 (Dkt. No. 165) recommending that the Plaintiffs’ Motion to Dismiss
PharMerica’s Counterclaims (Dkt. No. 63, filed November 14, 2011) be DENIED-IN-PART and
GRANTED-IN-PART: PharMerica’s counterclaims should not be dismissed or struck, except
.
that PharMerica’s counterclaim for abuse of process should be DISMISSED WITH
PREJUDICE. No objections having been filed and for the reasons set forth in the Court’s Report
and Recommendation, the Recommendation is adopted. Accordingly,
IT IS ORDERED that Plaintiffs’ Motion to Dismiss PharMerica’s Counterclaims (Dkt.
No. 63) is DENIED, except that PharMerica’s counterclaim for abuse of process is DISMISSED
WITH PREJUDICE.
SIGNED this 19th day of December, 2011.
So ORDERED and SIGNED this 28th day of September, 2012.

____________________________________
RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE