Guardian Pharmacy of Eastern NC, LLC v. Weber City Healthcare et al

Filing 40

ORDER adopting 39 Report and Recommendations; denying 8 Motion to Transfer Case; granting in part and denying in part 13 Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim. Signed by Judge James P. Jones on 2/14/13. (flc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
BIG STONE GAP DIVISION

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Plaintiff,
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v.
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WEBER CITY HEALTHCARE, ETC., )
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ET AL.,
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Defendants.
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GUARDIAN PHARMACY OF
EASTERN NC, LLC,

Case No. 2:12CV00037
ORDER
By: James P. Jones
United States District Judge

It appearing proper, no timely objections having been filed to the Report and
Recommendation of the Honorable Pamela Meade Sargent, U.S. Magistrate Judge,
issued on January 24, 2013 (ECF No. 39), it is ORDERED as follows:
1. The Report and its recommendations are fully ACCEPTED;
2. The Motion to Transfer this Action (ECF No. 8) is DENIED;
3. The Motion to Dismiss (ECF No. 13) is GRANTED IN PART AND
DENIED IN PART;
4. The Motion to Dismiss is GRANTED insofar as it seeks to dismiss the
claims against defendants Continium Health Care Management, LLC
and Continium Opco, LLC, pursuant to Rule 12(b)(2) for lack of

personal jurisdiction and said defendants are DISMISSED as parties
to this case;
5. The Motion to Dismiss is GRANTED insofar as it seeks to dismiss the
plaintiff’s claims for breach of contract, detrimental reliance, and
misrepresentation and those claims are DISMISSED; and
6. The Motion to Dismiss is DENIED insofar as it seeks to dismiss the
plaintiff’s claim for unjust enrichment.
ENTER: February 14, 2013
/s/ James P. Jones
United States District Judge

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