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Allied Medical Associates v. State Farm Mutual Automobile Insurance Co.

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


April 16, 2009

ALLIED MEDICAL ASSOCIATES, PLAINTIFF,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND STATE FARM FIRE AND CASUALTY COMPANY, DEFENDANTS/COUNTERCLAIM-PLAINTIFFS,
v.
ALLIED MEDICAL ASSOCIATES, DAVID KIRSTEIN, D.C., AND BRYAN EHRLICH, D.C., COUNTERCLAIM-DEFENDANTS.

The opinion of the court was delivered by: William H. Yohn Jr., Judge

Order

AND NOW this 16th day of April 2009, upon consideration of counterclaim-defendants' motion to dismiss (Doc. No. 44), counterclaim-plaintiffs' response thereto and counterclaim- defendants' reply, counterclaim-defendants' motion is granted in part and denied in part, and IT IS HEREBY ORDERED that:

1. Counterclaim-defendants' motion to dismiss the fraud claim in Count I, the § 4117(a) claims in Count II, and the unjust enrichment claim in Count III is DENIED to the extent that these claims are based on those reimbursement requests specifically listed in paragraphs nineteen or twenty-five or both of the counterclaim. The balance of counterclaim-plaintiffs' counterclaim is DISMISSED without prejudice to the right to file an amended answer containing an amended counterclaim within fourteen days.

2. Counterclaim-defendants' motion to dismiss counterclaim-plaintiffs' second and sixth affirmative defenses is DENIED to the extent that these claims are based on those reimbursement requests specifically listed in paragraphs nineteen or twenty-five or both of the counterclaim. The balance of counterclaim-plaintiffs' second and sixth affirmative defenses is DISMISSED without prejudice to the right to file an amended answer containing amended defenses within fourteen days.

3. Counterclaim-defendants' motion to dismiss counterclaim-plaintiffs' seventeenth affirmative defense is DENIED.

4. Counterclaim-defendants' motion to dismiss counterclaim-plaintiffs' fifteenth affirmative defense is GRANTED and counterclaim-plaintiffs' fifteenth affirmative defense is DISMISSED with prejudice.

5. Counterclaim-defendants' motion for a more definition statement is DENIED.

20090416

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