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Medevac Midatlantic, LLC v. Keystone Mercy Health Plan

August 31, 2011

MEDEVAC MIDATLANTIC, LLC PLAINTIFF,
v.
KEYSTONE MERCY HEALTH PLAN, DEFENDANT.



The opinion of the court was delivered by: Cynthia M. Rufe, J.

ORDER

AND NOW , this 31st day of August 2011, upon consideration of Defendant Keystone Mercy Health Plan's ("KMHP") Motion to Dismiss and to Strike Plaintiff's Amended Complaint in Part [doc. no. 25]; Plaintiff Medevac's Response in Opposition thereto [doc. no. 28]; KMHP's Reply in Support [doc. no. 32]; and Medevac's Sur-Reply [doc. no. 35]; and for the reasons set forth in the accompanying Memorandum Opinion, it is hereby ORDERED that Defendant's Motion is GRANTED in part and DENIED in part , as follows:

1. Count I of the Amended Complaint [doc. no. 22] is DISMISSED with prejudice ; *fn1

2. Count II of the Amended Complaint is DISMISSED without prejudice , with leave to amend within 30 days of the date of this Order;

3. Plaintiff's requests for relief in the form of attorneys' fees and costs are hereby STRICKEN from Counts III, IV, V and VI of the Amended Complaint; and KMHP's motion to strike references to "billed charges" is DENIED .

It is so ORDERED .

BY THE COURT:

Cynthia M. ...


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