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Medevac Midatlantic, LLC v. Keystone Mercy Health Plan

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


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. Rufe


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