United States District Court, E.D. Pennsylvania
September 18, 2014
VISUAL COMMUNICATIONS, INC. Plaintiff,
ASSUREX HEALTH, INC., Defendants.
RONALD L. BUCKWALTER, Senior District Judge.
AND NOW, this 18 th day of September, 2014, upon consideration of Defendant AssureRx Health, Inc. ("Defendant")'s Motion to Dismiss and Request for Attorney's Fees (Docket No. 9), Plaintiff Visual Communications, Inc. ("Plaintiff")'s Response in Opposition (Docket No. 13), Defendant's Reply Brief (Docket No. 14), Plaintiff's Sur-Reply Brief (Docket No. 15), and Defendant's Response to Plaintiff's Sur-Reply (Docket No. 16), it is hereby ORDERED that:
1. Count One of Plaintiff's Amended Complaint is DISMISSED WITHOUT PREJUDICE; and
2. Counts Two and Three of Plaintiff's Amended Complaint are DISMISSED WITH PREJUDICE.
3. Plaintiff has twenty (20) days in which to file a Second Amended Complaint.
It is so ORDERED.