United States District Court, Eastern District of Pennsylvania
February 2, 2015
VISUAL COMMUNICATIONS, INC. Plaintiff,
ASSUREX HEALTH, INC., Defendants.
RONALD L. BUCKWALTER, S.J.
AND NOW, this 2nd day of February, 2015, upon consideration of Defendant AssureRx Health, Inc. (“Defendant”)’s Motion to Dismiss the Second Amended Complaint and Request for Attorney’s Fees (Docket No. 20), Plaintiff Visual Communications, Inc. (“Plaintiff”)’s Response in Opposition (Docket No. 21), Defendant’s Reply Brief (Docket No. 22), and Plaintiff’s Sur-Reply Brief (Docket No. 23), it is hereby ORDERED that:
1. Defendant’s Motion to Dismiss Plaintiff’s Second Amended Complaint is DENIED;
2. Defendant’s Request for Attorney’s Fees is DENIED;
3. Defendant’s Request to strike Plaintiff’s request for statutory damages and attorney’s fees in the “Wherefore” Clause of the Second Amended Complaint is GRANTED; and
4. Defendant has twenty (20) days from the date of this Order in which to file an Answer to Plaintiff’s Second Amended Complaint.
It is so ORDERED.