IHS Dialysis, Inc. et al v. Davita, Inc.
| IHS Dialysis, Inc., IHS Dialysis of Massachusetts, LLC and IHS of New York, Inc. |
| Davita, Inc. |
| 7:2012cv02468 |
| April 2, 2012 |
| US District Court for the Southern District of New York |
| White Plains Office |
| XX Out of State |
| Edgardo Ramos |
| Antitrust |
| 15 U.S.C. ยง 15 |
| Plaintiff |
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Filing
23
OPINION AND ORDER re: 11 MOTION to Dismiss filed by Davita, Inc., 13 MOTION to Strike filed by Davita, Inc. For the reasons set forth above, Defendant's Motion to Strike is DENIED, and Defendant's Motion to Dismiss is DENIED in part and GRANTED in part. The Clerk of the Court is respectfully directed to terminate the pending motions. Docs. 11, 13. Plaintiffs' Third and Fourth Causes of Action are dismissed without prejudice. Plaintiffs are also granted leave to replead their First and Second Causes of Action, should they choose to file a Second Amended Complaint. Plaintiffs shall file any amended pleading on or before April 22, 2013. It is SO ORDERED. (Signed by Judge Edgardo Ramos on 3/31/2013) (mml)
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