Campmed Casualty & Indemnity Company, Inc. v. Specialists On Call, Inc. et al
| Campmed Casualty & Indemnity Company, Inc. |
| Specialists On Call, Inc., Leonard DaSilva, Linda Bank and Tommie Bank |
| 4:2016cv00452 |
| June 29, 2016 |
| US District Court for the Eastern District of Texas |
| Sherman Office |
| Collin |
| Amos L. Mazzant |
| Insurance |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
53
MEMORANDUM OPINION AND ORDER - Pending before the Court is Plaintiff's Motion for Leave to File First Amended Original Complaint (Dkt. 41 ). After reviewing the relevant pleadings, the Court grants Plaintiffs motion. Signed by Judge Amos L. Mazzant, III on 3/1/2017. (baf, )
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Filing
51
MEMORANDUM OPINION AND ORDER - It is therefore ORDERED that Plaintiff Campmed Casualty & Indemnity Company, Inc.s Rule 12(b)(6) Motion to Dismiss Defendant Specialists on Call, Inc.s Original Counterclaim (Dkt. 25 ) is hereby GRANTED IN PART AND DE NIED IN PART. It is further ORDERED that Plaintiffs Rule 12(b)(6) Motion to Dismiss Dr. Leonard DaSilvas Original Counterclaim (Dkt. 26 ) is hereby GRANTED IN PART AND DENIED IN PART. The Court strikes the waiver affirmative defense asserted in Defe ndant Specialists on Call, Inc. and Defendant Dr. Leonard DaSilvas answers (Dkt. #12: Dkt. #19). Also, the Courtstrikes the demand for a jury determination of all costs and attorneys fees. The affirmative defense of estoppel asserted in both Defendants answers is allowed to stand. It is further ORDERED that Defendant Leonard DaSilva, M.D.s Motion to Strike Campmeds Reply Brief and Amended Reply Brief (Dkt. 34 ) is hereby DENIED. Signed by Judge Amos L. Mazzant, III on 1/26/2017. (baf, )
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