Opinion
Case No. 2:12CV00037
02-14-2013
GUARDIAN PHARMACY OF EASTERN NC, LLC, Plaintiff, v. WEBER CITY HEALTHCARE, ETC., ET AL., Defendants.
ORDER
By: James P. Jones
United States District Judge
It appearing proper, no timely objections having been filed to the Report and Recommendation of the Honorable Pamela Meade Sargent, U.S. Magistrate Judge, issued on January 24, 2013 (ECF No. 39), it is ORDERED as follows:
1. The Report and its recommendations are fully ACCEPTED;
2. The Motion to Transfer this Action (ECF No. 8) is DENIED;
3. The Motion to Dismiss (ECF No. 13) is GRANTED IN PART AND DENIED IN PART;
4. The Motion to Dismiss is GRANTED insofar as it seeks to dismiss the claims against defendants Continium Health Care Management, LLC and Continium Opco, LLC, pursuant to Rule 12(b)(2) for lack of
personal jurisdiction and said defendants are DISMISSED as parties to this case;
5. The Motion to Dismiss is GRANTED insofar as it seeks to dismiss the plaintiff's claims for breach of contract, detrimental reliance, and misrepresentation and those claims are DISMISSED; and
6. The Motion to Dismiss is DENIED insofar as it seeks to dismiss the plaintiff's claim for unjust enrichment.
James P. Jones
United States District Judge