Opinion
Civil Action 24-158
09-12-2024
ABRIA MEDICAL LABORATORIES, LLC d/b/a GENESIS DIAGNOSTICS v. HARVARD PILGRIM HEALTH CARE, INC., AND HEALTH PLANS, INC.
ORDER RE: MOTION TO DISMISS
MICHAEL M. BAYLSON, J.
AND NOW, on this 12th day of September 2024, upon consideration of Defendants' Motion to Dismiss the Second Amended Complaint (ECF 30), Plaintiff's response thereto (ECF 32), and Defendants' reply (ECF 33), for the reasons stated in the foregoing memorandum, it is hereby ORDERED that:
1. The Motion is GRANTED with respect to Defendant Harvard Pilgrim Health Care, Inc. All counts against Defendant Harvard Pilgrim Health Care, Inc. are DISMISSED WITH PREJUDICE for lack of personal jurisdiction.
2. The Motion is DENIED with respect to Count 1 of the Second Amended Complaint for breach of contract as to Defendant Health Plans, Inc.
3. The Motion is GRANTED with respect to Count 2 of the Second Amended Complaint for breach of the implied covenant of good faith and fair dealing, which is DISMISSED WITH PREJUDICE as to Defendant Health Plans, Inc.
4. The Motion is GRANTED with respect to Count 3 of the Second Amended Complaint for violation of the Families First Coronavirus Response Act and the Coronavirus Aid, Relief, and Economic Security Act, which is DISMISSED WITH PREJUDICE as to Defendant Health Plans, Inc.
5. The Motion is DENIED with respect to Count 4 of the Second Amended Complaint for quantum meruit/unjust enrichment as to Defendant Health Plans, Inc.
6.