Opinion
Civil Action 24-CV-759
05-15-2024
ABIRA MEDICAL LABORATORIES, LLC, d/b/a GENESIS DIAGNOSTICS, Plaintiff, v. KAISER FOUNDATION HEALTH PLAN OF THE MID-ATLANTIC STATES, INC., Defendant.
ORDER
WENDY BEETLESTONE, J.
AND NOW, this 15th day of May, 2024, upon consideration of Defendant's Motion to Dismiss for Failure to State a Claim (ECF No. 6 & 20), and Plaintiff's Responses thereto (ECF No. 16), it is HEREBY ORDERED that:
1. Defendant's Motion is DENIED as to Count 1;
2. Defendant's Motion is GRANTED as to Count 2. Plaintiff's Count 2 is DISMISSED as a standalone claim;
3. Defendant's Motion is GRANTED as to Count 3:
a. Plaintiff's claims for negligent misrepresentation and equitable estoppel are DISMISSED WITH PREJUDICE;
b. Plaintiff's claim for promissory estoppel is DISMISSED WITHOUT PREJUDICE;
4. Defendant's Motion is DENIED as to Count 4.