Opinion
Case No. 2:03-CV-01032 PGC.
July 16, 2004
ORDER DENYING MOTION TO DISMISS
This diversity case is before the court on defendant Falcon Ridge Ranch's ("Falcon Ridge") motion to dismiss. Falcon Ridge argues that the suit against it should be dismissed for noncompliance with the Utah Health Care Malpractice Act. This argument is without merit.
The crux of Falcon Ridge's motion is its claim to be a "health care provider" under Utah law. However, Falcon Ridge cites no facts in the complaint that would support this claim, nor does it offer any facts outside the complaint that would compel such a finding.
Accordingly, the motion to dismiss (#8-1) is DENIED without prejudice. If it becomes clear after discovery that Falcon Ridge is a health care provider under Utah law, the court will entertain any appropriate motion at that time.
SO ORDERED.