Opinion
Civil Action 21-3072
05-23-2022
ORDER
JOEL H. SLOMSKY, J.
AND NOW, this 23rd day of May 2022, upon consideration of Defendant's Motion to Dismiss for Failure to State a Claim (Doc. No. 17), Plaintiffs' Response in Opposition (Doc. No. 20), Defendant's Reply (Doc. No. 22), and in accordance with the Opinion of the Court issued on this date, it is ORDERED that Defendant's Motion to Dismiss (Doc. No. 17) is GRANTED in part and DENIED in part as follows:
1. Defendant's Motion to Dismiss Counts I, II, III and IV of the Amended Complaint (Doc. No. 15) is DENIED.
2. Defendant's Motion to Dismiss the negligence per se claim in Count I based only on HIPAA is GRANTED.
3. Defendant shall file an Answer to Plaintiffs' Amended Complaint (Doc. No. 15) within 21 days of the date of this Order.