Opinion
5:23-cv-2495
04-15-2024
SEGURO MEDICO, LLC d/b/a QUICK HEALTH, Plaintiff, v. SUFFOLK ADMINISTRATIVE SERVICES, LLC, HAWAII MAINLAND ADMINISTRATORS, LLC, DATA MARKETING PARTNERSHIP, LP, PROVIDENCE HEALTH PLAN, PROVIDENCE HEALTH PARTNERS, PROVIDENCE HEALTH ASSURANCE, Defendants.
ORDER
JOSEPH F. LEESON, JR., UNITED STATES DISTRICT JUDGE
AND NOW, this 15th day of April, 2024, for the reasons set forth in the Opinion issued this date, IT IS HEREBY ORDERED THAT:
1. The Motion to Dismiss, see ECF Nos. 43, 44, is GRANTED in part and DENIED in part as follows:
A. Count I is DISMISSED with prejudice
B. Count IV is DISMISSED with prejudice as to Suffolk Administrative Services, LLC;
C. The motions to dismiss Counts II and III for failure to state a claim are DENIED;
D. The motion to dismiss Counts I and II for lack of jurisdiction is DENIED without prejudice as to Data Marketing Partnership's right to renew it at the close of jurisdictional discovery.
E. Quick Health and Data Marketing Partnership shall complete any discovery relevant to this Court's jurisdiction over Data Marketing Partnership by June 1, 2024.
F. Data Marketing Partnership shall file an Answer to the Second Amended Complaint or any renewed motion to dismiss for lack of jurisdiction on or before June 1, 2024.