The Guthrie Clinic v. Convergence CT, Inc.

Full title: THE GUTHRIE CLINIC, Plaintiff, v. CONVERGENCE CT INC., Defendant.

Court: United States District Court, Middle District of Pennsylvania

Date published: Nov 3, 2023

4:23-CV-01396 (M.D. Pa. Nov. 3, 2023)

Opinion

4:23-CV-01396

11-03-2023

THE GUTHRIE CLINIC, Plaintiff, v. CONVERGENCE CT INC., Defendant.

Matthew W. Brann Chief United States District Judge

ORDER

Matthew W. Brann Chief United States District Judge

In accordance with the accompanying Memorandum Opinion, IT IS HEREBY ORDERED that:

1. Defendant's Motion for a More Definite Statement (Doc. 2) as to Count I, Count II, and Count III is DENIED.

2. Defendant's Motion to Dismiss (Doc. 2) is GRANTED in part and DENIED in part. The motion is granted to the extent that Count IV is DISMISSED with prejudice and Count V is DISMISSED without prejudice. The motion to dismiss is otherwise DENIED.

3. Defendant's Motion to Strike (Doc. 2) regarding:

a. Paragraphs 102, 103, and 111 is DENIED;

b. The demand for attorneys' fees in Count I is GRANTED;

c. Paragraph 112 is GRANTED IN PART. Paragraph 112 shall read as follows: “CCT's complete refusal to cooperate with Guthrie is a breach of the implied covenant of good faith and fair dealing”;

d. The demand for attorneys' fees in Count V is DISMISSED AS MOOT.

4. Plaintiff may, if it chooses, file an amended complaint on or before November 17, 2023. Should Plaintiff decline to file an amended complaint, Defendant shall file an answer on or before December 1, 2023.

BY THE COURT: