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EXCELLUS HEALTH PLAN, INC. v. TRAN

No. 03-CV-0095C(F).

287 F.Supp.2d 167 (2003)

EXCELLUS HEALTH PLAN, INC., Plaintiff, v. Daniel T. TRAN, et al., Defendants.

United States District Court, W.D. New York.

August 29, 2003.

Attorney(s) appearing for the Case

Magavern, Magavern & Grimm, LLP (Thomas E. Schofield, Esq., of Counsel), Buffalo, NY, Sidley Austin Brown & Wood (Richard D. Raskin, Esq., of Counsel), Chicago, IL, for Plaintiff.

Colucci & Gallaher, PC (Anthony J. Colucci, III, of Counsel), Buffalo, NY, for Defendants Mylotte, Allentown Pediatric and Adolescent Medicine, Amherst Medical Associates, Amherst/Southgate ENT, Evergreen Women's Health Group, Euville, Forestsream Pediatrics, Geriatric Associates, and Sheridan Drive Medical Group.

Goldberg Segalla LLP (John P. Freedenberg, Esq., of Counsel), Buffalo, NY, for Defendants Lancaster/Southgate Medical Group.

Rupp, Baase, Pfalzgraf & Cunningham LLC (Lisa A. Coppola, Esq., of Counsel), Buffalo, NY, for Defendants Tran, Edbauer, Health Care Solutions, and ETV.

DECISION AND ORDER

CURTIN, District Judge.

Plaintiff Excellus Health Plan, Inc. ("Excellus") moves pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the counterclaims asserted against it by several defendants (Item 36). Oral argument of the motion was heard by the court on August 11, 2003. For the following reasons, plaintiff's motion to dismiss the counterclaims is granted in part and denied in part.

BACKGROUND...

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