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DEMARIA v. HORIZON HEALTHCARE SERVICES, INC.

Civ. No. 2:11-cv-7298 (WJM).

ALPHONSE A. DEMARIA, D.C., T. LEONARD PROBE, D.C. and JAMES PROODIAN, D.C., on their own behalf and on behalf of all others similarly situated, Plaintiffs, v. HORIZON HEALTHCARE SERVICES, INC. d/b/a HORIZON BLUE CROSS BLUE SHIELD OF NEW JERSEY; and HORIZON HEALTHCARE OF NEW JERSEY, INC. d/b/a HORIZON HMO, Defendants.

United States District Court, D. New Jersey.

July 31, 2013.

Attorney(s) appearing for the Case

ALPHONSE A DEMARIA, D.C., Plaintiff, represented by JOHN W. LEARDI , BUTTACI & LEARDI, LLC, PAUL D. WERNER , BUTTACI & LEARDI LLC & VINCENT NORMAN BUTTACI , BUTTACI & LEARDI, LLC.

T. LEONARD PROBE, D.C., Plaintiff, represented by JOHN W. LEARDI , BUTTACI & LEARDI, LLC, PAUL D. WERNER , BUTTACI & LEARDI LLC & VINCENT NORMAN BUTTACI , BUTTACI & LEARDI, LLC.

JAMES PROODIAN, D.C., Plaintiff, represented by JOHN W. LEARDI , BUTTACI & LEARDI, LLC, PAUL D. WERNER , BUTTACI & LEARDI LLC & VINCENT NORMAN BUTTACI , BUTTACI & LEARDI, LLC.

HORIZON HEALTHCARE SERVICES, INC., Defendant, represented by JAMES P. FLYNN , EPSTEIN, BECKER & GREEN, PC.

HORIZON HEALTHCARE OF NEW JERSEY, INC., Defendant, represented by JAMES P. FLYNN , EPSTEIN, BECKER & GREEN, PC.

OPINION

WILLIAM J. MARTINI, District Judge.

Plaintiffs Alphonse A. Demaria, Leonard Probe, and James Proodian have brought this putative class action on behalf of themselves and all other similarly-situated chiropractic physicians. This matter comes before the Court on Defendants' motion to dismiss Plaintiffs' First Amended Complaint ("FAC") pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief may be granted...

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