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Ortiz v. Ciox Health LLC

Mootness Objection Denied To Prevent Party From Paying Single Plaintiffs to Avoid Class

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OPINION & ORDER

*1  Plaintiff Vicky Ortiz brings this action against CIOX Health LLC (“CIOX”) as successor in interest to IOD Inc. (“IOD”), and against the New York and Presbyterian Hospital (“NYPH”), named in the complaint as Columbia Presbyterian Medical Center (“CPMC”).1 Ortiz alleges that defendants violated a provision of New York Public Health Law §18, which limits charges for copies of medical records to $0.75 per page, when they charged $1.50 per page for copies of Ortiz’s medical records. Ortiz seeks money damages and injunctive relief, for herself and on behalf of a proposed statewide class. Defendants have moved to dismiss the First Amended Complaint (“FAC”). CIOX has also moved to strike several allegations in the FAC. For the following reasons, the motions to dismiss are granted as to Counts 2, 3, 4, and 5 of the FAC and denied as to Count 1 of the FAC. CIOX’s motion to strike is denied as moot.BackgroundThe following facts are drawn from the FAC. In October

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