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Premier Health Ctr. PC v. Cure MD.com Inc.

Dismissal of Complaint Alleging Billing Processor's Improper Disclosure of PHI Explained

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MEMORANDUM OPINION AND ORDER

*1 Plaintiff Premier Health Center, P.C. (“Premier”) brought this action against Defendant CureMD.com, Inc. (“CureMD”) seeking declaratory and injunctive relief in connection with the alleged improper dissemination of protected health information (“PHI”). On May 8, 2017, CureMD moved to dismiss Premier’s Complaint. (Docket entry no. 12.) Instead of filing opposition papers, Premier filed a First Amended Complaint on June 9, 2017. (Docket entry no. 18.) On June 14, 2017, the Court granted CureMD’s motion to dismiss the initial Complaint as unopposed, and struck Premier’s First Amended Complaint for failure to comply with Federal Rule of Civil Procedure 15(a). (See docket entry no. 30.) The Court also granted Premier permission to file a motion for leave to amend its Complaint in light of the dismissal. (Id.) Premier now moves for leave to file an Amended Complaint (docket entry no. 40-1, the Amended Complaint (“AC”)), which asserts two new causes of action and adds the following named defendants: Precision Billing LLC, Perry Bonomo, Madison Spine, Dpro Technologies India Private Limited, Annexmed Private Limited, Curemd Pakistan (Pvt.)

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