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Insurance | New York Eastern
Order Adopting Report and Recommendations Order on Report and Recommendations
ORDER ADOPTING REPORT AND RECOMMENDATIONS 79 : For the stated reasons (Please See Order For Further Details), IT IS HEREBY ORDERED that the Defendant's Objection is OVERRULED. Accordingly:
I. The Court ADOPTS Judge Locke's Report and Recommendation to the extent it recommends denying dismissal of the Breach of Contract Claim;
II. Relatedly, the Court ADOPTS Judge Locke's Report and Recommendation to the extent it recommends denying dismissal of the Third-Party Beneficiary Claim; and
III. The Court ADOPTS Judge Locke's Report and Recommendation to the to the extent it recommends granting dismissal of Third-Party Provider Agreement Claim; and
Having adopted the R&R, the Court FURTHER ORDERS:
I. Because the SAC's Breach of Contract and Third-Party Beneficiary claims are sufficiently stated, the Court DENIES Defendant's Motion to Dismiss as to these claims; and
II. Because neither party objected to the R&R's recommendation that the Third-Party Provider Agreement Claim be dismissed,
Ordered by Judge Joanna Seybert on 8/19/2026. (GO)
Order(Other)
ORDER:
Plaintiff may move for leave to amend by August 19, 2026, after which Defendant shall have 30 days to respond to plaintiff's motion.
Ordered by Judge Gary R. Brown on 8/12/2026. (RJP)
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