Opinion
2:22-CV-849-RSM-DWC
06-22-2023
In Re MCG Health Data Security Issue Litigation
ORDER ADOPTING REPORT AND RECOMMENDATION
RICARDO S. MARTINEZ, UNITED STATES DISTRICT JUDGE
The Court, having reviewed the Report and Recommendation of Chief Magistrate Judge David W. Christel, the Objections filed by Defendant and Response from Plaintiffs, and the remaining record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation.
(2) MCG Health's Motion to Dismiss (Dkt. #35) is granted-in-part and denied-in-part as follows:
• Plaintiffs' claims alleged in Counts 6, 13, and 17 in-part of the Complaint (Dkt. #32) shall proceed;
• Plaintiffs' claims alleged in Counts 1 in-part, 2, 8, 12, 14, and 18 in-part of the Complaint are dismissed without prejudice;
• Plaintiffs' claims alleged in Counts 1 in-part, 3-5, 7, 9-11, 15, 16, 17 in-part, 18 in-part, 19, and 20-22 of the Complaint are dismissed with prejudice; and
• Plaintiffs are given leave to file an amended complaint that includes only Counts 1, 2, 6, 8, 12-14, 17, and 18; however, the negligence per se claim contained in Count 1 and the claims alleged by Plaintiff Strecker in Counts 17 and 18 are dismissed with prejudice and may not be included in the amended complaint.
(3) The Clerk is directed to send copies of this counsel for the parties and to the Hon. David W. Christel.