Crawley-Mack et al v. Rite Aid of New York, Inc. et al

Motion to Dismiss for Failure to State a Claim

E.D.N.Y.November 15, 2016

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK X BERNADETTE CRAWTEY-MACK AND KEITH MACK, Plaintiff, v. RITE AID OF NEW YORK, INC., doing business as RITE AID PHARMACY, “JOHN DOE,” the name of Pharmacist being unknown, UNITED HEALTHCARE OF NEW YORK, INC., and “XYZ CORP,” a fictitious software corporation that created the software that is utilized by pharmacies and pharmacists to fill prescriptions. Defendants. X Civ. Act. No.: l:16-cv -04622(AMD) (HER) NOTICE OF MOTION (Oral Argument Requested) PLEASE TAKE NOTICE that, upon the Declaration of Caragh Doyle dated November 15, 2016, the exhibit annexed thereto, and the accompanying Memorandum of Law, Defendant Oxford Health Insurance, Inc. s/h/a United Healthcare of New York, Inc. (“Oxford”) by its attorneys, Sedgwick LLP, will move this Court at a time and date designated by the Court, before the Hon. Ann M. Donnelly, U.S.D.J., at the United States Courthouse, Eastern District of New York, located at 225 Cadman Plaza East, Brooklyn, New York, NY 11201, for an Order pursuant to Rule 12(b)(6), Fed. R. Civ. P., dismissing Plaintiffs' Amended Complaint in its entirety on the grounds that it fails to state a cause of action for which relief can be granted and for such other and further relief as this Court may deem just and proper. Dated: New York, New York November 15, 2016 Respectfully submitted. _s/___________________________________ MICHAEL H. BERNSTEIN (MB-0579) MATTHEW P. MAZZOLA(MM-7427) SEDGWICK LLP 225 Liberty Street, 28th Floor New York, NY 10281-1008 Telephone: (212) 422-0202 Facsimile: (212) 422-0925 Attorneys for Defendant Oxford Health Insurance, Inc. s/ hj a United Healthcare of New York, Inc. 83971040vl 1 Case 1:16-cv-04622-AMD-RER Document 14 Filed 11/15/16 Page 1 of 2 PageID #: 91 TO: Dimitrios Kourouklis Law Office of Dimitrios Kourouklis, Ph.D 20 West 20th Street, 2nd Floor New York, NY 10011 929-400-7608 Attorneys for Plaintiffs Seth B. Rubine Rubine & Rubine Law, LLC 65 Harristown Road, Suite 203 Glen Rock, NJ 07452 201-857-5815 Attorneys for Defendant Rite Aid of New York, Inc. d! bj a Rite Aid Pharmacy 83971040vl 2 Case 1:16-cv-04622-AMD-RER Document 14 Filed 11/15/16 Page 2 of 2 PageID #: 92