OXENBERG et al v. AZAR, No. 2:2020cv00738 - Document 39 (E.D. Pa. 2021)

Court Description: MEMORANDUM OPINION ORDER THAT DEFENDANT'S MOTION TO DISMISS (DOC. NO. 32 ) IS GRANTED. PLAINTIFF'S COMPLAINT IS DISMISSED WITHOUT PREJUDICE. PENDING MOTIONS (DOC. NOS. 12 , 17 , AND 30 ) ARE DISMISSED AS MOOT. THE CLERK IS DIRECTED TO CLOSE THE CASE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 2/8/21. 2/9/21 ENTERED AND COPIES NOT MAILED TO COUNSEL; E-MAILED.(amas, )

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OXENBERG et al v. AZAR Doc. 39 Case 2:20-cv-00738-CMR Document 39 Filed 02/09/21 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA LYNN OXENBERG and RONALD LEWIS Plaintiffs, CIVIL ACTION NO. 20-738 v. NORRIS COCHRAN, * in his official capacity as the Acting Secretary of the Department of Health and Human Services, Defendant. ORDER AND NOW, this 8th day of February 2021, upon consideration of Defendant’s Rule 12(b)(1) Motion to Dismiss, and responses and replies thereto, and for the reasons explained in the accompanying Memorandum Opinion, it is hereby ORDERED that Defendant’s Motion to Dismiss [Doc. No. 32] is GRANTED. Plaintiff’s Complaint is DISMISSED without prejudice. It is further ORDERED that Plaintiffs’ Motion for Summary Judgment [Doc. No. 12], Defendant’s Motion for Summary Judgment [Doc. No. 17], and Plaintiffs’ Motion for Leave to File Supplement to Motion for Summary Judgment [Doc. No. 30] are DISMISSED as moot. The Clerk is directed to CLOSE the case. It is so ORDERED. BY THE COURT: /s/ Cynthia M. Rufe _____________________ CYNTHIA M. RUFE, J. * Under Fed. R. Civ. P. 25(d), Norris Cochran is substituted as Defendant for former Secretary of the Department of Health and Human Services Alex Azar. Dockets.Justia.com

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