Filed: Feb. 08, 2018
Latest Update: Feb. 08, 2018
Summary: ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT R1 RCM, INC.'S EMERGENCY MOTION TO STRIKE, OR, IN THE ALTERNATIVE, TO SEAL, CERTAIN ALLEGATIONS IN PLAINTIFF'S FIRST AMENDED COMPLAINT (DE 11) ANTHONY P. PATTI , Magistrate Judge . This matter is before the Court for consideration of Defendant R1 RCM, Inc.'s above described motion, as well as the related response and reply. (DEs 11, 13, 14.) The parties, through counsel, came before me for a hearing on this matter on February 8, 2018. Fo
Summary: ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT R1 RCM, INC.'S EMERGENCY MOTION TO STRIKE, OR, IN THE ALTERNATIVE, TO SEAL, CERTAIN ALLEGATIONS IN PLAINTIFF'S FIRST AMENDED COMPLAINT (DE 11) ANTHONY P. PATTI , Magistrate Judge . This matter is before the Court for consideration of Defendant R1 RCM, Inc.'s above described motion, as well as the related response and reply. (DEs 11, 13, 14.) The parties, through counsel, came before me for a hearing on this matter on February 8, 2018. For..
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ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT R1 RCM, INC.'S EMERGENCY MOTION TO STRIKE, OR, IN THE ALTERNATIVE, TO SEAL, CERTAIN ALLEGATIONS IN PLAINTIFF'S FIRST AMENDED COMPLAINT (DE 11)
ANTHONY P. PATTI, Magistrate Judge.
This matter is before the Court for consideration of Defendant R1 RCM, Inc.'s above described motion, as well as the related response and reply. (DEs 11, 13, 14.) The parties, through counsel, came before me for a hearing on this matter on February 8, 2018. For the reasons stated on the record, Defendant's motion (DE 11) is GRANTED IN PART and DENIED IN PART as follows (with reference to paragraphs in the First Amended Complaint (DE 10)):
• Paragraph 33 may remain.
• Paragraph 34 is largely stricken, but Plaintiff may rephrase the paragraph to generally allege that Defendant bragged in a text to Plaintiff about having had sex with a "fellow employee," without reference to specific sexual acts or people.
• Paragraph 35 is stricken in its entirety.
• Paragraph 36 is stricken in its entirety.
• Paragraph 37 is stricken in its entirety.
• Paragraph 38 is largely stricken, but Plaintiff may rephrase the paragraph to generally allege that Defendant texted Plaintiff about his desire to engage in sexual activity with her, without reference to specific sexual acts.
• Paragraph 40 is largely stricken, but Plaintiff may rephrase the paragraph to generally allege that Defendant texted Plaintiff about another sexual escapade, including oral sex, but without further detail.
• Paragraph 41 may remain.
• Paragraph 42 is stricken in its entirety.
• Paragraph 43 is stricken in its entirety.
• Paragraph 44 may remain.
• Paragraph 45 is stricken in its entirety.
• Paragraph 46 may remain, except Plaintiff must remove the introductory clause.
• Paragraph 47 may remain.
No later than Friday, February 16, 2018, Plaintiff SHALL file her second amended complaint (consistent with the above ruling), along with the exhibits previously sealed by the Court. (See DE 9.) Once the second amended complaint with sealed exhibits is filed, the Clerk of the Court will STRIKE both the original complaint (DE 1) and the first amended complaint (DE 10).
IT IS SO ORDERED.
