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ALLIED MEDICAL ASSOCIATES, DAVID KIRSTEIN,

:

D.C., and BRYAN EHRLICH, D.C., Counterclaim-Defendants.

: :

Memorandum and Order

YOHN, J.

April 16, 2009

On May 23, 2008, Allied Medical Associates (“Allied”) commenced this civil action

against State Farm Mutual Automobile Insurance Company and State Farm Fire and Casualty

Company (collectively, “State Farm”). Allied seeks, inter alia, reimbursement for medical

procedures it allegedly provided to State Farm’s insureds. State Farm answered Allied’s

complaint on November 11, 2008, raising several affirmative defenses and asserting a

counterclaim against Allied, David Kirstein and Bryan Ehrlich1 (collectively, “counterclaim-

defendants”). Presently before the court is counterclaim-defendants’ motion to dismiss State

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

: :

: : : :

CIVIL ACTION

NO. 08-2434

ALLIED MEDICAL ASSOCIATES,

Plaintiff,

v.

STATE FARM MUTUAL AUTOMOBILE INSURANCE : COMPANY and STATE FARM FIRE AND CASUALTY :

: : : : :

COMPANY, Defendants/Counterclaim-Plaintiffs,

v.

1 The counterclaim also named Brent Weinerman, D.O and Najmi Sheikh, M.D. as defendants, but both Weinerman and Sheikh were dismissed as defendants on November 19, 2008.

1

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