*1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MRO CORPORATION,
Plaintiff, CIVIL ACTION NO. 16-2881 v.
HUMANA INC.,
Defendant. ORDER AND NOW , this 5th day of June 2019, upon consideration of MRO Corporation’s Motion for Partial Summary Judgment [Doc. No. 76], Humana Inc.’s Motion for Summary Judgment [Doc. No. 77], and the responses thereto, and for the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED as follows:
1. MRO’s Motion is DISMISSED AS MOOT , to the extent that MRO has moved
to preclude Humana from asserting its sixteenth affirmative defense. [1] 2. MRO’s Motion is DENIED , to the extent that MRO has moved to preclude
Humana from asserting its fourteenth affirmative defense.
3. Humana’s Motion is DENIED .
It is so ORDERED .
BY THE COURT: /s/ Cynthia M. Rufe _____________________________ CYNTHIA M. RUFE, J.
[1] As provided in the accompanying memorandum opinion, Humana responded that it will withdraw its sixteenth affirmative defense. Humana Inc.’s Resp. in Opp’n to MRO’s Mot. for Partial Summ. J. [Doc. No. 80] at 1.