Mid-Town Surgical Center, L.L.P. v. Humana Health Plan of Texas, Inc.

MEMORANDUM AND ORDER

NANCY F. ATLAS, District Judge.

This RICO and ERISA case is before the Court on Defendant Humana Health Plan of Texas, Inc.’s (“Humana” or “Defendant”) Motion to Partially Dismiss First Amended Complaint [Doc. # 15] (“Motion”). Plaintiff Mid-Town Surgical Center, L.LJP.’s (“MSC” or “Plaintiff’) has filed a Response [Doc. # 17], to which Humana replied [Doc. # 18]. Having reviewed the parties’ briefing, the applicable legal authorities, and the relevant evidence of record, the Court grants in part and denies in part Humana’s Motion.

I. BACKGROUND

Plaintiff MSC is a surgery…