AMBULATORY SURG. CTR. OF N.J. v. HORIZON HEALTHCARE SERV

SUSAN WIGENTON, Magistrate Judge

For the reasons set forth in this Court's Opinion of February 21, 2008,

It is on this 21^st day of February 2008,

ORDERED that Defendant's Motion to Dismiss Count One of Plaintiff's Complaint is DENIED; and it is further

ORDERED that Defendant's Motion to Dismiss Counts Two, Three and Four of Plaintiff's Complaint is GRANTED with prejudice; and it is further

ORDERED that Defendant's Motion to Dismiss Counts Five, Six and Seven of Plaintiff's Complaint is GRANTED without prejudice; and it is further

ORDERED that Plaintiff is granted leave to file within 45 days from the date of this Order an amended complaint sufficiently alleging its facts, claims and theories for Counts Five, Six and Seven under ERISA.