PH2\751787.1

IN THE UNITED STATES DISTRICT COURT FOR 

THE EASTERN DISTRICT OF PENNSYLVANIA 

THE CHESTER COUNTY HOSPITAL : CIVIL ACTION 

 : NO. 02-2746 

 v. : 

 : 

INDEPENDENCE BLUE CROSS, : 

QCC INSURANCE COMPANY, : 

KEYSTONE HEALTH PLAN EAST, and : 

KEYSTONE MERCY HEALTH PLAN :

PLAINTIFF'S REPLY MEMORANDUM OF LAW IN SUPPORT OF ITS 

MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT

FILED UNDER SEAL

CONFIDENTIAL UNDER PROTECTIVE ORDER

THIS ENVELOPE WHICH IS BEING FILED UNDER SEAL CONTAINS 

DOCUMENTS THAT ARE SUBJECT TO A PROTECTIVE ORDER 

GOVERNING THE USE OF CONFIDENTIAL DISCOVERY MATERIAL 

Case 2:02-cv-02746-JP Document 128 Filed 09/05/2003 Page 1 of 4
PH2\751787.1

IN THE UNITED STATES DISTRICT COURT FOR 

THE EASTERN DISTRICT OF PENNSYLVANIA

THE CHESTER COUNTY HOSPITAL : CIVIL ACTION 

 : NO. 02-2746 

 v. : 

 : 

INDEPENDENCE BLUE CROSS, : 

QCC INSURANCE COMPANY, : 

KEYSTONE HEALTH PLAN EAST, and : 

KEYSTONE MERCY HEALTH PLAN :

PLAINTIFF'S MOTION FOR LEAVE TO FILE A REPLY 

MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION 

FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT

Plaintiff, The Chester County Hospital, by its attorneys, respectfully files this Motion for 

Leave to file a Reply Memorandum of Law in Support of Its Motion for Leave to File a Second 

Amended Complaint. In support of this Motion for Leave, Plaintiff incorporates the proposed 

Reply Memorandum of Law attached hereto as Exhibit “A”. 

On August 20, 2003, the Court entered the parties’ stipulation allowing Plaintiff, subject 

to leave, to file a reply to Defendants’ Opposition to Plaintiff’s Motion for Leave to File a 

Second Amended Complaint on or before September 5, 2003. As evidenced by the parties’ 

stipulation, Defendant does not oppose Plaintiff’s Motion for Leave. Because Defendants' 

Opposition presents arguments related to the merits of Plaintiff's antitrust claims, Plaintiff seeks 

an opportunity to respond, as these issues could affect the outcome of this case. Accordingly, 

Plaintiff respectfully requests that the Court grant its Motion for Leave to File a Reply 

Memorandum of Law in Support of its Motion for Leave to File a Second Amended Complaint, 

and Order that the attached Reply Memorandum of Law be deemed filed with the Court. 

Case 2:02-cv-02746-JP Document 128 Filed 09/05/2003 Page 2 of 4
 3 

PH2\751787.1

Additionally, Plaintiff’s Reply Memorandum of Law attaches documents designated 

confidential under the Court's August 19, 2003 Amended Protective Order. Therefore, pursuant 

to the terms of the Amended Protective Order, Plaintiff respectfully Moves to File its Reply 

Memorandum of Law in Support of Its Motion for Leave to File a Second Amended Complaint 

Under Seal. 

Respectfully Submitted, 

_____________________ 

Lewis R. Olshin 

Wayne A. Mack 

Seth A. Goldberg 

Duane Morris LLP 

One Liberty Place 

Philadelphia, Pennsylvania 19103-7396 

 

Richard A. Feinstein 

Daniel A. Kotchen 

Boies, Schiller & Flexner LLP 

5301 Wisconsin Avenue, N.W., Suite 800 

Washington, D.C. 20015 

Attorneys for 

THE CHESTER COUNTY HOSPITAL

Case 2:02-cv-02746-JP Document 128 Filed 09/05/2003 Page 3 of 4
PH2\751787.1

IN THE UNITED STATES DISTRICT COURT FOR 

THE EASTERN DISTRICT OF PENNSYLVANIA 

THE CHESTER COUNTY HOSPITAL : CIVIL ACTION 

 : NO. 02-2746 

 v. : 

 : 

INDEPENDENCE BLUE CROSS, : 

QCC INSURANCE COMPANY, : 

KEYSTONE HEALTH PLAN EAST, and : 

KEYSTONE MERCY HEALTH PLAN :

ORDER

AND NOW, on this _____ day of ___________________, 2003, upon consideration of 

The Chester County Hospital’s Motions for Leave to File a Reply Memorandum of Law in 

Support of Its Motion for Leave to File a Second Amended Complaint, and its Motion to file said 

Memorandum of Law Under Seal, it is hereby ORDERED that the Motions are GRANTED, and 

the Reply Memorandum of Law attached to said Motion for Leave is deemed filed. 

BY THE COURT: 

___________________________________ 

JOHN R. PADOVA 

United States District Judge 

Case 2:02-cv-02746-JP Document 128 Filed 09/05/2003 Page 4 of 4