The agreement, discussed during a pre-motion conference on Nov. 21, outlines deadlines for filings and requests an extension of page limits for the briefings.
Five things to know:
- Epic Systems will file its motion to dismiss by Dec. 19 with a page limit of 35 pages.
- Particle Health will submit its opposition by Jan. 9, 2025, also capped at 35 pages.
- Epic will file its reply in support of the motion by Jan. 24, 2025, limited to 15 pages.
- The parties have jointly requested that Judge Naomi Reice Buchwald approve the schedule and the extended page limits. The court’s approval of the briefing schedule is pending.
- The case, filed in the U.S. District Court for the Southern District of New York, stems from a lawsuit filed on Sept. 23 by Particle Health, a data platform that aggregates and delivers actionable patient information to healthcare organizations. The lawsuit claims that Epic Systems is unlawfully preventing Particle Health from entering the growing market for payer platforms. Additionally, Particle alleges that Epic has made false complaints about the company and overwhelmed its support team with “unfounded security concerns.” In response to the lawsuit, an Epic spokesperson told Becker’s that Particle’s claims are baseless.
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