Summit Health, Inc. v. APS Healthcare Bethesda, Inc.
| Summit Health, Inc. |
| APS Healthcare Bethesda, Inc. |
| 1:2011cv09718 |
| December 30, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Westchester |
| Edgardo Ramos |
| Lisa Margaret Smith |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Defendant |
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Filing
190
OPINION AND ORDER re: 176 SUPPLEMENTAL MOTION for Attorney Fees for Litigation Expenses and Interest filed by APEX Employee Wellness Services Inc. For the reasons set forth above, the Court awards APEX attorneys' fees and inter est pursuant to this Opinion and directs the parties to submit an updated joint calculation of attorneys' fees and interest consistent with this Opinion within 14 days. Interest will not accrue for these 14 days. The Clerk of the Court is respectfully directed to terminate the motions, Doc. 176. It is SO ORDERED. (Signed by Judge Edgardo Ramos on 11/5/2018) (ne)
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Filing
151
OPINION AND ORDER re: 126 MOTION to Set Aside Judgment . filed by APS Healthcare Bethesda, Inc., 113 MOTION for Attorney Fees , Nontaxable Expenses and Interest. filed by APEX Employee Wellness Services Inc. Plaintiff moves the Court for an order awarding Plaintiff: (1) prejudgment interest based on the jury verdict; (2) litigation expenses, including attorneys' fees; (3) interest on the litigation expenses; and (4) post-judgment interest pursuant to 28 U.S .C. § 1961(a). Doc. 113. Defendant moves for "relief from final judgment pursuant to Federal Rules of Civil Procedure 59(e) and 60(b)(2) and (3)," including for a new trial to the extent necessary. Doc. 126. (As further set forth in this Order.) For the reasons set forth above, Defendant's Motion pursuant to Rule 59(e) and Rule 60(b) is DENIED. Plaintiff's motion for fees and interest is GRANTED in part and DEFERRED in part. Specifically, Plaintiff's motion is GRANTED with respect to their request for prejudgment interest and post-judgment interest. It is hereby: ORDERED that Plaintiff is awarded prejudgment interest at 9 percent per annum against Defendant and that the previously-entered judgment shall be amended to include prejudgment interest in the amount of $435,574. The Clerk of the Court is directed to enter an amended judgment for Plaintiff against Defendant for damages and prejudgment interest in the amount of the $1,522,176 aw arded in the judgment (Doc. 112), plus the $435,574 in prejudgment interest ordered here, for a total of$1,957,750; and it is further ORDERED that Plaintiff is awarded post-judgment interest on the August 4, 2014 judgment (Doc. 112) at.12 percent per annum against Defendant. Plaintiff's motion with respect to attorneys' fees, nontaxable expenses, and interest on the litigation expenses is DEFERRED pending appeal. The Clerk of the Court is respectfully directed to terminate the motions, Doc. 113, Doc. 126. (Signed by Judge Edgardo Ramos on 2/1/2017) (cf)
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Filing
61
OPINION AND ORDER re: 42 MOTION to Amend/Correct, filed by APS Healthcare Bethesda, Inc., 38 MOTION for Summary Judgment, filed by Summit Health, Inc. For the reasons set forth above, Plaintiff's motion for summary judgment is GRANTED IN PAR T and DENIED IN PART. Defendant's motion for leave to file an amended answer and counterclaim is DENIED. The Clerk of the Court is respectfully directed to terminate the motions (Docs. 38, 42). The parties are instructed to file a joint pretrial order in accordance with Rule 3(A) of the undersigned's Individual Practices by February 26, 2014, and to appear for a pretrial conference on March 5, 2014 at 4:00 p.m., at which time the Court will set a trial date, a final pretrial conference date, and a schedule for all pretrial filings. It is SO ORDERED. (Pretrial Order due by 2/26/2014.), (Pretrial Conference set for 3/5/2014 at 04:00 PM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 1/24/2014) (ja)
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| Plaintiff: Summit Health, Inc. | |
| Represented By: | Jeff Edward Butler |
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| Defendant: APS Healthcare Bethesda, Inc. | |
| Represented By: | Gayle Elise Pollack |
| Represented By: | Howard S. Wolfson |
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