Polevich v. Calvo's Selectcare et al
||Charles Thomas Polevich
||Calvo's Selectcare and Does 1 Through 20
||January 6, 2017
||US District Court for the District of Guam
||Frances M. Tydingco-Gatewood
||Joaquin V.E. Manibusan
|Nature of Suit:
||Employee Retirement Income Security Act of 1974
|Cause of Action:
|Jury Demanded By:
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|September 24, 2019
Decision and Order granting 51 Defendants' Renewed Motion for Summary Judgment. The Court finds that there is no dispute of material fact that Calvo's treated all the medical claims at issue, including the claim for care on January 22, 2 014, as emergency medical care. Polevich has had ample opportunity to move to amend the Second Amended Complaint to allege a different theory of breach and has not done so. For these reasons, the Court GRANTS Defendants' Renewed Motion for Summary Judgment. The Clerk is directed to enter judgment in favor of Defendants Tokio Marine Pacific Insurance Limited and Calvo's Insurance Underwriters, Inc., and to close the case. Signed by Chief Judge Ramona V. Manglona on 9/24/2019. (fad, )
|September 13, 2018
Report And Recommendations re 23 Motion for Summary Judgment. For the reasons stated herein, the court recommends Chief Judge Manglona GRANT the Defendants' Motion for Summary Judgment as to the breach of contract claim. In light of the c ourt's recommendation, the court vacates the Preliminary Pretrial Conference scheduled for September 14, 2018, and further recommends that Chief Judge Manglona vacate the trial herein and associated deadlines pending a final ruling on the Motion for Summary Judgment. Signed by Magistrate Judge Joaquin V.E. Manibusan, Jr on 9/13/2018. (fad, )
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