Montefiore Medical Center v. Teamsters Local, 272 et al
| Montefiore Medical Center |
| Teamsters Local, 272, Fred Alston, Local 272 Welfare Fund and Mark Goodman |
| 1:2009cv03096 |
| March 31, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| Harold Baer |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1132 E.R.I.S.A.: Civil Enforcement of Employee Benefits |
| Plaintiff |
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Filing
163
ORDER ADOPTING REPORT AND RECOMMENDATIONS for (157 in 1:09-cv-03096-RA-SN) Motion to Approve filed by Montefiore Medical Center, (125 in 1:14-cv-10229-RA-SN, 162 in 1:09-cv-03096-RA-SN) Report and Recommendations,, (120 in 1:14-cv-10229-RA-SN) Motion to Approve filed by Montefiore Medical Center. As no objections to the Report were filed, the Court has reviewed Judge Netburn's Reportfor clear error. The Court finds no error and thus adopts the well- reasoned Report in its entirety . Accordingly, Montefiore shall be awarded prejudgment interest in the amount of $309,069.65. The Clerk of Court is respectfully directed to terminate the motions pending at Dkt. 157 in case No. 09-cv-3096 and at Dkt. 120 in case No. 14-cv-10229, enter judgment, and close these two cases. SO ORDERED. (Signed by Judge Ronnie Abrams on 9/14/2020) (rj) Transmission to Orders and Judgments Clerk for processing.
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Filing
153
OPINION AND ORDER re: (142 in 1:09-cv-03096-RA-SN) MOTION for Attorney Fees . filed by Montefiore Medical Center, (105 in 1:14-cv-10229-RA-SN) MOTION for Attorney Fees . filed by Montefiore Medical Center. Montefiore' s motion for attorneys' fees and costs is GRANTED in part and DENIED in part. Specifically, the Court(1) approves the hourly rates proposed by Montefiore; (2) applies a 75% reduction for fees and costs incurred up to and including the trial in the First Action, but otherwise adopts Montefiore's reductions as proposed; (3) excludes 11.2 hours billed by three of GW's paralegals; (4) imposes an additional 20% reduction on the total number of hours expended; and (5) removes $13.09 in costs. Within seven days of the date of this Opinion & Order, Montefiore is directed to submit a proposed judgment consistent with this ruling for the Court's consideration. The Clerk of the Court is respectfully directed to terminate the motions at Docket Nos. 142 (09-CV-3096) and 105 (14-CV-10229). SO ORDERED. (Signed by Judge Ronnie Abrams on 9/19/2019) (kv) Transmission to Finance Unit (Cashiers) for processing.
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Filing
141
ORDER ADOPTING REPORT AND RECOMMENDATION: for (106 in 1:09-cv-03096-RA-SN) Report and Recommendation, (103 in 1:14-cv-10229-RA-SN) Report and Recommendation. Accordingly, it is hereby ORDERED that: Montefiore shall not be reimbursed for the ERISA claims of patients O.M., O.N., and F.P.; Montefiore shall be reimbursed for the ERISA claims of patients M.S. and J.B. with respect to any medical costs arising from emergency room treatment that these patients received, but not with respect to any t reatment that these patients received after being admitted to the hospital; Montefiore shall be reimbursed for the ERISA claim of patient B-11 with respect to any medical costs arising from emergency room treatment that this patient received, but not with respect to any treatment that this patient received after being admitted to the hospital; Montefiore shall be awarded pre-judgment interest at the federal prime rate with respect to its post-MagnaCare ERISA claims from the First and Second Acti ons, and shall submit its proposed calculations of the proper amount of this interest to Judge Netburn for approval; and Montefiore shall be awarded pre-judgment interest in the amount of $475,185 arising from its successful breach of contract c laims in the First Action. As the parties were previously advised, the choice not to file written objections waives appellate review of this decision. See United States v. James, 712 F.3d 79, 105 (2d Cir. 2013). The Clerk of Court is respectfully dir ected to terminate the motion pending at Dkt. 124 in case 09-CV-3096 and at Dkt. 87 in case 14-cv-10229. The cases shall remain open so that Montefiore may renew its application for attorney's fees incurred in litigating its ERISA claims in these actions. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/12/2019) (ama) Transmission to Orders and Judgments Clerk for processing.
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Filing
111
ORDER ADOPTING REPORT AND RECOMMENDATION: for 106 Report and Recommendations. 95 Motion for Judgment filed by Montefiore Medical Center. Now before the Court is Magistrate Judge Netburn's Report and Recommendation (the "Report") (Dkt. 106), dated February 20, 2018, which recommends granting in part and denying in part Montefiore's motion. The parties have not filed any objections to the Report, and they have informed Judge Netburn that they do not intend to do so. Havi ng reviewed the Report for clear error, the Court hereby adopts it in its entirety. Accordingly, Montefiore is awarded (1) $42,698.03 for five of the Horizon claims, with three other claims remanded to the Fund, as originally ordered by Judge Ba er, see Report at 7-8, 25, reinstating in part Op. & Order (Dkt. 45); (2) $641,326 for the remaining MagnaCare claims, see Report at 25; and (3) 9% prejudgment interest for the Horizon claims and the fourteen state-law MagnaCare claims, see Report at 25-26.These judgments shall be set off by the amount of any payments for the Horizon and MagnaCare claims that the Fund has made since the trial. As the parties are aware, their decision to waive their right to file written objections also waives appellate review of this decision. The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. 95. The case shall remain open so that the parties and the Court can address the remaining claims in this case, which relate to the now-completed appeal in case No. 14-CV-10229. SO ORDERED. (Signed by Judge Ronnie Abrams on 4/03/2018) (ama) Modified on 4/4/2018 (ama).
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Filing
45
OPINION AND ORDER: And as described above, one of the Funds denials stated that the Fund had paid in full to MagnaCare, thus implicitly acknowledging that the services rendered to that patient were covered under the Plan. (Ex. S-6, at 272FUND-0003386 .) Indeed, that claim arose under the Funds contract with Horizon, yet the Fund claims to have paid MagnaCare. And neither the Horizon contract nor the Funds contract with MagnaCare provided that the Fund should remit payment to the PPO rather than d irectly to Montefiore. Without any evidence that the Fund paid the hospital, Montefiores claim here survives. claims are remanded to the Fund for reconsideration and resolution within 60 days. (Ex. S-I, at MMC272 00706,866,952.) The Clerk of the Court is instructed to close this case and remove it from my docket. SO ORDERED. (Signed by Judge Harold Baer on 6/25/2013) (ama) (Main Document 45 replaced on 6/25/2013) (ama).
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Filing
16
OPINION & ORDER:#98231 For the foregoing reasons, Montefiore's motion to withdraw its third and fourth causes of action is GRANTED. Montefiore's motion to remand is DENIED. Defendants' motion to dismiss and for costs is DENIED as moot. Pursuant to 28 U.S.C. § 1292(b), this Court certifies this action for interlocutory appeal because the ERISA preemption question addressed herein involves controlling issues of law as to which there is substantial ground for a difference of opi nion and an immediate appeal may materially advance the ultimate termination of the litigation. This action shall be stayed pending the outcome of such appeal. If no application is made to the United States Court of Appeals for the Second Circuit to accept the interlocutory appeal within the ten (10) days set forth in § 1292(b), or if the Second Circuit should deny any such application, the stay shall be automatically lifted and this action shall proceed in the ordinary course, including w ith a pretrial conference to be scheduled by the parties by calling Chambers. The Clerk of the Court is instructed to close the motions resolved herein (Docket Nos. 7 and 11). (Signed by Judge Harold Baer on 11/11/2009) (jpo) Modified on 11/12/2009 (jpo). Modified on 11/13/2009 (eef).
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