Lawrence Saks et al v. International Longshore & Warehouse Union-Pacific Maritime Association Benefit Plans et al

Filing 213

JUDGMENT by Judge John A. Kronstadt: Plaintiffs Saks and Madison Parktake nothing under their First Amended Complaint, that Counter-Defendant Saks pay damages to Counter-Plaintiffs Plan and Trustees under the SACC in the amount of $468,608.16, t hat Counter-Defendant Madison Park pay damages to Counter-Plaintiffs Plan and Trustees under the SACC in the amount of 457,411.51, that judgment be entered in favor Defendants and Counter-Plaintiffs Plan and Trustees in this matter, and that Defendants and Counter-Plaintiffs recover their costs and reasonable attorneys' fees in an amount to be determined. (MD JS-6, Case Terminated). (ir)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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LAWRENCE SAKS, M.D., dba,
RECONSTRUCTIVE SURGERY
ASSOCIATES, dba,
RECONSTRUCTIVE SURGERY
AFFILIATES; and MADISON PARK
SURGERY AND LASER CENTER,
dba, MADISON PARK SURGERY
AFFILIATES,
Plaintiffs,

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vs.

Case No. 2:09-cv-02885-JAK-Ex
JUDGMENT
JS-6

Hearing Date:
Hearing Time:
Location:
Judge:

INTERNATIONAL LONGSHORE &
WAREHOUSE UNION - PACIFIC
MARITIME ASSOCIATION
BENEFIT PLANS; and DOES 1 to 200,
Inclusive,
Defendants.

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ILWU-PMA WELFARE PLAN, AND
ILWU-PMA WELFARE PLAN
TRUSTEES,
Counter-Plaintiffs,

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vs.
LAWRENCE SAKS, M.D., dba,
RECONSTRUCTIVE SURGERY
ASSOCIATES, dba,
RECONSTRUCTIVE SURGERY
AFFILIATES; and MADISON PARK
SURGERY AND LASER CENTER,
dba, MADISON PARK SURGERY
AFFILIATES, DOES 300-350,
Counter-Defendants.

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JUDGMENT
Case No. 09-cv-02885-JAK-Ex

May 20, 2013
8:30 a.m.
Courtroom 750
Hon. John A.
Kronstadt

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This action came on for hearing on December 15, 2011, the Hon. John A.
Kronstadt, District Judge, presiding, on the Motion for Summary Judgment on
Plantiffs’ First Amended Complaint (Dkt. 93), filed by Defendants ILWU-PMA
Welfare Plan (“Plan”) and ILWU-PMA Board of Trustees (“Trustees”) (collectively
“Defendants”), with the evidence presented having been fully considered, the issues
having been duly heard, and a decision duly rendered striking all claims of Plaintiff
Madison Park Surgery and Laser Center, dba Madison Park Surgery Affiliates
(“Madison Park”), and granting summary judgment against Plaintiff Lawrence Saks,
M.D. (dba Reconstructive Surgery Associates, dba Reconstructive Surgery Affiliates)
(collectively “Saks”). (Dkt 136.)
This action came on for further hearing on March 4, 2013, the Hon. John A.
Kronstadt, District Judge, again presiding, on the Motion for Partial Summary
Judgment on Counter-Plaintiffs’ Second Amended Counterclaim (“SACC”), for
Breach of Contract Claim, against Counter-Defendant Saks (Dkt. 175), filed by
Counter-Plaintiffs Plan and Trustees (collectively “Counter-Plaintiffs”), with the
evidence presented having been fully considered, the issues having been duly heard,
and a decision duly rendered granting summary judgment against Counter-Defendant
Saks, and holding that there is no genuine issue of material fact that CounterDefendant Saks’ breach of contract caused Counter-Plaintiffs to suffer damages in the
amount of $468,608.16. (Dkt. 204.)
On April 3, 2012, Counter-Plaintiffs sought entry of default as to CounterDefendant Madison Park as to their SACC. Dkt. 144. Default was entered by the
Court against Madison Park on April 4, 2012. Dkt. 146. On January 12, 2013,
Madison Park moved for, among other things, an order setting aside the entry of
default against it as to the SACC. Dkt. 173. On March 13, 2013, the Court entered an
order denying Madison Park’s motion. Dkt. 204. On March 21, 2013, CounterPlaintiffs filed an Application For Default Judgment By Court Against Madison Park,

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JUDGMENT
Case No. 09-cv-02885-JAK-Ex

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seeking entry of a default judgment against Madison Park in the amount of
$457,411.51, plus an award of costs and attorneys’ fees to be determined, which
application came on for hearing on May 20, 2013, the Hon. John A. Kronstadt, District
Judge, again presiding, and was granted.
IT IS ORDERED AND ADJUDGED that Plaintiffs Saks and Madison Park
take nothing under their First Amended Complaint, that Counter-Defendant Saks pay
damages to Counter-Plaintiffs Plan and Trustees under the SACC in the amount of
$468,608.16, that Counter-Defendant Madison Park pay damages to Counter-Plaintiffs
Plan and Trustees under the SACC in the amount of 457,411.51, that judgment be
entered in favor Defendants and Counter-Plaintiffs Plan and Trustees in this matter,
and that Defendants and Counter-Plaintiffs recover their costs and reasonable
attorneys’ fees in an amount to be determined.

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Dated: May 30, 2013

_________________________
Hon. John A. Kronstadt,
United States District Judge

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JUDGMENT
Case No. 09-cv-02885-JAK-Ex