Carolyn Medina v. Southern California Permanente Medical Group et al

Filing 80

JUDGMENT by Judge Philip S. Gutierrez, in favor of Kaiser Foundation Health Plan Inc, Kaiser Foundation Hospitals, Southern California Permanente Medical Group against Carolyn Medina: The Court, having granted the Motion for Summary Judgment filed by Defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, and Southern California Permanente Medical Group ("Defendants") as it pertains to Plaintiff Carolyn Medina's ERISA claim (Fourth Cause of Action) in her Fi rst Amended Complaint, with a remand of the remaining state law claims, and having considered the Request for Entry of Judgment also filed by Defendants, hereby GRANTS Defendants' Request for Entry of Judgment and orders as follows: 1. Plainti ff Carolyn Medina shall take nothing from Defendants; 2. The Fourth Cause of Action in the First Amended Complaint filed by Plaintiff Carolyn Medina against Defendants shall be and is hereby DISMISSED WITH PREJUDICE; 3. Judgment in the federal litigation is hereby entered in favor of Defendants, and against Carolyn Medina; and IT IS SO ORDERED. Related to: REQUEST for Judgment pursuant to F.R.C.P. 54(b), 58(a) and (d) 79 (bm)

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1 2 3 4 5 6 7 8 9 E-FILED-8/7/17 LINK# 79 MICHAEL R. LINDSAY (SBN: 110845) mlindsay@nixonpeabody.com ALICIA C. ANDERSON (SBN: 260937) acanderson@nixonpeabody.com IRENE SCHOLL-TATEVOSYAN (SBN: 301568) itatevosyan@nixonpeabody.com NIXON PEABODY LLP 300 S. GRAND AVE., SUITE 4100 LOS ANGELES, CA 90071-3151 Tel: 213-629-6000 Fax: 213-629-6001 Attorneys for Defendants KAISER FOUNDATION HEALTH PLAN, INC., KAISER FOUNDATION HOSPITALS AND SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP 10 11 UNITED STATES DISTRICT COURT 12 CENTRAL DISTRICT OF CALIFORNIA 13 14 CAROLYN MEDINA, an individual, Plaintiff, 15 16 17 18 19 20 21 vs. SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP, a partnership; KAISER FOUNDATION HOSPITALS, a corporation; KAISER FOUNDATION HEALTH PLAN, INC., a corporation; and DOES 1 through 10 inclusive, Case No. 2:16-CV-03109-PSG (JCx) [PROPOSED] JUDGMENT Honorable Philip S. Gutierrez Date Action Filed: March 15, 2016 Defendants. 22 23 24 25 The Court, having granted the Motion for Summary Judgment filed by 26 Defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, and 27 Southern California Permanente Medical Group (“Defendants”) as it pertains to 28 Plaintiff Carolyn Medina’s ERISA claim (Fourth Cause of Action) in her First 1 Amended Complaint, with a remand of the remaining state law claims, and having 2 considered the Request for Entry of Judgment also filed by Defendants, hereby 3 GRANTS Defendants’ Request for Entry of Judgment and orders as follows: 4 1. Plaintiff Carolyn Medina shall take nothing from Defendants; 5 2. The Fourth Cause of Action in the First Amended Complaint filed by 6 Plaintiff Carolyn Medina against Defendants shall be and is hereby 7 DISMISSED WITH PREJUDICE; 8 9 3. Judgment in the federal litigation is hereby entered in favor of Defendants, and against Carolyn Medina; and 10 11 IT IS SO ORDERED. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PHILIP S. GUTIERREZ DATED: August __, 2017 7 _____________________________________________ HON. PHILIP S. GUTIERREZ UNITED STATES DISTRICT COURT JUDGE

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