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 First 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. Plaintiff 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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E-FILED-8/7/17
LINK# 79

MICHAEL R. LINDSAY (SBN: 110845)
[e-mail]
ALICIA C. ANDERSON (SBN: 260937)
[e-mail]
IRENE SCHOLL-TATEVOSYAN (SBN: 301568)
[e-mail]
NIXON PEABODY LLP
300 S. GRAND AVE., SUITE 4100
LOS ANGELES, CA 90071-3151
Tel: [phone]
Fax: [phone]
Attorneys for Defendants
KAISER FOUNDATION HEALTH PLAN,
INC., KAISER FOUNDATION HOSPITALS
AND SOUTHERN CALIFORNIA
PERMANENTE MEDICAL GROUP

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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CAROLYN MEDINA, an individual,
Plaintiff,

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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.

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The Court, having granted the Motion for Summary Judgment filed by

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Defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, and

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Southern California Permanente Medical Group (“Defendants”) as it pertains to

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Plaintiff Carolyn Medina’s ERISA claim (Fourth Cause of Action) in her First

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Amended Complaint, with a remand of the remaining state law claims, and having

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considered the Request for Entry of Judgment also filed by Defendants, hereby

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GRANTS Defendants’ Request for Entry of Judgment and orders as follows:

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1.

Plaintiff Carolyn Medina shall take nothing from Defendants;

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2.

The Fourth Cause of Action in the First Amended Complaint filed by

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Plaintiff Carolyn Medina against Defendants shall be and is hereby

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DISMISSED WITH PREJUDICE;

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3.

Judgment in the federal litigation is hereby entered in favor of
Defendants, and against Carolyn Medina; and

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IT IS SO ORDERED.

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PHILIP S. GUTIERREZ
DATED: August __, 2017
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_____________________________________________

HON. PHILIP S. GUTIERREZ
UNITED STATES DISTRICT COURT JUDGE