IV Solutions, Inc. v. Pacificare Life and Health Insurance Company et al

Filing 72

JUDGMENT by Judge S. James Otero. IT IS ORDERED, ADJUDGED AND DECREED THAT: 1. Judgment shall be entered in favor of PacifiCare and against Plaintiff IV Solutions, Inc. (IVS); 2. IVS shall take nothing by this action; 3. The Court dismisses the above-captioned action with prejudice; and 4. PacifiCare shall recover its costs. (MD JS-6, Case Terminated). (lom)

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October 16, 2017

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VC
P

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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IV SOLUTIONS, INC., a California
corporation,
Plaintiff,

[State Complaint No. BC 630193
Filed: August 11, 2016]
Hon. James Otero

v.
PACIFICARE LIFE AND HEALTH
INSURANCE COMPANY, an
Indiana corporation; and DOES 1
through 30, inclusive,

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Case No. 2:16-cv-07153-SJO-MRW

Defendant.

JUDGMENT
Hearing Date: Vacated per FRCP 78(b)
Hearing Time: Vacated per FRCP 78(b)
Courtroom: 10C

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C ROWELL
& M ORING LLP

[PROPOSED] JUDGMENT;
CASE NO. 2:16-CV-07153-SJO-MRW

ATTORNEYS AT LAW

LAACTIVE-602860880-2

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The Court, having granted Defendant PacifiCare Life and Health Insurance
Company’s (“PacifiCare”) Motion for Summary Judgment, orders as follows:

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IT IS ORDERED, ADJUDGED AND DECREED THAT:

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1.

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Judgment shall be entered in favor of PacifiCare and against Plaintiff

IV Solutions, Inc. (“IVS”);

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2.

IVS shall take nothing by this action;

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3.

The Court dismisses the above-captioned action with prejudice; and

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4.

PacifiCare shall recover its costs.

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IT IS SO ORDERED.

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Dated:

October 16, 2017

__________________________
Hon. James Otero
United States District Judge

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& M ORING LLP

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ATTORNEYS AT LAW

LAACTIVE-602860880-2

[PROPOSED] JUDGMENT;
CASE NO. 2:16-CV-07153-SJO-MRW

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PROOF OF SERVICE
I, Debra A. Jackson, state:
My business address is 3 Park Plaza, 20th Floor, Irvine, CA 92614-8505. I
am over the age of eighteen years and not a party to this action.
On the date set forth below, I served the foregoing document(s) described as:

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[PROPOSED] JUDGMENT

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on the following person(s) in this action:

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Counsel for Plaintiff IV Solutions:

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Marc E. Rohatiner (SBN. 82709)
[e-mail]
Eric Levinrad (SBN 169025)
[e-mail]
WOLF, RIFKIN, SHAPIRO, SCHULMAN & RABKIN, LLP
11400 W. Olympic Blvd., 9th Floor
Los Angeles, CA 90064-1582
310-478-4100
Fax: [phone]

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

BY FIRST CLASS MAIL: I am employed in the County of Orange
County where the mailing occurred. I enclosed the document(s)
identified above in a sealed envelope or package addressed to the
person(s) listed above, with postage fully paid. I placed the envelope
or package for collection and mailing, following our ordinary business
practice. I am readily familiar with this firm’s practice for collecting
and processing correspondence for mailing. On the same day that
correspondence is placed for collection and mailing, it is deposited in
the ordinary course of business with the United States Postal Service.



BY ELECTRONIC MAIL: Based on a court order or an agreement of
the parties to accept service by electronic mail, I caused the
document(s) identified above to be transmitted electronically to the
person(s) at the e-mail address(es) listed above. I did not receive,
within a reasonable time after the transmission, any electronic message
or other indication that the transmission was unsuccessful.

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I declare under penalty of perjury under the laws of the United States and the
State of California that the foregoing is true and correct.
Executed on October 13, 2017, at Irvine, California.

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Debra A. Jackson

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& M ORING LLP

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ATTORNEYS AT LAW

LAACTIVE-602860880-2

MEMORANDUM OF POINTS AND AUTHORITIES ISO
MOTION FOR SUMMARY JUDGMENT;
CASE NO. 2:16-CV-07153-SJO-MRW