Doyle v. Sebelius

Filing 22

STIPULATION and ORDER for Compromise Settlement signed by Judge Oliver W. Wanger on 9/7/2010. CASE CLOSED. (Bradley, A)

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Doyle v. Sebelius Doc. 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 B E N JA M IN B. WAGNER U n ite d States Attorney Y O S H IN O R I H. T. HIMEL #66194 A s sis ta n t U. S. Attorney 5 0 1 I Street, Suite 10-100 S a c ra m e n to , California 95814 T e le p h o n e : (916) 554-2760 A tto rn e ys for Defendant IN THE UNITED STATES DISTRICT COURT FOR THE E A S T E R N DISTRICT OF CALIFORNIA C A T H E R IN E H. DOYLE, P la in tif f , v. K A T H L E E N SEBELIUS, Secretary, Dept. of H e a lth and Human Services, D e f e n d a n t. 1 :0 9 -c v -0 1 5 6 9 -O W W -D L B S T I P U L A T IO N AND ORDER F O R COMPROMISE SETTLEM EN T 16 17 18 19 20 21 22 23 24 25 26 27 28 T h e parties hereby settle this action on the following terms: 1 . Plaintiff must pay to defendant the sum of Twenty-Five Thousand Dollars ($ 2 5 ,0 0 0 .0 0 ). If paid by a paper check, the settlement payment must be payable to the U N IT E D STATES OF AMERICA and supplied to the United States Attorney's Office. If p a id by electronic funds transfer, the settlement payment will accord with arrangements to be m a d e between counsel. In any event, the settlement payment must be received by the 14th d a y after the Court's approval of this stipulation. 2 . This settles all of plaintiff's claims of error in the administrative decision judicially re v ie w e d in this action, namely, the Decision of the Medicare Appeals Council regarding C a th e rin e Doyle, ALJ Appeal Number 1-348080291, HIC Number WA 478-24-9221, dated A u g u s t 6, 2009. STIPULATION AND ORDER FOR COMPROMISE SETTLEMENT Page 1 1 2 3 4 5 6 7 8 9 10 11 12 3 . This settles all of defendant's claims under the Medicare Secondary Payer program f o r reimbursement, double damages and interest arising from the accident that occurred on O c to b e r 14, 2006. 4 . Except as provided in the next paragraph, the action hereby is DISMISSED WITH P R E J U D IC E , each side to bear its own costs, expenses and attorney's fees. 5. The Court shall retain jurisdiction should it become necessary to enforce this settlement. Dated: August 24, 2010 YARRA, KHARAZI & ASSOCIATES By: /s/ Nick Aniotzbehere NICK ANIOTZBEHERE Dated: August 17, 2010 13 14 15 16 17 18 19 20 21 IT IS SO ORDERED. 22 23 24 25 26 27 28 Dated: September 7, 2010 emm0d6 Dated: August 26, 2010 BENJAMIN B. WAGNER United States Attorney By: /s/ Y Himel YOSHINORI H. T. HIMEL Assistant U. S. Attorney JANET WEBSTER, as guardian ad litem for CATHERINE DOYLE By: /s/ Janet Webster JANET WEBSTER ORDER /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE STIPULATION AND ORDER FOR COMPROMISE SETTLEMENT Page 2

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