Transcription Communications Corporation v. John Muir Health et al

Filing 77

AMENDED JUDGMENT. Signed by Judge Thelton E. Henderson on 05/15/09. (rbe, COURT STAFF) (Filed on 5/15/2009)

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HANSON BRIDGETT LLP JAMES D. HOLDEN - 42872 [e-mail] BATYA F. SWENSON - 192396 [e-mail] ADAM W. HOFMANN - 238476 [e-mail] 425 Market Street, 26th Floor San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant JOHN MUIR HEALTH UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

TRANSCRIPTION COMMUNICATIONS CORPORATION, Plaintiff, v. JOHN MUIR HEALTH, et al., Defendants.

No. 08-cv-04418-TEH [PROPOSED] AMENDED JUDGMENT ON ORDERS GRANTING DEFENDANT JOHN MUIR HEALTH'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND AWARDING ATTORNEYS' FEES AND RELATED LIEN TO JOHN MUIR HEALTH Action Filed: July 7, 2008 Removal Filed: September 22, 2008 Trial Date: TBD

Based upon this Court's March 13, 2009 "Order on Defendants' Motions to Dismiss," granting defendant John Muir Health's ("John Muir") "Motion to Dismiss for Failure to State a Claim" with prejudice, and upon this Court's April 28, 2009 Order Awarding Attorneys' Fees and Related Lien to John Muir Health, granted on the basis of a stipulation between John Muir and plaintiff Transcription Communications Corporation ("Plaintiff"), the Court hereby amends its March 27, 2009 Judgment as follows: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: 1. Plaintiff take nothing from John Muir, and that Plaintiff's claims against

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John Muir are DISMISSED WITH PREJUDICE; 2. John Muir is awarded $15,000.00 in attorneys' fees, subject to the terms of

the related "Settlement Agreement" between Plaintiff and John Muir; 3. John Muir is granted a lien in its favor against any moneys recoverable

pursuant to the terms of the aforementioned Settlement Agreement, up to a total of $15,000.00, recovered by TCC, whether by judgment, settlement, or otherwise, from John Muir's co-defendants or any other individual or entity in the above-captioned matter or in any subsequent matter involving the facts or claims alleged by TCC herein.

IT IS SO ORDERED,

UNIT ED

THE HON. THELTON HENDERSON

United States District Judge

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05/15/09 DATED: ________________________

By:

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