Omni Healthcare Inc. et al v. Health First, Inc. et al
ORDER granting 380 Motion to Compel Counsel for the Boone Plaintiffs to Meaningfully Meet and Confer, or, in the Alternative for an Order Authorizing Distribution of Settlement Proceeds for Which There is No Reasonable Basis to Dispute and Incorporated Memorandum of Law. Signed by Judge Roy B. Dalton, Jr. on 4/19/2017. (VMF)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OMNI HEALTHCARE INC.;
INTERVENTIONAL SPINE INSTITUTE
OF FLORIDA; CRAIG DELIGDISH;
C. HAMILTON BOONE, PA; BRIAN
DOWDELL; RICHARD GAYLES; STAN
GOLOVAC; LANCE GRENEVICKI;
ALEKSANDER KOMAR; SCOTT
SEMINER; INSTITUE OF FACIAL
SURGERY INC.; THE PAIN INSTITUTE
INC.; and PHYSICIAN ASSISTANT
SERVICES OF FLORIDA, LLC,
Case No. 6:13-cv-1509-Orl-37DCI
HEALTH FIRST, INC.; HOLMES
REGIONAL MEDICAL CENTER, INC.;
HEALTH FIRST PHYSICIANS, INC.;
HEALTH FIRST HEALTH PLANS,
INC.; MICHAEL D. MEANS; and
The parties settled this antitrust action on August 15, 2016, and announced such
settlement in open court the following day. (See generally Doc. 372.) Due to disputes raised
by a subset of Plaintiffs referred to as the Boone Plaintiffs, 1 the Court ordered that the
settlement proceeds remain in escrow until the resolution of all disagreements
C. Hamilton Boone, Lance Grenevicki, Alexander Komar, the Institute of Facial
Surgery, Inc., and Physician Assistant Services of Florida, LLC.
surrounding its allocation, including pending motions for sanctions and allegations of
double-counted damages. (Id. at 15–16.) Presently, the Omni Plaintiffs 2 move for
distribution of the portion of settlement proceeds “for which there is no reasonable basis
to dispute.” 3 (Doc. 380 (“Motion”).) In support, the Omni Plaintiffs attached an Interim
Distribution Statement, which differentiates: (1) reasonably disputed amounts withheld
from the requested distribution; and (2) the remaining amounts sought at the present
time. (Doc. 380-1.) These distinctions were also thoroughly discussed in the Motion.
In addition, the Motion sets out the measures taken by the Omni Plaintiffs to
meaningfully confer with counsel for the Boone Plaintiffs, Mr. Adam Levine
(“Mr. Levine”), about these amounts. (Doc. 380, pp. 2–7.) The Omni Plaintiffs represent
that, despite being ordered by the Undersigned to do so (see Doc. 379, p. 3), Mr. Levine
has not engaged in a substantive discussion about his objections to distribution (Doc. 380,
As provided by the Local Rule 3.01(b), a party opposing a motion must file a
response that includes a memorandum of legal authority within fourteen days of
receiving service. Therefore, if Mr. Levine intended to oppose the Motion, he was
required to file such response on or before Thursday, April 13, 2017. Having failed to do
Omni Healthcare Inc., Interventional Spine Institute of Florida, Craig Deligdish,
Brian Dowdell, Richard Gayles, Stan Golovac, Scott Seminer, and The Pain Institute Inc.
3 The Omni Plaintiffs refer to such amounts as “amounts for which there is no
reasonable basis to dispute,” because the Boone Plaintiffs have indicated their opposition
to certain amounts yet provided no specific explanation. (See generally Doc. 380.)
According to the Omni Plaintiffs’ Local 3.01(g) certification, Defendants either do not
oppose or take no position as to Motion. (Doc. 380, p. 14.)
so, the Court will grant the motion as unopposed.
Accordingly, it is ORDERED AND ADJUDGED as follows:
Omni Plaintiffs’ and Whatley Kallas, LLP’s Motion to Compel Counsel for
the Boone Plaintiffs to Meaningfully Meet and Confer, or, in the Alternative
for an Order Authorizing Distribution of Settlement Proceeds for Which
There is No Reasonable Basis to Dispute and Incorporated Memorandum
of Law (Doc. 380) is GRANTED.
Upon receipt of this Order, the escrow agent at the location where the
pertinent settlement proceeds are held is AUTHORIZED AND
DIRECTED to immediately distribute the amounts set forth in the Interim
Distribution Sheet (Doc. 380-1) to attorney Joe R. Whatley of the law firm of
Whatley Kallas, LLP. The total amount to be distributed is $25,249,179.56.
Attorney Joe R. Whatley is DIRECTED to provide the Court with
certification immediately upon:
Distribution of these amounts from the escrow agent; and
Distribution of these amounts to the ultimate recipients.
DONE AND ORDERED in Chambers in Orlando, Florida, on April 19, 2017.
Counsel of Record
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