Liberty Mutual Insurance Co v. Gunderson et al

Filing 364

ORDER granting in part and denying in part 351 Motion for Permanent Injunction ; denying 354 Motion for Hearing. Signed by Judge James T Trimble, Jr on 11/02/09. (crt,Harrison, U)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAKE CHARLES DIVISION

LIBERTY MUTUAL INSURANCE COMPMY VS. DR. CL4RK GUNDERSON, ET AL

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DOCKET NO. 04-2405 JUDGE TRIMBLE MAGISTRATE JUDGE METHYIN

ORDER Pursuant to the Memorandum Ruling of this date, IT IS ORDERED that the motion for permanent injunction is hereby GRANTED in part and DEN~EDin part; pursuant to the Anti-Injunction Actt and the All Writs Act,2 defendants, George R~ymond illiams, M.D., Frank W. Lopez, M.D., Joseph Turk, D.C., The Barczyk Clinic, W a Professi~rnaI hiropractic Corp, Fayez K. Shamieh, M.D. and Beutler-England Chiropractic Clinic C are hereby PERMANENTLY ENJOINED from re-litigating in any court or administrative agency in the State of Louisiana against First Health Group, Inc. and/or its "authorized payors"3 the issues of(l) whether or not the First Health Provider Agreements are valid and enforceable because there are no prohibitions in the Louisiana Workers' Compensation law that prevent a provider from agreeing t~ harge and receive discounted rates for the services they provide to occupationally ill or c injured wbrkers, and (2) whether or not First Health Group, Inc., as a group purchaser, or such 28 U.s.C.
2

§ 2283. § 1651(a).

~8 U.S.C.

~ ~uthorized payors include those who can establish a contractual relationship with CCN and be pr~perlydentified in the payor lists pursuant to the CCN Provider Agreements. i

agreements of CCN are exempt from the notice provisions required by Louisiana Revised Statute 40:2203. ~; otherwise the motion is DENIED. fl~ S FURTHER ORDERED that the motion for oral argument (doc. #354) is hereby I DENIED as the Court finds that it is not necessary. TftUS DONE AND SIGNED in Chambers at Lake Charles, Louisiana, this November, 2009.
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day of

JA~EST. TRIMBLE, JR. UN~TED TATES DISTRICT JUDGE S