Universal Health Group v. Allstate Insurance Company

Filing 84

ORDER adopting 82 Report and Recommendation. Signed by District Judge Victoria A Roberts. (CPin)

-MJH Universal Health Group v. Allstate Insurance Company

Doc. 84

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION UNIVERSAL HEALTH GROUP, Plaintiff -vsCase No: 2:09-cv-12524 HON. VICTORIA ROBERTS United States District Judge HON. MICHAEL HLUCHANIUK United States Magistrate Judge ALLSTATE INSURANCE COMPANY, Defendant CRAIG S. ROMANZI (P45549) CRAIG S. ROMANZI & ASSOCIATES Attorney for Plaintiff 2850 Dixie Highway Waterford MI 48328 [phone] [phone]-fax KAREN W. MAGDICH (P62746) DARLENE M. GERMAINE (P43180) MAGDICH & ASSOCIATES, P.C. Attorneys for Defendant 21600 Novi Road, Suite 700 Novi, Michigan 48375 [phone] [phone]-fax

MAGDICH & ASSOCIATES, PC

NOTICE OF ENTRY OF ORDER PURSUANT TO E.D.Mich.LR 58.1(c) To:
CRAIG S. ROMANZI (P45549)

PLEASE TAKE NOTICE that the attached proposed Order has been submitted to the Honorable Victoria A. Roberts for execution and entry. Pursuant to LR 58.1(c), the Order will be entered if no objections are received within seven (7) days of the date hereof.
MAGDICH & ASSOCIATES, PC /s/Darlene M. Germaine (P43180) KAREN W. MAGDICH (P62746) DARLENE M. GERMAINE (P43180) MAGDICH & ASSOCIATES, PC Attorneys for Defendant 21600 Novi Road, Suite 700 Novi, Michigan, 48375 [phone]

DATED: July 26, 2010

Dockets.Justia.com

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION UNIVERSAL HEALTH GROUP, Plaintiff -vsCase No: 2:09-cv-12524 HON. VICTORIA ROBERTS United States District Judge HON. MICHAEL HLUCHANIUK United States Magistrate Judge ALLSTATE INSURANCE COMPANY, Defendant CRAIG S. ROMANZI (P45549) CRAIG S. ROMANZI & ASSOCIATES Attorney for Plaintiff 2850 Dixie Highway Waterford MI 48328 [phone] [phone]-fax KAREN W. MAGDICH (P62746) DARLENE M. GERMAINE (P43180) MAGDICH & ASSOCIATES, P.C. Attorneys for Defendant 21600 Novi Road, Suite 700 Novi, Michigan 48375 [phone] [phone]-fax

MAGDICH & ASSOCIATES, PC

ORDER REGARDING DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT At a session of said Court held in the County of Wayne, State of Michigan, On September 8, 2010. PRESENT: Victoria A. Roberts U.S. DISTRICT COURT JUDGE This matter having come before the Court upon the agreement of the parties for dismissal of certain no-fault claims as reflected in the Court's Order Granting Defendant's Motion for Protective Order (Dkt.23) footnote 1, and the Court otherwise being advised in the premises, now therefore:

IT IS ORDERED that with regard to Defendant's Motion for Partial Summary Judgment, only, the following eight (8) claims for no-fault benefits are dismissed in their entirety pursuant to the one-year back rule, MCLA 500.3145, as follows: Derrick Taylor Tyrone Townsend Tammy Yousif Michael Litt Shagufta Babar Cecilia Magana Christina McCahan IT IS FURTHER ORDERED that with regard to Defendant's Motion for Partial Summary Judgment, the following six (6) claims for no-fault benefits are partially barred by the one-year back rule, MCLA 500.3145, and are dismissed for the periods set forth below, as follows:
MAGDICH & ASSOCIATES, PC

Asma Alamomani Mary Green Earnest Robinson Latoya Rosario Kevin Williams Kaylee Yancee

barred from 5/22/06 up to 5/28/08 barred from 4/15/08 up to 5/28/08 barred from 9/14/07 up to 5/28/08 barred from 11/27/07 up to 5/28/08 barred from 8/1/07 up to 5/28/08 barred from 3/21/08 up to 5/28/08

IT IS FURTHER ORDERED that the claim for recovery of medical expenses for Tracy Johnson is barred as to Allstate pursuant to release and therefore, said claim is dismissed from this action. However, nothing in this Order shall operate to preclude recovery of payment for said services from Ms. Johnson and/or her counsel directly, to whom Allstate made payment to as part of settlement. This order does not resolve the last pending issues of this matter.

Approved as to form and content:

S/Victoria A. Roberts U.S. DISTRICT COURT JUDGE

/s/DARLENE M. GERMAINE (P43180) DARLENE M. GERMAINE (P43180) KAREN W. MAGDICH (P62746) MAGDICH & ASSOCIATES, P.C. Attorneys for Plaintiff 21600 Novi Road, Suite 700 Novi, Michigan, 48375 [phone] [e-mail]

MAGDICH & ASSOCIATES, PC

__________________________ CRAIG S. ROMANZI (P45549) ROMANZI & ATNI Attorney for Plaintiff 2850 Dixie Highway Waterford MI 48328 [phone] [e-mail]

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION UNIVERSAL HEALTH GROUP, Plaintiff -vsCase No: 2:09-cv-12524 HON. VICTORIA ROBERTS United States District Judge HON. MICHAEL HLUCHANIUK United States Magistrate Judge ALLSTATE INSURANCE COMPANY, Defendant CRAIG S. ROMANZI (P45549) CRAIG S. ROMANZI & ASSOCIATES Attorney for Plaintiff 2850 Dixie Highway Waterford MI 48328 [phone] [phone]-fax KAREN W. MAGDICH (P62746) DARLENE M. GERMAINE (P43180) MAGDICH & ASSOCIATES, P.C. Attorneys for Defendant 21600 Novi Road, Suite 700 Novi, Michigan 48375 [phone] [phone]-fax

MAGDICH & ASSOCIATES, PC

PROOF OF SERVICE I Linda Saunders, hereby certify that on July 26, 2010, I electronically filed Notice of Entry of Order Pursuant to E.D.Mich.LR 58.1(c) along with Order Regarding Defendant's Motion for Partial Summary Disposition, to all parties of the record as follows: CRAIG S. ROMANZI (P45549) CRAIG S. ROMANZI & ASSOCIATES Attorney for Plaintiff 2850 Dixie Highway Waterford MI 48328 /s/Linda Saunders