Multiplan, Inc. et al v. Holland et al

Filing 32

PRELIMINARY INJUNCTION/ORDER granting in part and denying in part 23 Motion for Temporary Restraining Order. Granted as to the defendant, Kevin Barrett, doing business as Quest Financial Recovery Service, and denied as to the defendant Steven W. Holland, doing business as Physical Therapy Clinic of Gulfport. See Preliminary Injunction for more details. Signed by Chief District Judge Louis Guirola, Jr. on 10/21/14 (RLW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
MULTIPLAN, INC., and PRIVATE
HEALTHCARE SYSTEMS, INC.
v.

PLAINTIFFS
CAUSE NO. 1:14CV315-LG-RHW

STEVEN W. HOLLAND, doing business as
Physical Therapy Clinic of Gulfport, and
KEVIN BARRETT, doing business as Quest
Financial Recovery Services

DEFENDANTS

PRELIMINARY INJUNCTION
BEFORE THE COURT is the Second Motion for Temporary Restraining
Order [23] filed by the plaintiffs, Multiplan, Inc. and Private Healthcare Systems,
Inc. A hearing was held on the plaintiffs’ Motion on October 21, 2014. The
defendant, Steven W. Holland, appeared and represented himself at the hearing,
but the defendant, Kevin Barrett, did not appear. Both defendants also provided
written responses in opposition to the Motion. Since the defendants were provided
with notice of the hearing on the plaintiffs’ Motion for Temporary Restraining Order
and they have both responded to the Motion, the Court finds that the plaintiffs’
Motion should be construed as a Motion for a Preliminary Injunction.
For the reasons stated in this Court’s prior Order [7] granting the plaintiffs’
first request for a Temporary Restraining Order and for the reasons stated on the
record at the hearing held in this matter and after considering additional evidence
presented at the hearing, the Court finds that the Motion should be granted as to
Barrett, but denied as to Holland. The $5000.00 bond previously posted by the
plaintiffs shall remain in effect.

IT IS, THEREFORE, ORDERED AND ADJUDGED that the Motion for
Temporary Restraining Order [23] filed by the plaintiffs, Multiplan, Inc. and
Private Healthcare Systems, Inc., which this Court has construed as a Motion for a
Preliminary Injunction, is GRANTED as to the defendant, Kevin Barrett, doing
business as Quest Financial Recovery Services, and DENIED as to the defendant,
Steven W. Holland, doing business as Physical Therapy Clinic of Gulfport.
IT IS, FURTHER, ORDERED AND ADJUDGED that Kevin Barrett,
doing business as Quest Financial Recovery Services, and his officers, agents,
employees, representatives, and attorneys, and any other person(s) acting in active
concert with him or on his behalf, is hereby enjoined from filing and threatening to
file a Commercial Lien, or any other lien or unlawful proceedings, against the
plaintiffs, or their clients, their officers, agents, employees, representatives, and
attorneys, in any manner so as to harass the plaintiffs, their clients, officers,
agents, employees, representatives, and attorneys, and/or encumber their property
or any other belongings.
SO ORDERED AND ADJUDGED this the 21st day of October, 2014.

s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
CHIEF U.S. DISTRICT JUDGE

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