FOLEY et al v. HORIZON BLUE CROSS BLUE SHIELD OF NEW JERSEY, INC.

Filing 306

ORDER on informal application denying request compelling the deft. to deposit $2.45 million into an interest bearing account for disbursement to pay attorney's fees and costs. Signed by Magistrate Judge Patty Shwartz on 07/27/2011. (nr, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
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Plaintiffs,
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v.
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Civil Action No. 06-6219(FSH)
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HORIZON BLUE CROSS
: ORDER ON INFORMAL APPLICATION
BLUE SHIELD
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Defendant,
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____________________________________:
RONALD DRAZIN, et al.

This matter having come before the Court by way of submission dated July 27, 2011,
regarding the plaintiffs' request that the Undersigned enter an order directing the defendant to
deposit $2.45 million in an interest bearing account for disbursement to pay attorney fees and
costs once the Court rules on the fee dispute;
and the request asking the Court to compel an action that is not required by the settlement
agreement or the Final Approval Order;
and the plaintiffs having provided no legal authority for their request and presented no
information to suggest that the money that defendants agreed to pay is being dissipated or that
defendants are expected to lack the financial ability to pay the agreed-upon amount once the fee
dispute is resolved;
and the request therefore being tantamount to a request for an injunction;
and the Undersigned lacking the authority to grant an injunction;
IT IS THEREFORE ON THIS 27th day of July, 2011
ORDERED that the request that the Undersigned enter an Order compelling the
defendant to deposit $2.45 million into an interest bearing account for disbursement to pay

attorney’s fees and costs once the Court resolves the fee dispute is denied.

s/Patty Shwartz
UNITED STATES MAGISTRATE JUDGE