GENERAL ELECTRIC CAPITAL CORPORATION v. ONCOLOGY ASSOCIATES OF OCEAN COUNTY LLC et al

Filing 61

ORDER denying 52 Defts OAOC's Motion to Strike Co-Deft Dr. Berkowitz's Reply Brief; denying 54 Defts OAOC's Motion for New Hearing and Immediate Stay to Conduct Discovery into Improper Stealth Agreement between Co-Deft Berkowitz an d Pltf General Electric Capital Corporation; denying 27 Defts OAOC's Motion to Stay Proceedings and for Appropriate Equitable Relief; that the 44 REPORT AND RECOMMENDATION issued by Magistrate Judge Tonianne J. Bongiovanni is hereby adopted, as modified; that a Writ of Replevin shall issue effective 1/2/2012. Signed by Judge Anne E. Thompson on 12/12/2011. (gxh)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

GENERAL ELECTRIC CAPITAL
CORPORATION,
Plaintiff,
v.
ONCOLOGY ASSOCIATES OF OCEAN
COUNTY LLC, et al.,

Civil No. 10-1972 (AET)
ORDER

Defendants.

THOMPSON, U.S.D.J.
For the reasons stated in this Court’s Opinion on this same day
IT IS on this _12th_ day of December, 2011
ORDERED that Defendants OAOC’s Motion for a New Hearing and Immediate Stay to
Conduct Discovery into Improper Stealth Agreement Between Co-Defendant Berkowitz and
Plaintiff General Electric Capital Corporation [Docket # 54] is DENIED; and it is
ORDERED that Defendants OAOC’s Motion to Strike Co-Defendant Dr. Berkowitz’s
Reply Brief is DENIED, however the Court has disregarded the Berkowitz filing for the
purposes of its review [52]; and it is
ORDERED that Defendants’ OAOC’s Motion to Stay Proceedings and for Appropriate
Equitable Relief is DENIED [27]; and it is
ORDERED that the Report and Recommendation issued by Magistrate Judge Tonianne J.
Bongiovanni is hereby adopted, as modified [44]; and it is

ORDERED that a Writ of Replevin shall issue effective January 2, 2012, commanding
the U.S. Marshal to assist and take possession of the Varian Linear Accelerator and a Goldseal
Lightspeed QX/I with Oncology Package, along with any other medical equipment to which it is
entitled (collectively, the “Equipment”) presently in the possession of Oncology Associates of
Ocean County, LLC, located at 19 Mule Road, Toms River, NJ 08755, and the U.S. Marshal is
directed to oversee re-possession by Plaintiff and/or its agents or representatives; and it is
ORDERED that if Defendant Oncology Associates has relocated any Equipment to any
location inside or outside of the jurisdiction that the Defendant shall retrieve such Equipment and
advise the U.S. Marshal of the same within two days of the attempt at repossession; and it is
ORDERED that a copy of this Order shall be served by the Plaintiff within (5) days of
the Writ of Replevin’s effective date.

/s/ Anne E. Thompson
ANNE E. THOMPSON, U.S.D.J.