Parma Community General Hospital v. Premier Anesthesia of Parma et al

Filing 134

Memorandum Opinion and Order denying 114 plaintiff's motion for reconsideration. Judge Donald C. Nugent(C,KA)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

PARMA COMMUNITY GENERAL
HOSPITAL,
Plaintiff,
v.
PREMIER ANESTHESIA OF
PARMA, et al.,
Defendants.

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CASE NO. 1:09 CV 325

JUDGE DONALD C. NUGENT

MEMORANDUM OPINION
AND ORDER

This matter is before the Court on Plaintiff, Parma Community General Hospital’s
Motion For Reconsideration of the February 4, 2011 Order. (ECF #114). Plaintiff alleges that
Defendant, Premier Anesthesia of Parma (“Premier”) concealed material evidence relating to the
meaning of the December Settlement Letters, and that this newly discovered evidence supports
Plaintiff’s interpretation of the meaning and enforceability of the language contained therein.
However, as Defendant, Premier has pointed out, this Court previously found that the language
contained in the Settlement Agreement is unambiguous and clear on its face. Therefore,
extrinsic evidence cannot be considered in an attempt to show that the written terms of the
agreement did not reflect the actual intent of the parties. The alleged “new evidence” is

therefore irrelevant to the enforcement of the settlement agreement, whether or not it might shed
light on the parties original intent, and whether or not the evidence had been “concealed” prior to
the Court’s original ruling.

Plaintiff’s Motion for Reconsideration, is, therefore, DENIED. IT

IS SO ORDERED.

/s/ Donald C. Nugent
DONALD C. NUGENT
United States District Judge
DATED:

April 19, 2011

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