WARD et al v. MOST HEALTH SERVICES, INC. et al

Filing 80

ORDER THAT THIS CASE IS DISMISSED WITH PREJUDICE PURSUANT TO AGREEMENT OF COUNSEL. SIGNED BY HONORABLE LOUIS H. POLLAK ON 12/21/2009. 12/23/2009 ENTERED AND COPIES MAILED, E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF PENNSYLVANIA

J U A N IT A WARD, P l a in tif f , C iv il Action No. 06-4646 v. M O S T HEALTH SERVICES, INC., et a l., D e f e n d a n ts .

ORDER A N D NOW, this 21st day of December 2009, upon consideration of the parties' C o n s e n t Motion to Vacate the January 6, 2009 Order of Dismissal and to Enter a Nunc P r o Tunc Consent Order of Dismissal, and for the reasons enumerated in the a c c o m p a n yin g memorandum, it is hereby ORDERED as follows: (1 ) T h e Order entered in this case on January 6, 2009, by Magistrate Judge M. F a ith Angell (docket no. 73) is VACATED; D e f en d a n t Richard Barry Levine bargained for, and obtained, a general re le a se . Pursuant to that release, which remains in full force, Dr. Levine h a s been released as to any and all past, present, and future claims that have b e e n , could have been, or could in the future be brought by any person or e n tity with regard to damages and/or injuries arising out of the facts and in c id e n ts at issue in this case; A CONSENT JUDGMENT, which was bargained for in the 2006 se ttle m e n t agreement, as amended, between plaintiff and Most Health S e rv ice s, Inc. and Most Healthcare Systems, Inc. ("the Most entities"), is e n ter e d in favor of plaintiff against the Most entities. Judgment shall be in th e amount of $3,000,000;

(2 )

(3 )

(4)

T h is case is DISMISSED WITH PREJUDICE pursuant to the agreement of c o u n se l; and D is m is s a l of this action shall not preclude plaintiff from enforcing her c o n se n t judgment with the Most entities by bringing suit against any and all in s u re rs or underwriters, or agents of insurers or underwriters, who may h a v e provided insurance, indemnity, or claims services to or on behalf of th e Most entities.

(5 )

B Y THE COURT: /s /L o u is H. Pollak P o l la k , J.