WEAVER, et al v. MOBILE DIAGNOSTECH, et al

Filing 377

MEMORANDUM ORDER granting 375 Motion to Enter Consent Judgment, as explained therein. Plaintiffs shall file attorney fee petition and calculation of amount by 9/19/14. Defendants shall file a response by 9/29/14. Signed by Judge Terrence F. McVerry on 8/22/14. (mh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ANGELA W EAVER and DOM ENICK SALVATORE,
derivatively, as limited partner, on
behalf of AM D SOUTHFIELD M ICHIGAN LIM ITED
PARTNERSHIP, a M ichigan Limited Partnership,
Plaintiffs,
v.
M OBILE DIAGNOSTECH, INC., a Pennsylvania
Corporation; M DX CORPORATION, a Pennsylvania
Corporation, A. JEROM E DIGIACOBBE, JR. and
CALVIN F. ZONTINE, and ALPHA
M EDICAL CONSULTANTS, INC.
Defendants.

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2:02-cv-1719

ORDER OF COURT
AND NOW, this 22ND day of August, 2014, upon consideration of the MOTION TO
ENTER CONSENT JUDGMENTS (ECF NO. 375) filed by Angela Weaver and the response
in opposition thereto filed by Defendants (ECF NO. 376), and it appearing that:
A. This Court has retained jurisdiction to enforce the Settlement and Mutual Release
Agreement of December 21, 2009 (“Settlement”). See Settlement §§ 7(e) and 20;
ECF NO. 371 (Court approval of Settlement);
B. Pursuant to the terms of the Settlement, Consent Judgments were entered in the
Court of Common Pleas of Allegheny County, Pennsylvania in favor of Domenick
Salvatore, Angela Weaver and Marcus & Shapira, LLP and against, inter alia, Mobile
Diagnostech, Inc., MDX Corporation, A. Jerome DiGiacobbe, Jr. and Bonnie
DiGiacobbe, his wife, and Calvin F. Zontine and Sandra Zontine, his wife
(collectively, the “Co-Obligors”);
C. The Co-Obligors have admitted that they are in default under the Settlement because
they have failed to make the required Deferred Settlement Payments, despite notice
of default and expiration of the cure period;
D. The original amount of each Consent Judgment was $7,000,000, but substantial
payments have been made such that the outstanding balance due on each Consent
Judgment as of April 25, 2014 was $2,695,150.00, plus interest; and
E. Plaintiffs are entitled to recover reasonable attorney fees pursuant to Settlement § 8;

NOW, THEREFORE, it is hereby ORDERED, ADJUDGED and DECREED that the
MOTION TO ENTER CONSENT JUDGMENTS (ECF NO. 375) is GRANTED. Consent
Judgments will be entered in favor of Domenick Salvatore, Angela Weaver and Marcus & Shapira,
LLP and against Mobile Diagnostech, Inc., MDX Corporation, A. Jerome DiGiacobbe, Jr. and
Bonnie DiGiacobbe, his wife, and Calvin F. Zontine and Sandra Zontine, his wife, in the amount of
$2,695,150.00 plus accrued and accruing interest and reasonable attorney fees.
On or before September 19, 2014 Plaintiffs shall file their reasonable attorney fee
petition and a calculation of the total amount of the outstanding balance (including interest) as of
October 1, 2014. Defendants shall file their response, if any, on or before September 29, 2014.

BY THE COURT:

s/ Terrence F. McVerry
United States District Court Judge
cc:

Jill Lockinar Bradley, Esquire
Email: [e-mail]
Robert M. Barnes, Esquire
Email: [e-mail]
John R. O'Keefe, Jr., Esquire
Email: [e-mail]
Patrick Sorek, Esquire
Email: [e-mail]
Manning J. O'Connor, II, Esquire
Email: [e-mail]