Herrick v. General Reinsurance, et al

Filing 168

ORDER ADOPTING REPORT AND RECOMMENDATION, AND GRANTING IN PART AND DENYING IN PART 758 AND 786 for (133 in 2:03-cv-02705-JDB-tmp, 758 in 2:04-md-01551-JDB-tmp, 140 in 2:03-cv-02859-JDB-tmp) Motion for Entry of Judgment under Rule 54(b), filed by Christie Clinic, PC, David Herrick, (857 in 2:04-md-01551-JDB-tmp) Report and Recommendations, (123 in 2:04-cv-02410-JDB-tmp, 786 in 2:04-md-01551-JDB-tmp) Motion for Entry of Judgment under Rule 54(b), filed by Schumacher Group, Inc., ORD ER, Motions terminated: (133 in 2:03-cv-02705-JDB-tmp, 140 in 2:03-cv-02859-JDB-tmp, 758 in 2:04-md-01551-JDB-tmp) MOTION for Entry of Judgment under Rule 54(b) Plaintiff's Motion for Partial Final Judgment In Re a Certain Settlement and Escrow Agreement and Memorandum in Support thereof (proposed order submitted) filed by Christie Clinic, PC, David Herrick, (857 in 2:04-md-01551-JDB-tmp) REPORT AND RECOMMENDATIONS re (815) Joint MOTION for Hearing Over Approval Orde r For Settlement Involving Plaintiffs and Defendant Directors & Officers filed by Leslie Newman,, (123 in 2:04-cv-02410-JDB-tmp, 786 in 2:04-md-01551-JDB-tmp) MOTION for Entry of Judgment under Rule 54(b) (Proposed Order Submitted) filed by Schumacher Group, Inc... Signed by Judge J. Daniel Breen on 9/24/12. Associated Cases: 2:04-md-01551-JDB-tmp, 2:03-cv-02705-JDB-tmp, 2:03-cv-02859-JDB-tmp, 2:04-cv-02410-JDB-tmp(Breen, J.)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
In re
RECIPROCAL OF AMERICA (ROA)
SALES PRACTICE LITIGATION,

Master File No. 04-MD-1151

This document relates to:
Christie Clinic, LLC v. General Reinsurance Corp., et al., No. 03-cv-2879
David Herrick, et al. v. General Reinsurance Corp., et al., No. 03-cv-2705
The Schumacher Group, Inc. v. General Reinsurance Corp., et al., No. 04-cv-2410
_____________________________________________________________________________
ORDER ADOPTING REPORT AND RECOMMENDATION, AND GRANTING IN
PART AND DENYING IN PART D.E. 758 AND 786
____________________________________________________________________________
Pursuant to an order of reference entered on March 26, 2012, the magistrate judge issued a
report and recommendation dated August 1, 2012 (D.E. 857) on the joint motion of the RRG
Receiver, the Hospital Policyholder Class and General Reinsurance Corporation for a hearing with
respect to pending motions for approval of settlement between all Plaintiffs and the directors and
officers of ROA (D.E. 815). The pending motions referred to in D.E. 815 included (1) the motion
of Christie Clinic, LLC ("Christie") for a partial final judgment order, pursuant to Rule 54(b) of the
Federal Rules of Civil Procedure, as to the motion of Christie and Dr. David Herrick in regard to a
certain settlement and escrow agreement (D.E. 758) and (2) the motion of The Schumacher Group,
Inc. for a Rule 54(b) certification of partial final judgment and order finding that the settlement of
claims against the directors and officers of ROA and related companies did not impede its ability
to pursue its personal claims and acknowledging reservation of its rights to pursue such personal
claims (D.E. 786). The magistrate judge granted the request for hearing, which took place on July
17, 2012.

The magistrate judge recommended that D.E. 758 and 786 be granted in part and denied in
part. The magistrate judge further recommended entry of a proposed final order certifying Rule
54(b) partial final judgment attached as an exhibit to the report and recommendation. No objections
to the report and recommendation have been filed by either party.
Having reviewed the magistrate judge's report and recommendation, and the entire record
of the proceeding before the magistrate judge, the Court ADOPTS the magistrate judge's report and
recommendation. It is therefore ORDERED that the magistrate judge’s report and recommendation
be ADOPTED. The motions at D.E. 758 and 786 are GRANTED IN PART AND DENIED IN
PART on the grounds articulated in the report and recommendation.
IT IS SO ORDERED this 24th day of September 2012.
s/ J. DANIEL BREEN
UNITED STATES DISTRICT JUDGE

2