Opinion
Case No.: 02-5906
September 12, 2003
GERALD C. STERNS, ELIZABETH W. WALKER, SUSIE INJIJIAN, STERNS WALKER, for Plaintiff
Elizabeth W. Walker, Sterns Walker, Oakland, CA, for Plaintiff, Linda Brown
ORDER ON PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT
The court has considered plaintiff Linda Brown's Application for Default Judgment pursuant to Rule 55(b) of the Federal Rules of Civil Procedure. The clerk of court entered default on May 21, 2003. After considering the court's file, the supporting Declaration of Elizabeth W. Walker, and good cause appearing, the Court
GRANTS the motion for default judgment and renders judgment as follows:
1. Federal Express and Connecticut General Life Insurance Company are not entitled to any money from Linda Brown for payments they made because of injuries she suffered on April 23, 1999.
2. Federal Express and Connecticut General Life Insurance Company have no interest in any funds paid to Linda Brown by any party because of the auto accident on April 23, 1999, in which she suffered personal injuries.
3. Sterns and Walker owes nothing to Federal Express or Connecticut General Life Insurance Company by virtue of their purported lien.
4. The sum of $60,273.60 is ordered to be released to Linda Brown by Sterns and Walker.
5. Federal Express is ordered to pay to Linda Brown the sum of $6,010.94 in reasonable attorney's fees under ERISA, 29 U.S.C. § 1132(g) pursuant to Federal Rule of Civil Procedure 54(d), for efforts made to resolve claims against her for unpaid medical bills that were the responsibility of Federal Express under an ERISA governed plan.
6. Federal Express is ordered to pay to Linda Brown the sum of $289.12 for amounts she became obligated to pay Hills Physicians Medical Group, to resolve lien claims against her because Federal Express and Connecticut General Life Insurance Company failed to honor the terms of her Health Plan.
7. Federal Express and is ordered to pay to Linda Brown the sum of $480.00 to reimburse her for paying the American Medical Response West lien, an obligation that should have been paid under her ERISA Health Plan.
8. Federal Express is ordered to pay to Linda Brown the sum of $9.63 to reimburse her for paying the Bay Imaging Consultants, an obligation that should have been paid under her ERISA Health Plan.
9. Alta Bates Medical Center is not entitled to any money from Linda Brown, her attorneys, or any other entity because of treatment provided to her following an automobile accident on April 23, 1999.
10. Integrated Healthcare Recovery Services is not entitled to any money from Linda Brown, her attorneys or any other entity because of medical treatment furnished to Linda Brown by Alta Bates Medical Center following an automobile accident on April 23, 1999.
11. Funds held in trust by Caudle Welch Umipeg in the amount of $23,296.04 are ordered to be promptly released to Linda Brown and her attorneys of record.
12. Alta Bates Medical Center is ordered to pay to Linda Brown the sum of $55 for the process server fee and $275.00 for reasonable attorney's fees related to service pursuant to California Code of Civil Procedure Section 415.30 for its failure to acknowledge receipt of summons.
13. Integrated Healthcare Recovery Services is ordered to pay to Linda Brown the sum of $160.00 for the process server fee and $275.00 for reasonable attorney's fees related to service pursuant to California Code of Civil Procedure Section 415.30 for its failure to acknowledge receipt of summons.
IT IS SO ORDERED.