Opinion
2:21-cv-00909-JAD-DJA
04-14-2023
RALPH A. SCHWARTZ, PC, Professional Corporation; Plaintiff, v. JAMES M. SNYDER, individually; OPERATING ENGINEERS LOCAL 501 SECURITY FUND, doing business in Clark County, State of Nevada; COMMUNITY AMBULANCE; INNOVATIVE PAIN CARE CENTER; J. PAUL WIESNER & ASSOCIATES, CHARTERED, a Nevada Domestic Professional Corporation d/b/a RADIOLOGY ASSOCIATES OF NEVADA; FREMONT EMERGENCY SERVICES SCHERR, LTD., a Nevada Domestic Professional Corporation; VALLEY HEALTH SYSTEM LLC, a Foreign Limited-Liability Company d/b/a SPRING VALLEY HOSPITAL MEDICAL CENTER; MICHAEL SCHNEIER NEUROSURGICAL CONSULTING, P.C., a Nevada Domestic Professional Corporation; DIGNITY HEALTH, a Foreign Nonprofit Corporation d/b/a ST. ROSE DOMINICAN, SIENA CAMPUS; LAW OFFICES OF STEPHENSON, ACQUISTO & COLMAN, INC., a California corporation; HEALTHCARE REVENUE RECOVERY GROUP, LLC, a Foreign Limited-Liability Company d/b/a HRRG; PLUSFOUR, INC., a Nevada Domestic Corporation; DOES 1 through 10, inclusive; and ROE CORPORATIONS 1 through 10, inclusive, Defendants.
Ralph A. Schwartz, Esq. Nevada Bar No. 5488 RALPH A. SCHWARTZ, PC Attorneys for Plaintiff LAW OFFICES OF STEPHENSON, ACQUISTO & COLMAN, INC Venetia Byars, Esq. Attorneys for Defendant DIGNITY HEALTH d/b/a ST. ROSE DOMINICAN, SIENA CAMPUS GABROY LAW OFFICES Christian Gabroy, Esq. GABROY LAW OFFICES Attorneys for Defendant MICHAEL SCHNEIER NEUROSURGICAL CONSULTING, P.C. WEINBERG, ROGER & ROSENFELD Kristina L. Hillman, Esq. Sean W. McDonald, Esq. WEINBERG, ROGER & ROSENFELD Attorneys for Defendant OPERATING ENGINEERS LOCAL 501 SECURITY FUND
Ralph A. Schwartz, Esq. Nevada Bar No. 5488 RALPH A. SCHWARTZ, PC Attorneys for Plaintiff
LAW OFFICES OF STEPHENSON, ACQUISTO & COLMAN, INC Venetia Byars, Esq. Attorneys for Defendant DIGNITY HEALTH d/b/a ST. ROSE DOMINICAN, SIENA CAMPUS
GABROY LAW OFFICES Christian Gabroy, Esq. GABROY LAW OFFICES Attorneys for Defendant MICHAEL SCHNEIER NEUROSURGICAL CONSULTING, P.C.
WEINBERG, ROGER & ROSENFELD Kristina L. Hillman, Esq. Sean W. McDonald, Esq. WEINBERG, ROGER & ROSENFELD Attorneys for Defendant OPERATING ENGINEERS LOCAL 501 SECURITY FUND
STIPULATION AND ORDER FOR PRO RATA DISTRIBUTION and FINAL JUDGMENT
ECF No. 54
Plaintiff, by and through its the undersigned counsel, and Defendants, by and through their undersigned counsel, hereby stipulate and agree as follows:
IT IS HEREBY STIPULATED AND AGREED that all answering Defendants who have timely answered the Complaint in Interpleader have valid liens against James M. Snyder's recovery as follows:
OPERATING ENGINEERS LOCAL 501 Security Fund--$14,524.98
IT IS FURTHER STIPULATED AND AGREED that Attorney's fees be awarded to Plaintiff at the contracted rate of 33 1/3% in the amount of $8,333.33 and costs in the amount of $2,141.69.
IT IS FURTHER STIPULATED AND AGREED that the remaining $14,524.98 be distributed to Defendant OPERATING ENGINEERS LOCAL 501 Security Fund, which timely filed an Answer to the Complaint in Interpleader.
IT IS FURTHER STIPULATED AND AGREED that the providers are not prevented from pursuing James M. Snyder for the balance of their respective bills.
IT IS FURTHER STIPULATED AND AGREED that this will act as a final judgment as to all other parties.
IT IS FURTHER STIPULATED AND AGREED that this matter may be dismissed with prejudice.
ORDER
This matter having been stipulated to by the parties, through then respective counsel, and the Court being otherwise duly advised;
IT IS HEREBY ORDERED that all answering Defendants who have timely answered the Complaint in Interpleader have valid liens against James M. Snyder's recovery as follows:
OPERATING ENGINEERS LOCAL 501 Security Fund-$ 14,524.98
IT IS FURTHER ORDERED that attorney's fees be awarded to plaintiff at the contracted rate of 33 1/3% in the amount of $8,333.33 and costs in the amount of $2,141.69.
IT IS FURTHER ORDERED that the remaining $14,524.98 be distributed to Defendant OPERATING ENGINEERS LOCAL 501 Security Fund, which timely filed an Answer to the Complaint in Interpleader.
IT IS FURTHER ORDERED that the providers are not prevented from pursuing Janies M. Snyder for the balance of their respective bills.
IT IS FURTHER ORDERED that the Clerk of Court is directed to ENTER FINAL JUDGMENT ACCORDINGLY, dismiss all remaining claims and parties, and CLOSE THIS CASE.