Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Court has noted in a previous Order (Doc. 27) that Defendant John Alden has asserted in an Amended Answer that Defendant Fortis, Inc. is not a proper party to this lawsuit.
Case 2:03-cv-02383-MHM Document 72 Filed 11/28/2005 Page 1 of 2
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Mary O'Dowd,

) ) Plaintiff, ) ) vs. ) ) ) John Alden Health Insurance Company;) Fortis Health; Fortis, Inc.; et al., ) ) Defendants. ) ) )

No. CIV-03-2383 -PHX-MHM ORDER

On September 22, 2005, the Court entered an Order granting Plaintiff's motion for summary judgment and denying Defendants' motion for summary judgment. (Doc. 65). Each party has lodged or submitted a proposed form of judgment. (Doc. 69 & 70). Each party has filed objections to the respective forms of judgment that have been submitted. (Doc. 68 & 71).1 Defendant's objection that Plaintiff's feeding tube equipment and supplies were not at issue in this case is overruled. Defendant's objection that Plaintiff's request for an award of attorneys' fees and non-taxable expenses is premature is granted.

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Plaintiff's objection that Plaintiff's feeding tube equipment and supplies are included as a covered benefit is granted. Plaintiff's objection that Defendant is liable for any interest or penalty for overdue payments for covered charges that may be charged to Plaintiff is granted. Plaintiff's objection that an award of attorneys' fees should be included in the judgment is overruled as premature. Accordingly, IT IS ORDERED that Defendants' objections to the Plaintiff's proposed form of judgment (Doc. 68) are granted in part and overruled in part. IT IS FURTHER ORDERED that Plaintiff's objections to Defendants' proposed form of judgment (Doc. 71) are granted in part and overruled in part. DATED this 22nd day of November, 2005.

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