Free Other Notice - District Court of Arizona - Arizona

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B EGAM L EWIS M ARKS & W OLFE
A PROFESSIONAL ASSOCIATION OF LAWYERS

IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Mary O'Dowd ) ) Plaintiff, ) ) v. ) ) John Alden Health Insurance Co.; Fortis ) Health; Fortis, Inc.; Black Corporations I- ) II ) ) Defendants. ) ) ) )

NO. CIV-03-2383-PHX-MHM

[PROPOSED] JUDGMENT

(Assigned to the Honorable Mary H. Murguia)

This matter came before the court at hearing on April 18, 2005, after briefing by the parties, and The Court having ruled that defendants Motion for Summary Judgment be denied, and that the Plaintiffs Cross-Motion for Summary Judgment be granted, IT IS ORDERED: 1. That Judgment be entered in favor of the plaintiffs and against the

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defendant John Alden Heath Insurance Company.

156349

Case 2:03-cv-02383-MHM

Document 70-2

Filed 10/18/2005

Page 1 of 2

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B EGAM L EWIS M ARKS & W OLFE
A PROFESSIONAL ASSOCIATION OF LAWYERS

2.

That the defendant resume paying for the plaintiff s nutritional

formula (Jevity), and feeding tube equipment and supplies, as they are covered benefits under the group health insurance policy. 3. That defendant pay, or reimburse plaintiff for, any and all unpaid

costs for plaintiff s nutritional formula, feeding tube, equipment and supplies, plus interest accrued. 4. 5. $ That plaintiff recover her taxable costs. That plaintiff recover reasonable attorneys fees in the amount of %, as provided by law.

, with interest on said amounts at the rate of

DATED this 30th day of September, 2005.

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156349

-2Document 70-2 Filed 10/18/2005 Page 2 of 2

Case 2:03-cv-02383-MHM