Free Objection - 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

One South Church Avenue Suite 700 Tucson, Arizona 85701-1611 Facsimile No.: (520) 622-3088 Telephone: (520) 622-2090 Stephen M. Bressler, State Bar No. 09032 Email: [email protected] Brenden J. Griffin, State Bar No. 016197 Email: bgriffin$lrlaw.com Attorneys for Defendant John Elden Life Insurance Company

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

No. CIV-03-2383-PHX-MHM OBJECTION TO PROPOSED JUDGMENT

John Alden Health Insurance Company objects to the form and substance of the Proposed Judgment that plaintiff filed on Friday, September 30, 2005, for the following reasons. Paragraph 2 of the proposed judgment assumes that plaintiff's "feeding tube equipment and supplies" were at issue in this litigation. They were not. Only the question of coverage of her formula (Jevity) was at issue. Paragraph 3 of the proposed judgment asserts that all of the "unpaid costs" of plaintiff's "formula, feeding tube, equipment and supplies" are covered under the policy. As noted above, this litigation concerned only coverage of the formula (Jevity). Regardless, charges for "unpaid costs" would be processed according to the terms of the policy. As such, co-payments, co-insurance and deductibles may apply. Paragraph 5 purports to award plaintiff her attorneys' fees before the parties have discussed payment of those fees. That paragraph also purports to include interest on such fees before they have become liquidated. That is not proper.
Case 2:03-cv-02383-MHM Document 68 Filed 10/06/2005 Page 1 of 2

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

DATED this 6th day of October, 2005. LEWIS AND ROCA LLP

By s/Brenden J. Griffin Stephen M. Bressler Brenden J. Griffin Attorneys for Defendant John Alden Life Insurance Company

CERTIFICATE OF SERVICE I certify that on this 6th day of October, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following registrant: Elliot G. Wolfe, Esq. Michelle D. Johnson, Esq. Begam, Lewis, Marks & Wolfe, P.A. 111 West Monroe Street, Suite 1400 Phoenix, Arizona 85003-1787 Email: [email protected] Attorneys for Plaintiff COURTESY COPY of the foregoing hand-delivered this 6th day of October, 2005, to: The Honorable Mary H. Murguia United States District Court District of Arizona 401 W. Washington Phoenix, AZ 85003

s/Joan E. Mitchell

Case 2:03-cv-02383-MHM

Document 68

Filed 10/06/2005

Page 2 of 2
186184.1

2