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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND MID ATLANTIC MEDICAL SERVICES: INC., : Plaintiff : : v. : : JOEL SEREBOFF and MARLENE : SEREBOFF, : Defendants : ...o0o...

CIVIL NO. AMD 03-2269

DECLARATORY JUDGMENT and ORDER In accordance with the foregoing Memorandum Opinion, it is this 26th day of January, 2004, by the United States District Court for the District of Maryland, ORDERED, ADJUDGED, and DECREED (1) ORDERED (2) That the plaintiff's motion for summary judgment is GRANTED IN PART That the defendants' motion to dismiss is DENIED; and it is further

AND DENIED IN PART; and it is further ORDERED (3) That ON OR BEFORE FEBRUARY 9, 2004, DEFENDANTS JOEL

SEREBOFF and MARLENE SEREBOFF SHALL PAY OVER TO PLAINTIFF OR ITS DESIGNEE THE PRINCIPAL SUM OF $74,869.37,TOGETHER WITH INTEREST AT THE LEGAL RATE OF SIX PERCENT PER ANNUM DATING FROM MARCH 12, 2003, PROVIDED THAT SUCH PAYMENT SHALL BE REDUCED BY THE AMOUNT CALCULATED PURSUANT TO PARAGRAPH (4) BELOW; and it is further ORDERED

(4)

That IN ACCORDANCE WITH THE TERMS OF THE MAMSI LIFE AND

HEALTH INSURANCE PPO, THE AMOUNT PAYABLE BY DEFENDANTS TO PLAINTIFF SHALL BE REDUCED BY PLAINTIFF'S PRO RATA SHARE OF "REASONABLE ATTORNEY FEES AND COURT COSTS," THE TOTAL AMOUNT OF WHICH THE COURT FINDS AS A MATTER OF LAW TO BE (a) (b) $26, 123.15 (COSTS AND LITIGATION EXPENSES) and A REASONABLE ATTORNEY FEE OF TWENTY-FIVE PERCENT

(25%) OF THE TOTAL RECOVERY ($750,000) PAID TO AND ON BEHALF OF JOEL SEREBOFF and MARLENE SEREBOFF IN RESPECT OF THEIR INJURIES AND LOSSES IN THE UNDERLYING STATE COURT CLAIM; and it is further ORDERED (5) That THIS ORDER IS ENTERED WITHOUT PREJUDICE TO

PLAINTIFF'S RIGHT TO SEEK AN AWARD OF ATTORNEY'S FEES AND COSTS AS PREVAILING PARTY IN THIS ACTION; and it is further ORDERED (6) Any and all prior rulings made by this Court disposing of any claims against

any parties are incorporated by reference herein and this order shall be deemed to be a final judgment within the meaning of Fed. R. Civ. P. 58. /s/ ANDR

Download Mid Atlantic Medical Servs., Inc. v. Joel and Marlene Sereboff (Order).pdf

Maryland Law