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16-058 - GEICO General Insurance Company v. Shaw et al


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16-058 - GEICO General Insurance Company v. Shaw et al
October 13, 2016
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MEMORANDUM AND ORDER - CMS's motion to dismiss without prejudice its cross-claim against LifeTeam Air Evac EMS, Inc. (Filing 41) is granted. CMS's claim to the interpleaded funds is superior to any claim that Malcolm Shaw, Donna Kay Rainbolt, Ray Curtis Shaw, Phillip Shaw, Madonna Rehabilitation Hospital, Hastings Anesthesiology Associates, P.C., Hastings Fire and Rescue, Bryan Medical Center West, and Mary Lanning Healthcare have made or might make to the interpleaded funds. CMS's and the Navy's motion for summary judgment (Filing 42) is granted, and the registry of the court is hereby directed to distribute $93,000.00 of the interpleaded funds to CMS, to distribute $7,000.00 of the interpleaded funds to Navy, and to distribute any interest earned on the interpleaded funds on a proportionate basis (i.e., 93% to CMS and 7% to Navy). Final judgment shall be entered by separate document and the clerk of the court shall proceed to close this file, including termination of Filing 10 (GEICO's motion to interplead and receive evidence for disbursement of funds). Ordered by Senior Judge Richard G. Kopf. (Copies mailed to defendants; copy to Finance)(GJG)
October 13, 2016
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JUDGMENT - Plaintiff, GEICO General Insurance Company, and its insured, Cecil Shaw, and his estate, are discharged from any further liability to Defendants. The cross-claim filed by the Centers for Medicare & Medicade Services (CMS) against LifeTeam Air Evac EMS, Inc., is dismissed without prejudice. On CMS's cross-claims against Defendants Malcolm Shaw, Donna Kay Rainbolt, Ray Curtis Shaw, Phillip Shaw, Madonna Rehabilitation Hospital, Hastings Anesthesiology Associates, P.C., Hastings Fire and Rescue, Bryan Medical Center West, and Mary Lanning Healthcare, the court declares that CMS's claim to the interpleaded funds is superior to any claims that have or might be made by said Defendants. CMS and the Department of the Navy Medical Care Recovery Unit (Navy) are entitled to receive the interpleaded funds of $100,000.00 plus accrued interest, if any, and the registry of the court shall distribute the funds as follows: a) $93,000.00 plus 93 percent of any accrued interest to CMS; and b) $7,000.00 plus 7 percent of any accrued interest to the Navy. The clerk of the court shall proceed to close this file. Ordered by Senior Judge Richard G. Kopf. (Copies mailed to defendants; copy to Finance )(GJG)