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15-1433 - M-Audits, LLC v. Healthsmart Benefit Solutions, Inc.


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15-1433 - M-Audits, LLC v. Healthsmart Benefit Solutions, Inc.
January 19, 2016
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Report and Recommendation that M-Audits' Motion to Show Cause and Application for Order of Contempt (Doc. 24) be GRANTED in part and that HealthSmart be found in civil contempt for failure to comply with the Court's Order of August 24, 2015, when it stopped sending M-Audits claims from Cigna, Aetna, Cofinity, and FirstHealth and when it failed to send SEBT claims in the $10,000 to $25,000 range. The Motion should be DENIED in part because HealthSmart did not breach the Order when it sent the November 6, 2015, letter to brokers. Accordingly, the undersigned recommends that: (1) The Court order HealthSmart to pay for an accounting (the accountant to be selected by M-Audits) to determine the amount of loss sustained by M-Audits since September 8, 2015, by reason of HealthSmart's violations of the Order, including pre-judgment interest and post-judgment interest as applicable at a rate calculated pursuant to 28 U.S.C. ยง 1961. (2) The Court order HealthSmart to pay a fine of $1,000 a day for each day it continues to be in violation of the Order beginning seven (7) days after the Court has entered its ruling on M-Audits' Motion. (3) The Court Order HealthSmart to pay M-Audits its reasonable attorney fees and costs expended in relation to the Motion. (4) The Court consider referring to a special master any future disputes that may arise between the parties regarding compliance with the Order, the expense of the special master on such occasions to be split evenly between the parties. See order for details. Objections to R&R due by 2/2/2016. Magistrate Judge Kathleen B. Burke on 1/19/2016. (D,I)
September 29, 2016
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Memorandum Opinion and Order: After a de novo review of the issues raised by HealthSmart's objections, the R&R (Doc. No. 50) is accepted and adopted, except with respect to the recommendation regarding an accounting, which is clarified and modified as described herein. No later than October 21, 2016, the parties shall submit a joint proposal outlining a procedure and criteria by which to calculate M-Audits' losses caused by HealthSmart's violation of the agreed order. Accordingly, M-Audits' first motion to show cause and for contempt (Doc. No. 24) is granted in part and denied in part as detailed in the R&R and as set forth herein. Additionally, HealthSmart's second motion to modify the agreed order (Doc. No. 52) is denied. Judge Sara Lioi on 9/29/2016. (P,J)
March 31, 2017
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Memorandum Opinion and Order: HealthSmart's motion for reconsideration is denied. (Related Doc. No. 66). Judge Sara Lioi on 3/31/2017. (P,J)