Elmore v. Roberts, No. 4:2018cv00563 - Document 56 (N.D. Okla. 2019)
Court Description: OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; granting 52 Motion for Miscellaneous Relief (tjc, Dpty Clk)
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Elmore v. Roberts Doc. 56 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA 1. SHOSHANA ELMORE, Plaintiff Case No. 18-CV-563 CVE-FHM v. 1. TIMOTHY ROBERTS Defendant. OPINION AND ORDER Plaintiff’s Motion to Distribute Settlement, [Dkt. 52], is before this Court. Plaintiff has filed a certificate of service for all parties, and Dr. Coffman does not object. No other objection has been filed. Plaintiff’s claim for $1,067.93 in costs and $8,069.43 in attorney fees is granted. There are medical liens in the amount of $16,376.25. The remainder of the settlement funds to satisfy these liens is $9,862.64. The ratio between the total amount of the lien and the available settlement funds is 0.6023. The Court orders pro rata distribution of the settlement funds to each provider in an amount equal to the provider’s lien multiplied by 0.6023. Distribution is ordered pursuant to the following schedule: Provider Kevin McFarland Huskey Chiropractic Derek Coffman Kenneth Trinidad Tulsa Diagnostic Imaging Aetna Full Lien Amount $4,711.00 $3,659.00 $2,232.00 $985.00 $3,700.00 $1,089.25 Pro Rata Reduction $2,837.21 $2,203.64 $1,344.23 $593.22 $2,228.33 $656.00 1 Dockets.Justia.com Any and all remaining liens concerning these proceeds are hereby fully waived, forfeited or extinguished for failure to appear or properly contest the distribution of settlement proceeds after proper notice. SO ORDERED this 6th day of November, 2019. 2
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