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Khan v. Hemosphere Inc., 1:18-cv-05368. (2019)

Court: District Court, N.D. Illinois Number: infdco20190724a52 Visitors: 16
Filed: Jul. 23, 2019
Latest Update: Jul. 23, 2019
Summary: MERIT'S MOTION FOR ENTRY OF JUDGMENT ON SANCTIONS ORDER VIRGINIA M. KENDALL , District Judge . Pursuant to Rule 58(a) of the Federal Rules of Civil Procedure, Defendant Merit Medical Systems, Inc.("Merit") moves the Court for entry of judgment in the amount of $95,966.60 in favor of Merit as subrogee of the Non-Resident Merit Physician Defendants who filed the Motion for Sanctions (DKT No. 113) and against Plaintiffs, in accordance with the Court's Sanctions Order of July 15, 2019 (DKT No.
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MERIT'S MOTION FOR ENTRY OF JUDGMENT ON SANCTIONS ORDER

Pursuant to Rule 58(a) of the Federal Rules of Civil Procedure, Defendant Merit Medical Systems, Inc.("Merit") moves the Court for entry of judgment in the amount of $95,966.60 in favor of Merit as subrogee of the Non-Resident Merit Physician Defendants who filed the Motion for Sanctions (DKT No. 113) and against Plaintiffs, in accordance with the Court's Sanctions Order of July 15, 2019 (DKT No. 175). Rule 58(a) requires that all judgments must be entered as a separate document, except for circumstances not present here. Judgment should therefore be entered on the Sanctions Order. The original motion for sanctions was filed in the name of the Non-Resident Merit Physician Defendants (DKT No. 113), but Merit has established that it paid the fees for which sanctions are sought as part of its indemnification of the Non-Resident Merit Physician Defendants. Under the doctrine of equitable subrogation, the judgment memorializing the fee award should properly be in the name of Merit as subrogee and Merit should be allowed to enforce the judgment. Merit therefore respectfully requests that judgment in the amount of $95,966.90 be granted in its favor and against Plaintiffs. Pursuant to the Court's Standing Order regarding submission of proposed orders for entry by the Court, Merit will concurrently email a proposed Final Judgment granting this motion to Proposed_Order_Kendall@ilnd.uscourts.gov in Word format.

Source:  Leagle

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