BAHRAM ZAMANIAN, M.D. AND BAHRAM ZAMANIAN, M.D., A PROFESSIONAL MEDICAL CORPORATION
OCHSNER MEDICAL CENTER -KENNER, L.L.C.; JAMES T. TEBBE, M.D.; AND PAOLO ZAMBITO
APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 699-507, DIVISION
"C" HONORABLE JUNE B. DARENSBURG, JUDGE PRESIDING
PLAINTIFF/APPELLEE, BAHRAM ZAMANIAN, M.D. Al M. Thompson, Jr.
DEFENDANT/APPELLANT, OCHSNER MEDICAL CENTER-KENNER, L.L.C.
Judith W. Giorlando Jude C. Bursavich Jeanne C. Comeaux
Carroll Devillier, Jr.
composed of Judges Jude G. Gravois, Robert A. Chaisson, and
Stephen J. Windhorst
STEPHEN J. WINDHORST JUDGE
matter involves an appeal from a judgment compelling
production of settlement funds by appellants, after the case
had been dismissed with prejudice. We vacate the trial
court's judgment compelling production of settlement
funds. This case has previously been dismissed with
March 18, 2011, Bahram Zamanian, M.D., and Bahram Zamanian,
M.D., A Professional Medical Corporation
(plaintiffs/appellees) (collectively "Dr.
Zamanian") filed suit against Ochsner Medical Center,
Kenner L.L.C., James T. Tebbe, M.D., and Paolo Zambito
(defendants/appellants) for damages allegedly caused by the
termination of Dr. Zamanian's medical staff privileges at
Ochsner Medical Center in Kenner, Louisiana. Dr. Zamanian
asserted causes of action under the Sherman Act, 15 U.S.C.
§ 1 and the Louisiana Unfair Trade Practices Act, La.
R.S. 51:1405. On October 10, 2011, defendants answered
plaintiffs' petition. Thereafter, there was very little
progress with the lawsuit.
2014, the parties participated in settlement negotiations. By
email dated August 4, 2014, Dr. Zamanian's counsel
accepted defendants' offer to settle for $20, 000.
Defense counsel, by letter dated September 4, 2014, informed
Dr. Zamanian's counsel that a Medicare lien search would
delay the settlement, and sent a Confidential Receipt,
Release, Hold Harmless and Indemnity Agreement and a Motion
for Voluntary Dismissal. In this letter, defense counsel
stated the following: "[a]s we await the lien search
process, we ask that your client review and execute the two
(2) attached settlement documents. Please note, upon delivery
of the settlement funds to your client, we will file the
executed Motion for Voluntary Dismissal releasing all