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Zamanian v. Ochsner Medical Center -Kenner, L.L.C.

Court of Appeals of Louisiana, Fifth Circuit

May 23, 2018

BAHRAM ZAMANIAN, M.D. AND BAHRAM ZAMANIAN, M.D., A PROFESSIONAL MEDICAL CORPORATION
v.
OCHSNER MEDICAL CENTER -KENNER, L.L.C.; JAMES T. TEBBE, M.D.; AND PAOLO ZAMBITO

          ON 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

          FOR PLAINTIFF/APPELLEE, BAHRAM ZAMANIAN, M.D. Al M. Thompson, Jr.

          FOR DEFENDANT/APPELLANT, OCHSNER MEDICAL CENTER-KENNER, L.L.C. Judith W. Giorlando Jude C. Bursavich Jeanne C. Comeaux Carroll Devillier, Jr.

          Panel composed of Judges Jude G. Gravois, Robert A. Chaisson, and Stephen J. Windhorst

          STEPHEN J. WINDHORST JUDGE

         JUDGMENT VACATED

         SJW

         JGG

         RAC

         This 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 prejudice.

         Background

         On 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.

         In 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 defendants ...


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