The Physicians Alliance Corporation v. WellCare of Louisiana, Inc. et alMOTION to Dismiss with PrejudiceM.D. La.January 17, 2019Page 1 of 2 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA THE PHYSICIANS ALLIANCE * CIVIL ACTION 3:16-cv-00203 CORPORATION, * * JUDGE SHELLY D. DICK VERSUS * * MAGISTRATE JUDGE WELLCARE HEALTH INSURANCE OF * RICHARD BOURGEOIS, JR. ARIZONA, INC. AND WELLCARE * HEALTH PLANS, INC. * SECTION “SDD-RLB” ______________________________________________________________________________ MOTION TO DISMISS WITH PREJUDICE ______________________________________________________________________________ NOW INTO COURT, through undersigned counsel, comes The Physicians Alliance Corporation (“Physicians Alliance”) who respectfully requests that the above-titled case and numbered cause, including all claims set forth in the Amended Complaint (R. Doc. 15) and the subsequent Supplemental and Amending Complaint (R. Doc. 22) filed by Physicians Alliance, be dismissed in its entirety with prejudice with each party bearing its own costs. 1. Based upon facsimile correspondence to this Court on December 31, 2018, your Honor Ordered that Physicians Alliance’s claims against WellCare Health Insurance of Arizona, Inc. and WellCare Health Plans, Inc. (collectively the “Defendants”), be dismissed without prejudice with the right, upon good cause shown within sixty (60) days, to reopen the action if the settlement with the Defendants was not consummated (R. Doc. 213). 2. The parties have consummated their settlement of all claims and respectfully pray for an Order from this Honorable Court dismissing the above-captioned matter in its entirety with Case 3:16-cv-00203-SDD-RLB Document 214 01/17/19 Page 1 of 2 Page 2 of 2 prejudice, including all claims set forth in the Amended Complaint (R. Doc. 15) and subsequent Supplement and Amending Complaint (R. Doc. 22). WHEREFORE, The Physicians Alliance Corporation respectfully moves this Court to GRANT the present Motion to Dismiss with Prejudice and dismiss all of The Physicians Alliance Corporation’s claims in the above-captioned matter in their entirety, as to all defendants, with prejudice, with each party bearing its own costs. Respectfully submitted: CLARY, SUBA & ASSOCIATES /s/ James R. Clary, Jr. James R. Clary, Jr. 406 North Fourth Street Baton Rouge, Louisiana 70802 Tel: (225) 926-6788 Fax: (225) 926-8345 Counsel for The Physicians Alliance Corporation CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been electronically filed with the U.S. District Court for the Middle District of Louisiana, using the CM/EMF filing system, with the same being automatically forwarded this date to other enrolled parties through their respective counsel of record as participants in the automatic CM/ECF Filing System. Respectfully submitted: CLARY, SUBA & ASSOCIATES /s/ James R. Clary, Jr. Case 3:16-cv-00203-SDD-RLB Document 214 01/17/19 Page 2 of 2
