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Comprehensive Toxicology Billing, LLC v. Nord

United States District Court, C.D. California

June 12, 2017

Comprehensive Toxicology Billing, LLC, Counterclaim Plaintiff,
v.
Erik Nord, et al., Defendants.

          JUDGMENT

          VIRGINIA A. PHILLIPS Chief United States District Judge.

         TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

         This action came on regularly for trial on April 4, 2017, in Courtroom 8A of the above entitled Court, the Honorable Virginia A. Phillips, Chief United States District Judge presiding. Counterclaim Plaintiff and Counterclaim Defendant-in-Reply Comprehensive Toxicology Billing, LLC ("CTB"), and Counterclaim Defendant-in-Reply Robert Nickell (collectively, "CTB Parties") appeared by their attorneys, Steven M. Goldberg, Prana A. Topper, and Emil Petrossian of the law firm Manatt, Phelps & Phillips LLP. Counterclaim Defendant and Counterclaimant-in-Reply Aliya Medcare Finance, LLC ("Aliya"), and Counterclaim Defendants Erik Nord, Comprehensive Toxicology Services, Inc., and Upton Park Financial, LLC (collectively, "Aliya Parties"), appeared by their attorneys Kevin M. Yopp of the Law Offices of Kevin M. Yopp, APC, and Richard William Buckner of the law firm Glaser Weil Fink Howard Avchen & Shapiro LLP.

         On March 14, 2016, CTB filed a third amended counterclaim ("TACC"), the operative counterclaim in this matter. (Doc. No. 291.) On May 2, 2016, Aliya filed a counterclaim in reply ("CCIR"), the operative counterclaim in reply in this matter. (Doc. No. 292.)

         On June 24, 2016, this Court granted the Aliya Parties' motion to dismiss CTB's claims that rely on an alter ego theory of liability. (Doc. No. 336.)

         On August 16, 2016, this Court granted in part and denied in part the CTB Parties' motion to dismiss Aliya's CCIR. (Doc. No. 357.) In that order, the Court dismissed Aliya's second, seventh, eighth, and ninth counterclaims in reply--for concealment (against Nickell and CTB), intentional interference with contractual relations (against Nickell, ChemBio, and the Doe Counterclaim Defendants-in-Reply), breach of contract (against Exec Billing), and violation of section 17200 of the California Business and Professions Code (against Nickell), respectively. (Doc. No. 357 at 24.) The Court also dismissed all counterclaims in reply to the extent that they rely on the first or second agreement between Aliya and CTB. (Id.)

         On March 7, 2017, pursuant to stipulations filed by the parties, the Court dismissed Counterdefendants Henrik Sten, Allan Alvarado, and Zarfeen Samani with prejudice. (Doc. Nos. 547, 548.)

         On January 10, 2017, this Court granted the Aliya Parties' motion for partial summary judgment to the degree it sought to establish ownership over the receivables Aliya purchased and paid for between March 28, 2013, and October 31, 2014, with the exception of the receivables that Aliya rejected on October 19, 2014. (Doc. No. 507 at 44.) The Court also granted the CTB Parties' Motion for Summary Judgment as to Aliya's lockbox account waiver. (Id.)

         On April 4, 2017, a jury of eight persons was regularly impaneled and sworn to try the action.[1]Witnesses were sworn and testified.

         On April 13, 2017, the Aliya Parties voluntarily dismissed their claims for negligent misrepresentation and fraud in the inducement.

         On April 14, 2017, this Court granted the Aliya Parties' motion for judgment as a matter of law as to CTB's claims for Lanham Act violations, trademark infringement under Nevada common law, and breach of fiduciary duty. (Doc. No. 603 at 1-2.)

         Also on April 14, 2017, after hearing the evidence, the arguments of counsel and the instructions given to the jury, the jury retired to consider its verdict. On the same date, the jury returned its special verdict by way of answers to the questions propounded to it as follows:

         CTB's Breach of Contract Claim

         1. Has Comprehensive Toxicology Billing, LLC ("CTB") proved its claim against Aliya Medcare Finance, LLC ("Aliya") for breach of contract?

Answer "yes" or "no"
Answer: No.

         If your answer is "yes", please answer Question No. 2. If your answer is "no", please proceed to Question No. 4.

         4. Has Aliya proved its claim against CTB for breach of contract?

Answer "yes" or "no"

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