STATE OF OKLAHOMA « g
‘THE DISTRICT COURT OF CLEVELAND COUNTQOUNTY J ~
STATE OF OKLAHOMA. FILED
MAY 07 2024
EMERGENCY SERVICES OF OKLAHOMA,
PC, OKLAHOMA EMERGENCY SERVICES
PC, SOUTH CENTRAL EMERGENCY
SERVICES PC, and EMERGENCY PHYSICIANS
OF MID-AMERICA PC,
In the office of the
Court Clerk MARILYN WILLIAMS:
Plaintiffs,
Case No. CJ-2019-482
v.
UNITED HEALTHCARE INSURANCE,
COMPANY, UNITED HEALTHCARE,
SERVICES INC., and UNITED HEALTHCARE
OF OKLAHOMA INC.,
Defendants.
JOURNAL ENTRY OF FINAL JUDGMENT
This matter came before the Court for jury trial beginning April 2, 2024. Plaintiffs Emergency
Services of Oklahoma PC, Oklahoma Emergency Services PC, South Central Emergency Services PC,
and Emergency Physicians of Mid-America PC (“Plaintiffs”) appeared with counsel, Defendants
United Healthcare Insurance Company, United Healthcare Services, Inc., and United Healthcare of
Oklahoma Inc. (“Defendants”) appeared with counsel. The parties then announced ready and a jury
was selected, duly sworn, and empaneled.
Following opening statements by counsel, Plaintiffs presented their evidence and rested. After
Plaintiffs rested, counsel for Defendants moved for directed verdict on Plaintiffs” claims of breach of
implied-in-fact contract and unjust enrichment, and on the issue of standing, which was denied.
Defendants also moved for directed verdict on 1,152 medical claims placed in dispute by Plaintifis
which were adjudicated by non-defendant entities. The Court granted Defendants’ Motion for Directed
Verdict on the Non-Defendant Entity Claims. Defendants then presented their evidence and rested,
After resting, Defendants again moved for directed verdict on all claims, which was denied. The Courtinstructed the jury, the parties gave closing arguments, and the Court submitted the case to the jury for
deliberation and verdict.
On April 22, 2024, the jury returned a verdict in favor of Defendants on Plaintiff’ claims for
breach of implied-in-fact contract and unjust enrichment,
‘The Court, having conducted the trial and received the jury verdict, ORDERS, ADJUDGES,
AND DECREES as follows:
1. Judgment is hereby entered in favor of Defendants and against Plaintiffs on Plaintiffs’
claim for breach of implied-in-fact contract.
2. The jury verdict on Plaintiffs’ unjust enrichment claim, to the extent itis advisory under
Oklahoma law, is hereby adopted as the Court’s determination, Specifically, the Court
adopts the jury’s finding that Plaintiffs failed to meet their burden to prove the required
elements of unjust enrichment. Accordingly, judgment is hereby entered in favor of
Defendants and against Plaintiffs on Plaintiffs’ claim for unjust enrichment.
3. This Journal Entry of Final Judgment shall be considered a final judgment in accordance
with 12 Okla. Stat. §§ 696.2 and 696.3, and all interlocutory orders previously entered
shall become final upon the entry of this Journal Entry of Final Judgment,
4. This Journal Entry of Final Judgment may be enforced in accordance with Oklahoma
law.
DATED this__day of May, 2024. /Thad Balkman
THE HONORABLE THAD BALKMAN
JUDGE OF THE DISTRICT COURT
UsDocsiisas4s9945 2APPROVED AS TO FORM ONLY:
/si Jason McManis (with permission)
‘Laura MeConnell-Corbyn, OBA #12394
Ashley L. Powell, OBA #31689
HARTZ0G CONGER CASON, LLP
201 Robert S. Kerr Avenue, Suite 1600
Oklahoma City, Oklahoma 73102
(405) 235-7000 — Telephone
(405) 996-3403 — Facsimile
Ime artzoglaw.com
apowell@hartzoglaw.com
and
Collin D. Kennedy
cdk@hanshawkennedy.com Pro Hac Vice
Hansaw KENNEDY HAFEN, LLP
1415 Legacy Dr., Suite 350
Frisco, Texas 75034
T: 972-731-6500
F: 972-731-6555
and
Justin C. Fineberg
ifineberg@lashgoldberg.com Pro Hac Vice
Jonathan Siegelaub
jsiegelaub@lashgoldberg.com Pro Hac Vice
forthcoming
LASH & GOLDBERGLLP
Weston Corporate Center I
2500 Weston Rd., Ste. 220
Fort Lauderdale, Florida 33331
T: 305-347-4040
usDocsiisas4d994 5
and
John Zavitsanos, Texas Bar No. 2251650
jzavitsanos@azalaw.com Pro Hac Vice
Joseph Y. Ahmad, Texas Bar No. 00941100
joeahmad@azalaw.com Pro Hac Vice
Sammy Ford, Texas Bar No. 24061331
sford@azalaw.com Pro Hac Vice
Jane L. Robinson, Texas Bar No. 24062970
jrobinson@azalaw.com Pro Hac Vice
Jason S. MeManis, Texas Bar No. 24088032
jmemanis@azalaw.com Pro Hac Vice
Michael Killingsworth, Texas Bar No.
24110089
mkillingsworth@azalaw.com Pro Hac Vice
Patrick Kevin Leyendecker, Texas Bar No.
00784472
Kleyendecken@azalaw.com Pro Hac Vice
Cody Watson, Texas Bar No. 24137278
ewatson@azalaw.com, Pro Hae Vice
AHMAD, ZAVITSANOS, & MENSING, PLLC
1221 McKinney, Suite 2500
Houston, Texas 77010
T: 713-655-1101
F: 713-655-0062
ATTORNEYS FOR PLAINTIFFS,
EMERGENCY SERVICES OF OKLAHOMA PC,
OKLAHOMA EMERGENCY SERVICES PC,
SouTH CENTRAL EMERGENCY SERVICES PC,
AND EMERGENCY PHYSICIANS oF MID
AMERICA PCWes |
William J. Trach Pro Hac Vice
William. Trach@lw.com
U. Gwyn Williams Pro Hac Vice
Wil iw.
Elizabeth Marks Pro Hac Vice
Betsy.mark Ih
LATHAM & WaTKINs LLP
200 Clarendon Street
Boston, Massachusetts 02116
(617) 948-6000
(617) 948-6001 (Fax)
and
Rodney K. Hunsinger, OBA #19839
Jared R. Boyer, OBA #30495
Rachel N. Jordan, OBA #32704
HB Law Partners, PLLC
4217 28 Ave. NW, Suite 101
Norman, OK 73069
(405) 563-2410 / (405) 563-9085 (fax)
rodney@bhblawpartners.com
jared@hbla com
jordan@hblawpartners.com
rachel@hbla com,
ATTORNEYS FOR DEFENDANTS,
‘UNITED HEALTHCARE INSURANCE
Company, UNITED HEALTHCARE
‘SERVICES, INC., AND UNITED
HEALTHCARE OF OKLAHOMA, INC.
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APPEARS ON RECORD INTHE COURT CLERKS
OFFICE OF SOUNTY, OKLAH