Document for OPSMD V MEDIGAIN LLC ET AL

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                                4/19/2017 11:04:40 AM
Velva L. Price

District Clerk
Travis County
D-1-GN-14-005419
NO. D . 4. -GN- {4 - Oos4 | q Rebeccca Hernandez
OPSMD, INC., § IN THE DISTRICT COURT OF
§
Plaintiff, §
§
VS. § TRAVIS COUNTY, TEXAS
§
MEDIGAIN, LLC, §
§ 9 g %
Defendant. § JUDICIAL DISTRICT

JOINT MOTION FOR ENTRY OF AGREED FINAL JUDGMENT

 

Pursuant to Rule 305 of the Texas Rules of Civil Procedure, Plaintiff OpsMD, Inc.
(“OpsMD”) and Defendant MediGain, LLC (“Defendant ) file this their Joint Motion for Entry

of Agreed Final Judgment (the “Motion”), and would respectfully show the following:

1. Defendant has agreed to waive service of this Motion, and notice of hearing on
this Motion.
2. Plaintiff and Defendant have reached an agreement stipulating to the liability of

Defendant for damages in connection with all claims and matters in dispute that were brought or
which could have been brought by and between the parties in the above styled and numbered
cause, and Plaintiff and Defendant agree that there are no disputes as to any issues of material
fact or questions of law.

WHEREFORE, PREMISES CONSIDERED, Plaintiff and Defendant jointly request
the Court to enter the attached Agreed Final Judgment providing that:

i. Final Judgment be rendered for Plaintiff and against Defendant as outlined in the

attached Exhibit “A” (Agreed Judgment);
ii, Plaintiff be awarded such writs and processes as may be necessary to the

collection or enforcement of this judgment; and

JOINT MOTION FOR ENTRY OF AGREED FINAL JUDGMENT
2206153.1iii. Plaintiff be awarded such other and further relief as may be just.

Respectfully submitted,

DuBOlS, BRYANT & CAMPBELL, LLP
303 Colorado Street, Suite 2300
Austin, TX. 78701
(512) 457-8000
(512) 457-8008 (Facsimile)
X

 

ATTORNEYS

drowe(@dbellp.com
Seth [Meisel
State Bar.No. 24037089

smeisel@dbellp.com

    
  

 

FOR PLAINTIFF

OPSMD, INC.

APPROVED AS TO Forman D SUBSTANCE:

Mee A

ANDREW K. YQRK

State Bar No. 24051554

GRAY REED & MCGRAW, P.C.
1601 Elm Street, Suite 4600
Dallas, Texas 75201

(469) 320-6114 — telephone

(469) 320-6883 — facsimile
dyork@grayreed.com,

eof
Shit

 

   
 

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ATTORNEYS FOR DEFENDANT MEDIGAIN, LLC

JOINT MOTION FOR ENTRY OF AGREED FINAL JUDGMENT
2206153.1EXHIBIT Ano, 0°2°GN-14-GOS4/4

OPSMD, INC., § IN THE DISTRICT COURT OF
§
Plaintiff, §
§
VS. § TRAVIS COUNTY, TEXAS
§
MEDIGAIN, LLC, §
§ 4,
Defendant. § 4 &" DICIAL DISTRICT
AGREED FINAL JUDGMENT.
On 0) , the Court Considered the “Joint Motion for Entry of

Agreed Final Judgment” of Plaintiff OpsMD, Inc. (“Plaintiff”) and Defendant MediGain, LLC

(“Defendant”).

By their signatures below, counsel for Plaintiff and counsel for Defendant

request entry of this Agreed Final Judgment in the above styled and numbered cause. The Court

considered the parties’ announced settlement, the record herein, and the agreement of the parties,

and the Court finds and orders that a Final Judgment is issued as follows:

1.

2206167.1

The Court hereby RENDERS JUDGMENT for Plaintiff on its claims against
Defendant.

IT IS THEREFORE ORDERED that Plaintiff is awarded and will receive and
recover from Defendant, Plaintiff's economic damages in the amount of
$258,000.00.

IT IS FURTHER ORDERED that all amounts awarded herein will bear post-
judgment interest at the simple interest rate of eighteen percent (18%) per annum
until paid.

IT IS FURTHER ORDERED the total amount of $258,000 in paragraph 2 will be

reduced by the amount of $. 47,773.0¢ paid by Defendant to Plaintiff2206167.1

pursuant to the Settlement Agreement between the parties dated January 12, 2016,
prior to the default that resulted in Plaintiffs filing of this judgment (to be

completed by counsel for Plaintiff prior to submitting this Judgment to the Court);

and

. ITIS FURTHER ORDERED that Plaintiff is allowed such writs and processes as

may be necessary to the collection or enforcement of this judgment. All other
relief not expressly granted in this judgment is denied. This judgment is final and
disposes of all parties.

SIGNED, this day of , 20

JUDGE PRESIDINGAPPROVED AS TO FORM AND SUBSTANCE:

Jd. DAVID ROWE

State Bar No. 00794564 /
SETH E. MEISEL

Stale Bar No, 24037089
DUBOIS, BRYANT & CAMPBELL, LLP
303 Colorado, Suite 2300

Austin, Texas, 78701

(512) 457-8000 — telephone

(512) 457-8008" facsimile

ATTORNEYS FOR PLAINTIFF
OPSMD, |

 

   

"ANDREW K. YORK |
State Bar No. 24051554 ~

GRAY REED & MCGRAW, P.C.
Im Street: Suite 4600

s.. Texas 75201

(469). 320-6114 — telephone

(469) 320-6883 = facsimile

  
 

 

ATTORNEYS FOR DEFENDANT MEDIGAIN, LEC

2208167.4