Académique Documents
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April 1, 2004
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United States Custom House
12 One Bowling Green
New York, New York 10004
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Hearing on debtors' objection to claim of
15 Healthguard of Lancaster, Inc. (Claim No.
2818) and debtors' counterclaim; debtors'
16 motion for order holding Robert M.
Davidson and Vanessa E. Komar in contempt
17 for failure to comply with orders of this
Court and the discharge injunction.
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B E F O R E:
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THE HONORABLE PRUDENCE CARTER BEATTY
22 United States Bankruptcy Judge
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2 A P P E A R A N C E S:
3 WEIL, GOTSHAL & MANGES, LLP
Attorneys for Debtors
4 1501 K Street, N.W.
Washington, D.C. 20005
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BY: CHRISTINE P. HSU, ESQ.
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ROBERT DAVIDSON, M.D.
16 Appearing Pro Se
P.O. Box 1785
17 Kilgore, Texas 75663
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5 thing like that and they don't have to be
6 true. Who wants to start with what?
7 MS. HSU: We have two matters
10 with?
11 JUDGE BEATTY: I have no
12 interest in telling you, so you will have
18 Magellan.
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2 counterclaim that we were to have heard
3 last time, Magellan had attached an audit
4 that went over the claims that were at
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8 had claimed. In the last two months, I
9 have been in contact with counsel for
10 Healthguard, and we have not made
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2 that they had no interest in doing that
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11 lieu of their having to go through each
12 and every one of their claims and
13 reconsider whether they were, in fact,
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6 were.
11 last time?
12 MR. O'NEIL: Your Honor, there
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14 prior authorization versus claims that
15 are in and out of the network.
16 JUDGE BEATTY: I understand
25 hearing.
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17 directly asked you to do. Did you sit
18 down and have one of your knowledgeable
19 claims people sit down with one of their
20 people?
21 MR. O'NEIL: I don't know what
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2 MR. O'NEIL: Maybe I
4 last hearing.
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20 debtors' people and go over a reasonable
21 group of claims that represent a
22 reasonable range of issues, so that the
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2 don't. I don't fancy having a trial at
22 for this?
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23 MS. HSU: The debtors are
24 concerned about the passage of time on
25 this matter.
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19 signed.
20 Back in December of last year
21 Dr. Davidson voluntarily signed and
22 actually requested a stipulation to
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12 Your Honor.
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2 Dr. Davidson insists that this is the
3 basis for his feeling coerced to sign the
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4 stipulation.
21 bankruptcy in January.
22 JUDGE BEATTY: Let me hear from
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21 Magellan.
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17 place?
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20 fraud?
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20 order?
21 JUDGE BEATTY: It is not a
22 discharge order. It is an order of
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2 any great level in the Magellan case.
11 are gone.
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2 where somebody in your office might have
10 it.
14 question as appealable?
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2 to you as to whether a motion for
3 reconsideration is appealable. I
20 docketing?
21 JUDGE BEATTY: What do you mean
22 by "selective docketing"?
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2 have to rule on your motion.
3 DR. DAVIDSON: The affidavits
4 filed by Michael P. McQuillen influenced,
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5 other than jurisdictional issues. What
6 did that affidavit say that so impacted
7 the Judge?
10 attorney of record.
11 JUDGE BEATTY: Why did they
12 strip you of your attorney of record?
19 statute say?
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2 JUDGE BEATTY: That is
3 something that you needed to take up
4 there. Normally in this court you can
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8 process given to them stripping my
9 attorney from me. That is the point.
10 JUDGE BEATTY: That is
13 whatever.
14 DR. DAVIDSON: Relevant to
15 today's hearing, I have got
21 speed.
25 McQuillen.
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2 JUDGE BEATTY: I think you just
3 changed pages.
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11 2000 annual report identifies Vivra, Inc.
12 as a shareholder holding more than 20
13 percent of the shares ..."
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14 directors of Vivra, Inc. and had no
15 relationship with Vivra, Inc. at any time
16 after February 29, 2000."
19 abstention?
20 DR. DAVIDSON: I believe it was
21 inappropriate use of the doctrine of --
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6 Inc.
7 JUDGE BEATTY: So before you
8 withdrew your claim that Court had
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17 my filing the claim.
18 JUDGE BEATTY: So when it was
19 dismissed with prejudice, you didn't have
20 a claim there.
21 DR. DAVIDSON: I didn't have a
22 claim.
23 JUDGE BEATTY: So you
24 stipulated to dismiss it.
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2 JUDGE BEATTY: Because you
8 right now.
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20 contained in the order of confirmation
21 from pursuing any claim against the
22 debtors.
25 Court?
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2 JUDGE BEATTY: Absolutely. It
16 any holder --
17 JUDGE BEATTY: You have made a
18 request that I reconsider your claim, and
19 I have denied that request. There is
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23 If the claims revoke an order confirming
24 the plan they may be filed only within
25 the time allowed by certain sections.
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2 after confirmation, because the case had
3 to be fully confirmed. That is, all
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4 action had to be fully taken by December
18 this document --
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8 district --
9 JUDGE BEATTY: Where was the
10 assault on your claim in my court that
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11 addressed --
12 JUDGE BEATTY: I am asking you
13 a question.
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8 of equity.
9 JUDGE BEATTY: I know it is a
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2 taken the deposition of the man. You
4 of other people.
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2 and you didn't provide the papers in hard
17 auspices.
18 JUDGE BEATTY: I am sorry to
19 say the clerk of the court is in charge
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2 my concerns relative to their fraud --
3 JUDGE BEATTY: That is not what
4 I said to you.
5 DR. DAVIDSON: I did.
14 legal advice.
17 --
20 before that.
21 DR. DAVIDSON: If the U.S.
22 District for the Second Circuit --
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2 hearing today.
3 JUDGE BEATTY: Sir, I do not
4 really care.
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5 unreasonable to stipulate to the
6 withdrawal of your claim. You had just
7 been kicked out of court.
15 debtors.
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2 setting aside your stipulation. It was
3 voluntary. It was made at a time when
4 you had lost your claims. These kinds of
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8 DR. DAVIDSON: There are two
9 more paragraphs that are fraudulent
10 representations to your Court in this
16 wish me to.
17 But paragraph 12 and paragraph
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2 person believed to be true in connection
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11 been disallowed with prejudice by the
12 federal court. There is nothing else to
13 be said. It does not matter what you
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14 free shot. The next time, it is not
15 free.
16 MS. HSU: Your Honor, the Ninth
25 order to you.
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17 believe he understood what I said. He
18 got his free bite at the apple today.
19 The second one doesn't come free.
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2 C E R T I F I C A T E
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20 DEBORAH HUNTSMAN
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