"OCA and OCC's goal in throwing all of these procedural hurdles in
the way of Hobson's efforts to offset these claims is transparent.
The $270,460 bond posted by OCA in Case No. Civ. S-02-0886 would be
insufficient to satisfy Hobson's total judgment for $444,538.88. OCA
and OCC hope to satisfy their own judgment for $104,662.45 on the
notes by levying on Dr. Hobson's assets, and then force him to find a
way to satisfy the balance due on his judgment against them - a task
which they obviously intend to make as difficult as possible."
(Note: The figures referred to in the judge's order are after
addition of interest charges since 2004.)
"Fairness and equity dictate that these claims be offset against each
other. The claims arise out of the same set of underlying facts and
contractual obligations and are due to and from the same parties.
The gamesmanship must end sometime, and that time is now. OCA and
OCC are cautioned against making any futile motions for
reconsideration of this order." (Reading between the lines, could
the judge warning them of significant financial sanctions for
bringing a frivilous action should they decide to try and get him to
change his mind?) "It is the considered judgment of the court, after
considering all of the arguments raised by counsel. If OCA and OCC
believe it is entered in error, they of course may exercise their
right of appeal."
It seems to me that despite OCA's claims that they've somehow become
more reasonable and conciliatory since the new management took over,
their litigation strategy of making things as difficult and expensive
as possible continues in full force! Are we to assume that their
other management attitudes have changed when their approach to
doctors who dare to challenge them has not?
All comments are, of course, my own personal opinion. For complete
documentation, refer to Pacer, Hobson vs. OCA, Cases Civ S-02-0886
WBS PAN, and Civ S-06-1805 EFB Consolidated.
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