United States of America ex rel Veronica McDonald, et al. v. Techota, LLC, et al.

Filing 24

JUDGMENT, considering the joint stipulation of dismissal; it is ORDERED that: (1) the civil action is DISMISSED against all defendants with prejudice as to relator; (2) pursuant to the terms and conditions of the parties' settlement agreement, c laims in the qui tam action for the covered conduct set forth in the settlement agreement, are dismissed against defendant Techota, LLC only, with prejudice as to the United States; (3) all other claims in the civil action are dismissed without prej udice to the United States; further ORDERING that the court retains jurisdiction to enforce the terms and conditions of the settlement agreement between the government, relator, and Techota, and to adjudicate any suits alleging breach of the settleme nt agreement; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; this case is closed in its entirety. Signed by Honorable Judge Myron H. Thompson on 3/13/13. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

UNITED STATES OF AMERICA
)
ex rel. Veronica McDonald, )
)
Plaintiff,
)
)
v.
)
)
TECHOTA, LLC, and CAHABA
)
VALLEY HEALTH SERVICES,
)
INC., d/b/a Cahaba Valley )
Home Health,
)
)
Defendants.
)

CIVIL ACTION NO.
2:11cv366-MHT
(WO)

JUDGMENT
The court having considered the joint stipulation of
dismissal

of

civil

action

filed

by

plaintiff

United

States of America (United States) and relator Veronica
McDonald

(relator),

pursuant

to

Fed.

R.

Civ.

P.

41(a)(1)(ii) and 31 U.S.C. § 3730(b)(1), and good cause
having been shown, it is ORDERED that:
(1) The civil action filed in the United States
District

Court

for

the

Middle

District

of

Alabama

captioned United States ex rel. McDonald v. Techota, LLC,
et al., Civil Action No. 2:11-cv-366-MHT, is dismissed
against all defendants with prejudice as to relator.
(2) Pursuant to the terms and conditions of the
parties' settlement agreement, claims in the qui tam
action filed in the United States District Court for the
Middle District of Alabama captioned United States ex
rel. McDonald v. Techota, LLC, et al., Civil Action No.
2:11-cv-366-MHT, for the covered conduct set forth in the
settlement agreement, are dismissed against defendant
Techota,

LLC

only,

with

prejudice

as

to

the

United

States.
(3) All

other

claims

in

the

civil

action

are

dismissed without prejudice to the United States.
It

is

further

ORDERED

that

the

court

retains

jurisdiction to enforce the terms and conditions of the
settlement agreement between the government, relator, and
Techota, and to adjudicate any suits alleging breach of
the settlement agreement.

2

The clerk of the court is DIRECTED to enter this
document on the civil docket as a final judgment pursuant
to Rule 58 of the Federal Rules of Civil Procedure.
This case is closed in its entirety.
IT IS SO ORDERED, this the 13th day of March, 2013.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE