Thomas v. Chan et al

Filing 298

STIPULATION AND ORDER OF DISMISSAL pursuant to the terms of the settlement agreement as stated herein. Signed by Chief Judge J. Leon Holmes on 10/14/11. (vjt)

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,. . - IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION UNITED STATES OF AMERICA, et rei. JOHN THOMAS, Plaintiffs, No. 4:0(J.CV-000465 JLB v. BLACKSTONE MEDICAl.., INC.; MICHAEL M. BAaEY; BAILEY MANAGEMENT GROUP, INC.; FOUNDATION FOR ORTHOPEDIC AND SPINE EDUCATION AND RESEARCH; INNOVA11VE HEALTH SOLUTIONS, INC; MOTIONTEK, INC.; OMNl3CiO, ll..C; and OMNl3tlO MANAGEMENT, INC., Defendants. STIPULATION AND ORDER OF DIDJISĀ§t\L WHEREAS, the parties in this action have agreed on the terms ofa settlement agreement; and I WHEREAS, the United States bas reviewed and not objected to the terma of such . settlement agreement; and WHEREAS, this Court bas reviewed and consents to the terms of such settlement agreement; it is hereby ORDERED that the ThiId Amended Complaint is hereby DISMISSED. The dismissal shall be WITH PREJUDICE as to the Relator; WITH PREJUDICE to the United States as to aU claims in the Third Amended Complaint that are based on the submission ofMedicare Part B or Medicaid claims by, or on behalfof: Dr. Patrick Chan, Dr. Richard Jordan, or Ocmey Yielding. from 2001-2006; and WITHOUT PREJUDICE to the United States as to any other claims. Parties to bear their own costs except as provided in the settlement agreement. The Cowt retains jurisdiction for a period of 60 days for purposes ofany disputes related to the execution ofthe settlement agreement. Dated: 4 I~ Uz-II CONSENfED TO BY: Date: q-I~-Il Michael W. Mitchell Counsel for the Relator John Thomas Date: //)-13 -'I ~ ~.?2-<o ~~ David M. onovan Counsel for Blackstone ~~~ Charles A. Banks Counsel for the Bailey Defendants

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