Dalitz et al v. AmSurg Corp. et al

Filing 103

ORDER signed by District Judge Troy L. Nunley on 05/30/17 ORDERING that, pursuant to 100 Stipulation of Dismissal, that all claims in the action asserted in this lawsuit are DISMISSED with prejudice as to Relators but without prejudice as to the United States and the State of California. CASE CLOSED (Benson, A)

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BOUTIN JONES INC.
Robert D. Swanson (SBN 162816)
Brian M. Taylor (SBN 214838)
555 Capitol Mall, Suite 1500
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

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BASS BERRY & SIMS PLC
Brian D. Roark
(admitted pro hac vice)
Matthew M. Curley
(admitted pro hac vice)
150 Third Avenue South, Suite 2800
Nashville, Tennessee 37201-3001
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

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Attorneys for all Defendants

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA and the
STATE OF CALIFORNIA, ex rel. DOUGLAS
DALITZ and RANDY GRAY,
Relators,

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vs.
AMSURG CORP.; GASTROENTEROLOGY
ASSOCIATES ENDOSCOPY CENTER,
L.L.C.; REDDING GASTROENTEROLOGY,
L.L.C. d/b/a REDDING ENDOSCOPY
CENTER; GADDAM NARESH REDDY,
M.D.; PIYUSH KUMAR DHANUKA, M.D.;
AND B. NICHOLAS NAMIHAS, M.D.,
Defendants.

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Case No. 12-cv-2218-TLN-CKD
ORDER OF DISMISSAL

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Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, the False Claims Act, 31

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U.S.C. § 3730(b)(1), and the California False Claims Act, Cal. Gov’t Code § 12652(c)(1), Relators

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Douglas Dalitz and Randy Gray (“Relators”) and Defendants AmSurg Corp. (now known as
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ORDER OF DISMISSAL

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Envision Healthcare Corporation); Gastroenterology Associates Endoscopy Center, L.L.C.;

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Redding Gastroenterology L.L.C.; Gaddam Naresh Reddy, M.D., B. Nicholas Namihas, M.D., and

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Piyush Kumar Dhanuka, M.D. (“Defendants”) (collectively, the “Parties”) filed a Stipulation of

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Dismissal as to all claims filed against Defendants in this civil action. Pursuant to 31 U.S.C. §

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3730(b)(1) and Cal. Gov’t Code § 12652(c)(1) the United States and the State of California, which

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have elected not to intervene in this action, have filed a written consent to dismissal of this action

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with prejudice as to Relators but without prejudice as to the United States and the State of

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California. Upon due consideration of the Stipulation, the consent filed by the United States and

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California, and the other papers on file in this action,

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IT IS HEREBY ORDERED that all claims in the action asserted in this lawsuit shall be

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dismissed with prejudice as to Relators but without prejudice as to the United States and the State of

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California.

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IT IS SO ORDERED.

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Dated: May 30, 2017

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Troy L. Nunley
United States District Judge

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ORDER OF DISMISSAL