United States of America, et al v. North American Health Care, et al

Filing 126

ORDER OF DISMISSAL. Case is dismissed with prejudice as to Relator John Orten, but without prejudice as to the United States or the State of California. Signed by Judge William H. Orrick on 01/26/2018. (jmdS, COURT STAFF) (Filed on 1/26/2018)

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GIBSON, DUNN & CRUTCHER LLP
RICHARD J. DOREN, SBN 124666
[e-mail]
WINSTON Y. CHAN, SBN 214884
[e-mail]
ELIZABETH STEINFELD, SBN 305500
[e-mail]
JOSEPH R. ROSE, SBN 279092
[e-mail]
555 Mission Street, Suite 3000
San Francisco, CA 94105-0921
Telephone: [phone]
Facsimile: 415.393.8306
Attorneys for Defendants NORTH AMERICAN
HEALTH CARE. INC., JOHN SORENSEN

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CUTTER LAW, P.C.
C. BROOKS CUTTER (SBN 121407)
[e-mail]
JOHN R. PARKER, JR. (SBN 257761)
[e-mail]
401 Watt Avenue
Sacramento, CA 95864
Telephone: [phone]
Facsimile: 916.669.4499
DUDENSING LAW OFFICE
EDWARD P. DUDENSING (SBN 182221)
[e-mail]
JAY P. RENNEISEN (SBN 173531)
[e-mail]
1414 K Street, Suite 470
Sacramento, CA 95814
Telephone: [phone]
Facsimile: 916.448.6401
LAW FIRM OF SEAN R. LAIRD
SEAN RYAN LAIRD (SBN 214916)
[e-mail]
805 16th Street
Sacramento, CA 95814
Telephone: [phone]
Attorneys for Relator JOHN ORTEN

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA ex rel.
JOHN ORTEN, Relator;

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STATE OF CALIFORNIA ex rel.
JOHN ORTEN, Relator;

CASE NO. 14-cv-02401-WHO
STIPULATION AND ORDER DISMISSING
THE ACTION

STATE OF ARIZONA ex rel.
JOHN ORTEN, Relator;

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STATE OF WASHINGTON ex rel.
JOHN ORTEN, Relator;
STATE OF UTAH ex rel. JOHN
ORTEN, Relator,

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Plaintiffs,
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v.
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NORTH AMERICAN HEALTH
CARE. INC.; JOHN SORENSEN,

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Defendants.

Gibson, Dunn &
Crutcher LLP

STIPULATION AND [PROPOSED] ORDER DISMISSING THE ACTION – CASE NO. 14-CV-02401-WHO

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Relator JOHN ORTEN and Defendants NORTH AMERICAN HEALTH CARE, INC. and

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JOHN SORENSEN (collectively, “Defendants”), parties to the above-captioned civil action (“the

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Action”), pursuant to Rule 41(a) of the Federal Rules of Civil Procedure and 31 U.S.C. § 3730,

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hereby stipulate to the dismissal of the Action with prejudice as to Relator, but without prejudice as

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to the United States or the State of California.

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The basis for this stipulated dismissal is that Relator and Defendants have voluntarily resolved

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this matter, and reached an agreement which includes: (i) the voluntary dismissal with prejudice of

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Relators’ claims brought pursuant to the False Claims Act (31 U.S.C. §§ 3729 et seq.) (“Federal

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FCA”) and the California False Claims Act (Cal. Gov’t Code §§ 12650 et seq.) (“California FCA”),

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but a dismissal of the Federal FCA claims without prejudice as to the United States and of the

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California FCA claims without prejudice as to the State of California; (ii) a resolution of Relator’s

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individual employment claims under the False Claims Act (31 U.S.C. § 3730(h)) and under state law;

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(iii) appropriate releases; and (iv) a dismissal of the Action in its entirety with prejudice as to Relator,

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but a dismissal without prejudice of the Federal FCA claims as to the United States and of the

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California FCA claims as to the State of California.

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The parties therefore respectfully request that the Court enter an order dismissing this Action

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in its entirety, including all claims in the Third Amended Complaint with prejudice as to Relator, but

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dismissing without prejudice the Federal FCA claims as to the United States and the California FCA

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claims as to the State of California, as well as dismissing with prejudice Defendant Sorensen’s

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counterclaim.

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IT IS SO STIPULATED.

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Dated: January 25, 2018

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GIBSON, DUNN & CRUTCHER LLP
JOSEPH R. ROSE
By:

/s/ Joseph R. Rose
Joseph R. Rose

Attorney for Defendants NORTH AMERICAN
HEALTH CARE. INC., JOHN SORENSEN

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Gibson, Dunn &
Crutcher LLP

STIPULATION AND [PROPOSED] ORDER DISMISSING THE ACTION – CASE NO. 14-CV-02401-WHO

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I, Joseph R. Rose, attest that the concurrence in the
filing of this document has been obtained from C.
Brooks Cutter.

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Dated: January 25, 2018

CUTTER LAW, P.C.
C. BROOKS CUTTER

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By:

/s/ C. Brooks Cutter
C. Brooks Cutter

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Attorney for RELATOR JOHN ORTEN
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Gibson, Dunn &
Crutcher LLP

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STIPULATION AND [PROPOSED] ORDER DISMISSING THE ACTION – CASE NO. 14-CV-02401-WHO

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ORDER OF DISMISSAL
The Court hereby GRANTS the foregoing stipulation of the parties for dismissal of the action
pursuant to Federal Rule of Civil Procedure 41 and 31 U.S.C. § 3730, and ORDERS as follows:
(1)

Relator’s Third Amended Complaint is dismissed in its entirety, with prejudice as to

Relator John Orten, but without prejudice as to the United States or the State of California;

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(2)

Defendant John Sorensen’s counterclaim is dismissed; and

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(3)

All remaining court dates and deadlines are vacated.

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IT IS SO ORDERED.

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DATE: January 26, 2018
THE HONORABLE WILLIAM H. ORRICK
UNITED STATES DISTRICT JUDGE

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Gibson, Dunn &
Crutcher LLP

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STIPULATION AND [PROPOSED] ORDER DISMISSING THE ACTION – CASE NO. 14-CV-02401-WHO