The State of Florida et al v. Hope Hospice and Community Services, Inc. et al

Filing 57

ORDERED: The claims against Defendant Hope Hospice and Community Services, Inc. d/b/a Hope Hospice are DISMISSED without prejudice to the Government and Relator's right to enforce Hope Hospice's payment obligations in accordance with th e parties' Settlement Agreement. Otherwise (and in the absence of a motion to vacate), the claims are DISMISSED with prejudice as to Relator; and the claims are DISMISSED with prejudice as to the Government for "covered conduct" as se t out in the Settlement Agreement. As for any remaining matters against Hope Hospice, the Government's claims are DISMISSED without prejudice. Relator's claims against Defendants Visiting Nurses Association of Southwest Florida, Inc.; Flor ida Pace Association, Inc.; Hope Memorial Care, Inc.; and Samira Beckwith are DISMISSED with prejudice. The Government's claims against Defendants Visiting Nurses Association of Southwest Florida, Inc.; Florida Pace Association, Inc.; Hope Memorial Care, Inc.; and Samira Beckwith are DISMISSED without prejudice. The Clerk is DIRECTED to enter judgment, terminate any pending motions or deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 7/9/2020. (AEH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
UNITED STATES OF AMERICA, and
THE STATE OF FLORIDA, ex rel.,
MARGARET PETERS, R.N., on
behalf of the United States
Government,
Plaintiffs,
v.

Case No: 2:16-cv-6-FtM-99MRM

HOPE HOSPICE AND
COMMUNITY SERVICES,
INC., et. al.
Defendants.
/
ORDER
Before the Court is the Government and Relator Margaret Peters’ Joint Notice
of Voluntary Dismissal filed on July 8, 2020.
Under Federal Rule of Civil Procedure 41(a) and 31 U.S.C. § 3730(b)(1), the
Government and Peters seek to dismiss all claims against Defendant Hope Hospice
and Community Services, Inc. d/b/a Hope Hospice in accordance with the parties’
Settlement Agreement. This dismissal is without prejudice so the Government and
Peters may move to vacate and reinstate the case if Hope Hospice does not satisfy
with its payment obligations under the Settlement Agreement.

Aside from that

circumstance, the dismissal is with prejudice against Peters. And it is with prejudice

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as to the Government regarding “covered conduct” as defined in the Settlement
Agreement.

On any remaining matters, the Government’s claims are dismissed

without prejudice.
As to the other Defendants (Visiting Nurses Association of Southwest Florida,
Inc.; Florida Pace Association, Inc.; Hope Memorial Care, Inc.; and Samira Beckwith)
the dismissal is with prejudice for Peters and without prejudice for the Government.
Accordingly, it is now
ORDERED:
1. The claims against Defendant Hope Hospice and Community Services, Inc.
d/b/a Hope Hospice are DISMISSED without prejudice to the Government
and Relator’s right to enforce Hope Hospice’s payment obligations in
accordance with the parties’ Settlement Agreement. Otherwise (and in the
absence of a motion to vacate), the claims are DISMISSED with prejudice
as to Relator; and the claims are DISMISSED with prejudice as to the
Government for “covered conduct” as set out in the Settlement Agreement.
As for any remaining matters against Hope Hospice, the Government’s
claims are DISMISSED without prejudice.
2. Relator’s claims against Defendants Visiting Nurses Association of
Southwest Florida, Inc.; Florida Pace Association, Inc.; Hope Memorial
Care, Inc.; and Samira Beckwith are DISMISSED with prejudice.

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3. The Government’s claims against Defendants Visiting Nurses Association
of Southwest Florida, Inc.; Florida Pace Association, Inc.; Hope Memorial
Care, Inc.; and Samira Beckwith are DISMISSED without prejudice.
4. The Clerk is DIRECTED to enter judgment, terminate any pending motions
or deadlines, and close the file.
DONE and ORDERED in Fort Myers, Florida this 9th day of July 2020.

Copies: All Parties of Record

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