United States of America et al v. Health First, Inc. et al

Filing 145

ORDER dismissing case Signed by Judge Roy B. Dalton, Jr. on 6/13/2017. (VMF)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION UNITED STATES OF AMERICA; THE STATE OF FLORIDA, Plaintiffs, ex rel. JOHN DOE, Relator, v. Case No. 6:14-cv-501-Orl-37DCI HEALTH FIRST, INC.; HEALTH FIRST HEALTH PLANS INC.; HEALTH FIRST MEDICAL GROUP; HOLMES REGIONAL MEDICAL CENTER; PALM BAY HOSPITAL; CAPE CANAVERAL HOSPITAL; VIERA HOSPITAL; MELBOURNE SAME DAY SURGERY CENTER; and MELBOURNE GI CENTER, Defendants. _____________________________________ ORDER After more than three years of litigation, it is finally finished—the parties to this False Claims Act proceeding have settled. (Doc. 143.) As required by federal law, see 31 U.S.C. § 3730(b)(1), the United States has consented to dismissal in writing and provided its reasons therefor. (Doc. 144.) And, while seemingly not so required, the State -1- of Florida has also consented. 1 Accordingly, pursuant to Federal Rule of Civil Procedure 41(a)(2), and consistent with the terms of the Settlement Agreement between Relator and the remaining Defendants (Doc. 143, pp. 8–16), it is ORDERED AND ADJUDGED as follows: 1. This action is DISMISSED WITH PREJUDICE as to the claims brought by the Relator; 2. This action is DISMISSED WITHOUT PREJUDICE with respect to any future proceedings by the United States of America or the State of Florida; 3. Such dismissal is effective immediately. 4. The Clerk is DIRECTED to close the file. DONE AND ORDERED in Chambers in Orlando, Florida, on June 13, 2017. Copies to: Counsel of Record 1 Under Florida’s False Claim Act, the State’s consent is required where a private party bringing the action seeks voluntary dismissal prior to the Court unsealing the complaint. FLA. STAT. § 68.083(2). Here, the Court unsealed Realtor’s original Complaint on February 12, 2015 (S-Doc. 13), hence obviating the need to obtain the State’s consent to dismissal at this stage. -2- -3-

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