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)

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

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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.
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