Madsen v. St. Luke's Health System, Ltd et al

Filing 94

MEMORANDUM DECISION AND ORDER. It is HEREBY ORDERED: The United States' Motion to Approve Settlement and Dismiss the Case (Dkt. 80 ) is GRANTED. Defendant Idaho Elks Rehabilitation Hospital, Inc.'s ("Idaho Elks") Second Motion to Dismiss (Dkt. 67 ) is MOOT. Defendants' St. Luke's Health System, Ltd. and St. Luke's McCall, Ltd. Motion to Dismiss (Dkt. 69 ) is MOOT. Defendants Warren Gude and Raymond Otto's Motion to Dismiss (Dkt. 71 ) is MOOT. The Case is DISMISSED with prejudice. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ckh)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
UNITED STATES OF AMERICA ex
rel. JULIE MADSEN, M.D., an
individual,

Case No. 1:15-cv-00210-DCN

Relator/ Plaintiff,

MEMORANDUM DECISION AND
ORDER

vs.
ST. LUKE’S HEALTH SYSTEM,
LTD., an Idaho Corporation, ST.
LUKE’S McCALL, LTD., an Idaho
Corporation, IDAHO ELKS
REHABILITATION HOSPITAL, INC.,
an Idaho Corporation, ELK’S WOUND
CARE CENTER, an Idaho Joint
Venture, CENTER FOR WOUND
HEALING AND HYPERBARIC
MEDICINE, LLP, WARREN GUDE,
M.D., RAYMOND OTTO, M.D., and
JOHN/JANE DOES 1 through X, whose
true identities are presently unknown,
Defendants.

I.

DISCUSSION

Pending before the Court is Defendant Idaho Elks Rehabilitation Hospital, Inc.’s
Second Motion to Dismiss (Dkt. 67); Defendants’ St. Luke’s Health System, Ltd. and St.
Luke’s McCall, Ltd. Motion to Dismiss Third Amended Complaint (Dkt. 69); Defendants
Warren Gude and Raymond Otto’s Motion to Dismiss Third Amended Complaint (Dkt.
71); and the United States’ Motion to Approve Settlement and Dismiss the Case (Dkt. 80).

MEMORANDUM DECISION AND ORDER - 1

On November 14, 2019, the Court held oral argument on the above motions. During
oral argument, Relator Dr. Julie Madsen withdrew her objection to the Government’s
Motion to for Settlement. As all of the parties consent to the proposed settlement, attached
as Exhibit A to the Government’s motion, (Dkt. 80-1), the Court GRANTS the motion to
approve settlement pursuant to 31 U.S.C. § 3730(c)(2)(B) and DISMISSES the case with
prejudice. The motions to dismiss are MOOT.
II.

ORDER

It is HEREBY ORDERED:
1. The United States’ Motion to Approve Settlement and Dismiss the Case (Dkt.
80) is GRANTED.
2. Defendant Idaho Elks Rehabilitation Hospital, Inc.’s (“Idaho Elks”) Second
Motion to Dismiss (Dkt. 67) is MOOT.
3. Defendants’ St. Luke’s Health System, Ltd. and St. Luke’s McCall, Ltd. Motion
to Dismiss (Dkt. 69) is MOOT.
4. Defendants Warren Gude and Raymond Otto’s Motion to Dismiss (Dkt. 71) is
MOOT.
5. The Case is DISMISSED with prejudice.

DATED: November 18, 2019
_________________________
David C. Nye
Chief U.S. District Court Judge

MEMORANDUM DECISION AND ORDER - 2