United States of America v. Swims

Filing 8

ORDER granting 7 Motion for Consent Judgment. Signed by District Judge Debra M. Brown on 6/28/16. (tab)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
UNITED STATES OF AMERICA
V.

PLAINTIFF
NO. 4:15-CV-139-DMB-JMV

D’ANDREA YVONNE SWIMS

DEFENDANT

ORDER GRANTING MOTION FOR CONSENT JUDGMENT
This Medicare recovery action is before the Court on the parties’ “Joint Motion for
Consent Judgment.” Doc. #7. In their motion, the parties represent that they have reached a
settlement and ask the Court to enter a judgment implementing the settlement. Id.
“[A] federal consent decree must spring from, and serve to resolve, a dispute within the
court's subject-matter jurisdiction; must come within the general scope of the case made by the
pleadings; and must further the objectives of the law upon which the complaint was based.”
Frew ex rel. Frew v. Hawkins, 540 U.S. 431, 437 (2004). Courts must also decide whether the
judgment “represents a reasonable factual and legal determination based on the facts of record,
whether established by evidence, affidavit, or stipulation,” and whether “the settlement is fair
and that it does not violate the Constitution, statutes, or jurisprudence.” Jones v. Gusman, 296
F.R.D. 416, 428 (E.D. La. 2013) (citing Williams v. City of New Orleans, 729 F.2d 1554, 1559
(5th Cir. 1984)).
The Court has reviewed the parties’ proposed consent judgment and determined that it
satisfies these dictates. Accordingly, the parties’ joint motion for entry of the proposed consent
judgment [7] is GRANTED. The proposed consent judgment will be entered as an order of the
Court.

SO ORDERED, this 28th day of June, 2016.

/s/ Debra M. Brown
UNITED STATES DISTRICT JUDGE

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