United States of America et al v. Bozeman Health Deaconess Hospital et al

Filing 463

ORDERED: Pursuant to 31 U.S.C. § 3730(b)(l) and the authority of this Court, this action is dismissed with prejudice, as fully and finally settled. This matter is CLOSED. Signed by Judge Sam E Haddon on 10/31/2018. (HEG)

FILED
OCT 3 1 2018
IN THE UNITED STATES DISTRICT COURT

Clerk, U.S. District Court
District Of Montana
Helena

FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
UNITED STATES OF AMERICA ex
rel. REMBERT and PARADISE,

CV 15-80-BU-SEH

Relators,
ORDER
vs.

BOZEMAN HEALTH DEACONESS
HOSPITAL, et. al.,
Defendants.
The parties have filed a Joint Stipulation for Dismissal with Prejudice' of
this qui tam action prosecuted by Relators pursuant to the federal False Claims
Act2 and the Montana False Claims Act. 3

1

Doc. 461.

2

31 U.S.C. §§ 3729-3733 (2018).

3

MONT.

CODE

ANN. §§ 17-8-401 to -416 (2018).

1

The parties' Joint Stipulation for Dismissal indicates that pursuant to the
settlement agreement reached, the Relators will receive a portion of the settlement
proceeds consistent with 31 U.S.C. § 3730(d)(2). 4 The remainder of the settlement
proceeds will be allocated to the United States and the State ofMontana. 5
Additionally, pursuant to the settlement agreement reached, the Relators will
receive from Defendants an agreed-upon amount for reasonable and necessarilyincurred expenses and attorneys' fees, in accordance with 31 U.S.C. § 3730(d)(2). 6
The parties, the United States, and the State of Montana have reviewed and
consent to all terms of the settlement agreement and agree that all of its terms are
reasonable and appropriate under the circumstances. 7 Pursuant to 31 U.S.C. §
3730(b)( 1), the United States, on its own behalf and on behalf of the State of
Montana, upon determination that the terms of the settlement agreement
reasonably and fairly allocate the settlement funds among the Relators and the
United States, notified the Court that the Attorney General consents to the
dismissal of this qui tam action with prejudice. 8

4

See Doc. 461 at 2.

5

See Doc. 461 at 2.

6

See Doc. 461 at 2.

7

See Docs. 461 at 2 and 462 at 2.

8

See Doc. 462 at 2.
2

The Court will not disturb the settlement agreement reached by the parties to
which the United States and the State of Montana have also consented. On that
basis, the Court approves dismissing this case with prejudice.
Accordingly, IT IS ORDERED that, pursuant to 31 U.S.C. § 3730(b)(l) and
the authority of this Court, this action is dismissed with prejudice, as fully and
finally settled.
This matter is CLOSED.
DATED this

3/

d- of October, 2018.
day

1il~£,-d4''Y\
United States District Judge

3