Welch et al v. My Left Foot Children's Therapy, LLC et al

Filing 181

ORDER of DISMISSAL pursuant to ECF No. 180 Stipulation. Signed by Judge Miranda M. Du on 11/19/2018. (Copies have been distributed pursuant to the NEF - LH)

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1 2 3 4 THE EMPLOYMENT LAW GROUP, P.C. R. SCOTT OSWALD (admitted pro hac vice) 888 17th Street, NW, Suite 900 Washington, DC 20006 Telephone: (202) 331-2883 Facsimile: (202) 261-2835 Email: soswald@employmentlawgroup.com 5 6 Attorneys for Plaintiff/Relator Mary Kaye Welch 7 8 UNITED STATES DISTRICT COURT 9 FOR THE DISTRICT OF NEVADA 10 11 12 UNITED STATES OF AMERICA AND THE STATE OF NEVADA ex rel. MARY KAYE WELCH, 13 Plaintiffs, 14 15 Case No. 2:14-cv-01786-MMD-GWF STIPULATION AND [PROPOSED] ORDER OF DISMISSAL v. My Left Foot Children’s therapy, LLC, et al., 16 Defendants. 17 18 Relator Mary Kaye Welch ( “Relator”) filed this action under the qui tam provision of the False 19 Claims Act, 31 U.S.C. § 3729, et seq., against Defendants My Left Foot Children’s Therapy, LLC 20 (“My Left Foot”), Ann Marie Gottlieb, and Jon Gottlieb (collectively, “Defendants,” and together with 21 Relator, the United States, and the State of Nevada, the “Parties”). The Parties by and through their 22 respective counsel, have reached a settlement in this case. Accordingly, there being no objection to the 23 relief sought, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the parties respectfully 24 /// 25 /// 26 /// 27 /// 28 1 STIPULATION AND [PROPOSED] ORDER OF DISMISSAL CASE NO. 2:14-cv-01786-MMD-GWF 1 2 3 request that the Court enter the below [Proposed] Order. IT IS SO STIPULATED. DATED: 4 5 6 DATED: BY: ____/s/_Troy Flake_____________________________ Troy Flake Office of the United States Attorney, District of Nevada Assistant United States Attorney DATED: BY: ___/s/_Mark Kemberling________________________ Mark Kemberling State of Nevada, Office of the Attorney General, Chief Deputy Attorney General 7 8 9 10 11 12 13 14 BY: ____/s/__R. Scott Oswald_______________________ R. Scott Oswald The Employment Law Group, P.C. Attorneys for Relator DATED: Nov. 15, 2018 BY: /s/ Shawn Hanson Shawn Hanson Akin Gump Strauss Hauer & Feld LLP Attorneys for Defendants 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 STIPULATION AND [PROPOSED] ORDER OF DISMISSAL CASE NO. 2:14-cv-01786-MMD-GWF ORDER 1 2 IT IS THEREFORE ORDERED that: 3 1. The allegations in the operative complaint against Defendants are dismissed with prejudice as to the 4 Relator, and are dismissed as to the United States and the State of Nevada consistent with the 5 Settlement Agreement, with prejudice as to the “Covered Conduct” as defined in the Settlement 6 Agreement and otherwise without prejudice; 7 2. The Court shall retain jurisdiction over any disputes that may arise regarding compliance with the 8 Settlement Agreement; and 9 3. Having determined there is no just reason for delay, this Order shall be entered accordingly. 10 IT IS SO ORDERED. 11 19th Dated this ___ day of November 2018. 12 13 ____________________________________ United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION AND [PROPOSED] ORDER OF DISMISSAL CASE NO. 2:14-cv-01786-MMD-GWF

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