Pitts v. Hedges et al

Filing 207

ORDER granting 204 Motion to Dismiss. Signed by District Judge Terrence W. Boyle on 8/29/2022. Copy sent via US Mail to Jeffrey Hedges and Medical Fusion at 12 Cool Springs Drive Asheville, NC 28806 and ADIO Management Company, Inc. at 170 S. Willow Brook Drive, Asheville, NC 28806. (Stouch, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:16-CV-127-BO

UNITED STATES OF AMERICA, ex rel.
DR. VENUS PITTS,
Plaintiff,
V.

JEFFREY G. HEDGES, et al. ,
Defendants.

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ORDER

This matter is before the Court on the United States of America' s motion to dismiss its
remaining claims alleged in its complaint in intervention. [DE 204]. Relator has responded,
indicating her non-opposition to the United States' motion to dismiss. Relator further voluntarily
dismisses any non-intervened claims without prejudice, which is unopposed by the United States.
[DE 206] . The remaining defendants in this case have failed to respond to the motion to dismiss
within the time provided, and the matter is therefore ripe for ruling.
Accordingly, and pursuant to Rules 41(a)(2), the remaining claims alleged in the United
States' complaint in intervention [DE 48] against defendants Jeffrey G. Hedges, ADIO
Management Company, Inc., and Medical Fusion, LLC but not resolved in the Court' s order on
summary judgment [DE 196] are hereby DISMISSED.
Consistent with the order on summary judgment, the Clerk is DIRECTED to enter
judgment in favor of the United States and against defendants Jeffrey G. Hedges and ADIO
Management Company for $1 ,097,975 .24, as of the date of entry of this order.
Additionally, all non-intervened claims alleged by relator are hereby DISMISSED
WITHOUT PREJUDICE.

Case 5:16-cv-00127-BO Document 207 Filed 08/29/22 Page 1 of 2

The Clerk is further DIRECTED to enter judgment and close the case.

SO ORDERED, trusJ.{ day of August 2022.

~tJ.lJ_r
TRRENcE w. BOYLE
UNITED STATES DISTRICT JUDG

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Case 5:16-cv-00127-BO Document 207 Filed 08/29/22 Page 2 of 2