United States of America et al v. Oudeh et al

Filing 127

STIPULATION OF DISMISSAL AND CONSENT ORDER - Signed by District Judge James C. Dever III on 4/28/2020. (Sellers, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:18-CV-00009-D
United States of America & State of
North Carolina,
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Plaintiffs,
Stipulation of Dismissal &
Consent Order

V.

Dr. Ibrahim N. Oudeh, Teresa SloanOudeh, & Ibrahim N. Oudeh, M.D.
P.A.,

Defendants.

The parties have r~ached a Settlement Agreement to resolve this case. The Settlement
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Agreement is attached as Exhibit 1 and incorporated by reference. As part of the Settlement
Agreement, Defendants agree to entry of the Consent Judgment (the "Consent Judgment"),
attached as Exhibit 2, against them at a future date if the Plaintiffs reasonably determine that
certain circumstances which are described in the Settlement Agreement have occurred.
Thus, it is STIPULATED and ORDERED that

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1.

This action is dismissed with prejudice under Rule 41(a)(2) of the Federal Rules

of Civil Procedure. Each party shall bear their own costs.
2.

This matter shall be closed for statistical purposes; however, the Court shall retain

jurisdiction of this matter to enforce the terms of the Settlement Agreement, including the entry
of the Consent Judgment.
3.

The Court hereby finds that the Consent Judgment is based upon the consent of

the parties and is otherwise a valid judgment.

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4.

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The Clerk of Court shall not enter a final judgment in this matter at this time. If

the Plaintiffs reasonably detennines that circumstances have arisen that entitle them to file the
Consent Judgment, they may immediately file a document entitled ''Notice to Clerk to File
Consent Judgment" (the ''Notice") with this Court. Plaintiffs may file the Notice with the Court
ex parte and without providing any notice to Defendants, and Defendants expressly waive notice

and opportunity to be heard as to the filing of the Notice. The Notice must contain a general
description of the circumstances that caused the Plaintiffs to believe they were entitled to file the
Notice.
5.

Upon the filing of the Notice, the Clerk of Court shall, as soon as practicable,

reopen this case, date, sign, and file the Consent Judgment without further instruction by the
Court. Defendants expressly waive notice and opportunity to be heard as to the filing and/or
entry of the Consent Judgment by the Clerk. But Defendants are not waiving a right to contest
collection efforts or to initiate an action alleging that they are entitled to relief because the
Plaintiffs have violated the Settlement Agreement by filing the Notice.
6.

The Defendants hereby further waive any and all available defenses as to the

Plaintiffs' filing of the Notice and/or the Consent Judgment and as to filing and/or entry of the
Consent Judgment by the Clerk, including, but not limited to, defenses based upon any statute of
limitations, any failure to file a summons or complaint, any due process claim, any claim of
prejudice, or any other claim or defense whatsoever. But Defendants are not waiving defenses to ·
collection efforts. Nor are Defendants waiving the ability to initiate an action alleging that they
are entitled to relief because the Plaintiffs have violated the Settlement Agreement by filing the
Notice.

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7.

· Finally, notwithstanding the language of 28 U.S.C. § 3205 or any other statute,··

Def~d~ts agree that.Plaintiffs may take immediate collection action as soon as the Co~en:t
Judgment is entered. Alternatively, Defendants agree that, as of the date of this stipulation,

Plaintiffs have made deman4 on Defendants for p~yment of the amount listed in the Cons~t
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. Judgment and that Defendants have not paid the amount due.

SO ORDERED this

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day of__ __----'-=' 2020.
A=p=ril

III

' J ~ C. Dever,

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United States District Judge
STIPULATED AND AGREED TO: --.

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R Jona____ an Charleston

Neal Fowler

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Jose . ~- oker

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Attorneys for Defendants

Attorneys_for United States ofAmerica

Attorneyfor the State ofNorth Carolina

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