Hartnett et al v. Physicians Choice Laboratory Services, LLC et al

Filing 144

ORDER on 143 Stipulation of Dismissal of Claims Against Defendant Philip McHugh filed by the United States. The Court approves the dismissal of the claims and causes of action as set forth in the United States' 38 Complaint in Intervention against only Defendant McHugh, with prejudice as to the United States. Signed by District Judge Kenneth D. Bell on 3/26/2021.(nvc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL FILE NO. 3:17-CV-37
UNITED STATES OF AMERICA ex rel.
TARYN HARTNETT, and DANA
SHOCHED,
Plaintiffs,

ORDER

vs.
PHYSICIANS CHOICE LABORATORY
SERVICES, DOUGLAS SMITH, PHILIP
MCHUGH AND MANOJ KUMAR,
Defendants.

THIS MATTER IS BEFORE THE COURT on the Stipulation of Dismissal of Claims
Against Defendant Philip McHugh filed by the United States, Defendant Philip McHugh and
Relators James D. Jenkins, Elizabeth Coyle, and Elizabeth Merry (the “Parties”), pursuant to Rule
41(a)(2) of the Federal Rules of Civil Procedure and the qui tam provisions of the False Claims
Act, 31 U.S.C. § 3730(b)(1) (Doc. 143).
Upon review of the Stipulation of Dismissal, the Settlement Agreement executed by the
Parties, and the entire record of this cause, the Court hereby enters the following Order.
IT IS, THEREFORE, ORDERED that:
1.

The Court approves the dismissal of the claims and causes of action as set forth in

the United States’ Complaint in Intervention (Doc. 38) against only Defendant McHugh, with
prejudice as to the United States;

2.

The United States and Defendant McHugh shall each bear their own costs and

attorney’s fees related to the Complaint in Intervention;
3.

The Court retains jurisdiction over the claims of Relators Jenkins, Coyle and Merry,

pursuant to 31 U.S.C. § 3730(d), to recover reasonable expenses, attorneys’ fees, and costs
associated with the above-captioned litigation from Defendant McHugh;
4.

The Court retains jurisdiction to the extent necessary to enforce the terms of the

Settlement Agreement (Doc. 143-1), including but not limited to entry of a Consent Order (Doc.
143-2) in the event of an “Uncured Default,” as that term is defined in, and consistent with, the
default provisions of the Settlement Agreement;
5.

The Court retains jurisdiction over the United States’ claims and causes of action

against Defendant Douglas Smith; and
6.

All other papers or Orders on file in this matter currently under seal shall remain

under seal.
SO ORDERED.

Signed: March 26, 2021

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