Geisinger v. Piedmont Pathology Associates, Inc. et al

Filing 32

ORDER granting 31 Motion to Dismiss pursuant to the Settlement Agreement. Plaintiff/Realtor shall have up to and including October 24, 2017 to file either a status report detailing its negotiations with Defendants regarding attorneys' fees or a motion and supporting memorandum addressing the issue of attorneys' fees. Signed by District Judge Richard Voorhees on 8/24/2017. (tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CASE NO. 5:14-cv-00121-RLV-DCK
KIM R. GEISINGER, MD, as relator on behalf )
of the United States of America
)
)
Plaintiff-Relator,
)
)
vs.
)
)
PIEDMONT PATHOLOGY ASSOCIATES,
)
INC. and PIEDMONT PATHOLOGY, PC,
)
)
Defendants.
)
)

ORDER

THIS MATTER IS BEFORE THE COURT on the parties Joint Motion to Dismiss
(Doc. 31) following the United States’ intervention in this matter. Upon due consideration of the
record in this matter, including the Stipulation of Dismissal, this Court finds that the parties have
reached a settlement of claims in this matter. (See Doc. 30-1 (“Settlement Agreement”). Pursuant
to the Settlement Agreement the United States and Plaintiff/Relator Kim R. Geisinger have
released claims for the “Covered Conduct” as described in Paragraph D of the Settlement
Agreement (Doc. 30-1 at 2) and Relator, with the consent of the United States, has released all
other claims raised in this Action.
IT IS, THEREFORE, ORDERED THAT:
(1)

Consistent with the terms of the Settlement Agreement among the United States,

Plaintiff/Relator Kim R. Geisinger, and Defendants Piedmont Pathology Associates, Inc. and
Piedmont Pathology, PC, all claims asserted by the United States and Plaintiff/Relator in this case
for the Covered Conduct as described in Paragraph D of the Settlement Agreement are
DISMISSED WITH PREJUDICE;

(2)

Any remaining claims asserted in this Action shall be DISMISSED WITH

PREJUDICE as brought by Plaintiff/Relator and DISMISSED WITHOUT PREJUDICE as to
the United States; and
(3)

This Court shall retain jurisdiction to enforce the terms, conditions, and releases of

the Settlement Agreement to the extent reasonable, necessary, and appropriate. This Court further
retains jurisdiction to resolve issues relating to Plaintiff/Relator’s claim for attorneys’ fees,
expenses, and costs against Defendants under 31 U.S.C § 3730(d). (See Doc. 30-1 at 4-5).
Plaintiff/Relator shall have up to and including October 24, 2017 to file either a status report
detailing its negotiations with Defendants regarding attorneys’ fees or a motion and supporting
memorandum addressing the issue of attorneys’ fees.
SO ORDERED.

Signed: August 24, 2017