Majure et al v. Carolina Comprehensive Health Network, PA et al
Filing
60
ORDER re: 59 Joint Stipulation of Dismissal of Claims Against Defendants. Signed by District Judge Kenneth D. Bell on 9/14/2020. (nvc)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:15-CV-134
United States of America and the State of North
Carolina, ex rel David A. Majure, M.D. and Carla
C. Majure,
Plaintiffs,
v.
Carolina Comprehensive Health Network, PA;
Statesville Medical Management Services, LLC;
Michael A. Smith; Brian Gaskill; Codey Brown;
and Dr. Harrison “Gabe” Frank,
Defendants.
ORDER
THIS MATTER IS BEFORE THE COURT on the Joint Stipulation of Dismissal of
Claims Against Defendants (the “Stipulation,” Doc. 59), entered into by the United States, the
State of North Carolina, and the Relators pursuant to the False Claims Act, 31 U.S.C. § 3730(b)(1),
the North Carolina False Claims Act, N.C. Gen. Stat. § 1-608(b)(1) and Rule 41(a) of the Federal
Rules of Civil Procedure , and the Court, having read and considered the Stipulation and the papers
on file in this action, rules as follows:
1.
Consistent with the terms of the Settlement Agreements executed by the United
States of America; the State of North Carolina; David. A Majure, M.D. and Carla C. Majure (the
“Relators”), and Michael A. Smith, Codey Brown, and Dr. Harrison Frank (the “Settling
Defendants”):
(a)
all claims and causes of action set forth in the qui tam Complaint shall be
dismissed with prejudice as to Relators;
(b)
all claims and causes of action set forth in the qui tam Complaint and
brought on behalf of the United States and State of North Carolina against
the Settling Defendants for the Covered Conduct, as that term is specifically
defined in Paragraph D of the August 25, 2020 Settlement Agreements
between the United States, Relators and the Settling Defendants, shall be
dismissed with prejudice as to the United States and State of North Carolina;
and
(c)
all other claims against the Settling Defendants and all claims against any
other Defendant shall be dismissed without prejudice to the United States
and State of North Carolina.
2.
The Court will retain jurisdiction to the extent necessary to enforce the terms and
conditions of the Settlement Agreements.
SO ORDERED.
Signed: September 14, 2020
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?