Smith v. McBride Clinic Inc et al

Filing 31

ORDER. The Court construes 28 Plaintiff/Relator Lance Smith, M.D.'s "Dismissal with Prejudice" as a Motion to Dismiss pursuant to Federal Rule of Civil Procedure 41(a). The Motion is GRANTED. This actio n is dismissed with prejudice as to Relator Lance Smith, M.D., without prejudice as to the United States, and without prejudice as to the State of Oklahoma. The parties shall bear their own attorney's fees and costs. Signed by Judge Scott L. Palk on 1/3/2025. (llg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
THE UNITED STATES OF AMERICA;
THE STATE OF OKLAHOMA;
ex rel. LANCE SMITH, Relator;
Plaintiffs,
v.
MCBRIDE CLINIC, INC.; and
MCBRIDE CLINIC ORTHOPEDIC
HOSPITAL, LLC;
Defendants.

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CIV-21-459-SLP

ORDER OF DISMISSAL
Before the Court is Plaintiff/Relator Lance Smith, M.D.’s “Dismissal with
Prejudice” [Doc. No. 28], which the Court construes as a Motion to Dismiss pursuant to
Federal Rule of Civil Procedure 41(a). See United States, ex rel. Polansky v. Exec. Health
Res., Inc., 599 U.S. 419, 436 (2023). The United States and the State of Oklahoma have
filed Notices of Consent to Dismissal pursuant to the False Claims Act, 31 U.S.C.
§ 3730(b)(1), and the Oklahoma Medicaid False Claims Act, 63 Okla. Stat. § 5053.2(B)(1),
respectively. See [Docs. No. 29, 30]. Upon review, the Motion is GRANTED.
IT IS THEREFORE ORDERED that this action is dismissed with prejudice as to
Relator Lance Smith, M.D., without prejudice as to the United States, and without
prejudice as to the State of Oklahoma.
IT IS FURTHER ORDERED that the parties shall bear their own attorney’s fees
and costs.

IT IS SO ORDERED this 3rd day of January, 2025.

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