Kurnik et al v. Amgen Inc et al

Filing 78

ORDER dismissing all claims against Omnicare, Inc. and directing the Clerk to unseal the entire docket. Signed by Honorable Joseph F. Anderson, Jr. on 03/03/2014. (bshr, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION

UNITED STATES OF AMERICA, ex rel.
FRANK KURNIK, et al.,
Plaintiffs,
v.
OMNICARE, INC., PHARMERICA
CORPORATION, and KINDRED
HEALTHCARE INC.
Defendants.

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CA No. 3:11-cv-01464-JFA

ORDER OF DISMISSAL OF CLAIMS AGAINST OMNICARE, INC.
Pursuant to 31 U.S.C. § 3730(b)(1), the parties have filed a Stipulation of Dismissal of
Claims Against Omnicare, Inc. Upon due consideration of the Stipulation and the papers on file
in this action,
IT IS ORDERED that,
1.

Consistent with the terms of the February 27, 2014, Settlement Agreement

between the United States, Relator, and Omnicare, Inc., all civil monetary claims asserted on
behalf of the United States against Omnicare, Inc. concerning the Covered Conduct as defined in
the preamble of Paragraph E of the Settlement Agreement shall be dismissed with prejudice.
2.

Any other claims asserted on behalf of the United States against Omnicare, Inc.

shall be dismissed without prejudice to the United States.
3.

Any other claims asserted on behalf of the United States against Omnicare, Inc.

shall be dismissed with prejudice to the relator.

4.

The February 27, 2014 Settlement Agreement is in the best interest of the United

States, Relator, and Omnicare, Inc., in order to avoid the delay, uncertainty, inconvenience, and
expense of protracted litigation.
5.

In accordance with ECF No. 58, the Clerk is directed to UNSEAL the entire

docket in this action.
IT IS SO ORDERED.

March 3, 2014
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

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