Opinion
Civil Action 2:13-cv-00035
05-16-2022
UNITED STATES OF AMERICA, et al., ex rel. DEBRA NORRIS, Plaintiffs, v. DAVID FLORENCE, Defendant.
For the United States: MARK H. WILDASIN United States Attorney Middle District of Tennessee WYNN M. SHUFORD Assistant United States Attorney United States Attorney's Office For Defendant David Florence: THE HUSKEY FIRM Robert L. Huskey Jason L. Huskey For Relator Debra Norris: SIMS FUNK, PLC Robert A. Peal Grace A. Fox Sims Funk, PLC
For the United States: MARK H. WILDASIN United States Attorney Middle District of Tennessee
WYNN M. SHUFORD Assistant United States Attorney United States Attorney's Office
For Defendant David Florence: THE HUSKEY FIRM
Robert L. Huskey Jason L. Huskey
For Relator Debra Norris: SIMS FUNK, PLC Robert A. Peal Grace A. Fox Sims Funk, PLC
CONSENT JUDGMENT AND PERMANENT INJUNCTION
ALISTAIR E. NEWBERN UNITED STATES MAGISTRATE JUDGE
Plaintiff the United States of America (“United States”) filed an Amended Complaint in Intervention (“Complaint”) in this matter against Defendant David Florence (“Florence”) and other defendants seeking damages and civil penalties under the Controlled Substances Act, 21 U.S.C. § 801 et seq. (“CSA”) and the False Claims Act, 31 U.S.C. § 3729, et seq., as well as injunctive relief under the CSA against Florence and others. ECF No. 77. The United States, Relator Debra Norris (“Relator”), and Florence (the “Parties”) stipulate to the entry of this Consent Judgment and Permanent Injunction (“Order”) to resolve the claims alleged in the Complaint against Florence, the only remaining defendant in this action. The Parties have informed the Court of the following:
PARTIES
1. Plaintiff is the United States.
2. Relator is a resident of Tennessee. On May 3, 2013, she filed a qui tam action against Florence and other defendants.
3. Florence is a resident of Tennessee and a doctor of osteopathy. 1
JURISDICTION AND VENUE
4. This Court has subject matter jurisdiction over this action pursuant to 21 U.S.C. §§
842(c)(1)(A), 843(f), and 882(a), 28 U.S.C. §§ 1331, 1345, and 1355, and 31 U.S.C. §§ 3730(a) and 3732(b). For purposes of this Order, Florence consents to this Court's subject matter and personal jurisdiction.
5. For purposes of this Order, Florence consents to venue in this judicial district.
6. For purposes of this Order, Florence agrees that the Complaint states claims upon which relief can be granted under the Controlled Substances Act and the False Claims Act.
7. To avoid the delay, uncertainty, inconvenience, and expense of protracted litigation, the Parties have reached a settlement agreement in this matter, some of the terms of which are set forth below. The Parties recognize, and by entry of this Order the Court finds, that this Order is fair, reasonable, and in the public interest.
ORDER
In view of the foregoing, and based on the Parties' consent, it is hereby ORDERED, ADJUDGED, and DECREED as follows:
1. Florence is hereby permanently restrained and enjoined under 21 U.S.C. §§ 843(f) and 882(a), from the date when this Order is signed, from issuing prescriptions for any controlled substances under Schedules II and III of the CSA (see 21 U.S.C. § 812 and 21 C.F.R. §§ 1308.1213), except for buprenorphine products as allowed by Tennessee law, testosterone, Fioricet, and Fiorinal.
2. Florence shall not apply for any DEA registration for any controlled substances under Schedules II or III of the CSA (see 21 U.S.C. § 812 and 21 C.F.R. §§ 1308.12-13), except for buprenorphine products as allowed by Tennessee law, testosterone, Fioricet, and Fiorinal. 2
3. Florence warrants that he freely duress or compulsion and upon the advice of le and warrant that they are fully authorized to ex
4. This action and all claims asse otherwise dismissed with prejudice. Each Part in connection with this matter.
5. This Order resolves only those c any other civil, criminal, or administrative clai Florence.
6. The United States District Co exclusive jurisdiction to enforce or modify t additional relief as may be necessary or appropriate. 3