Opinion
No. 4:06-CV-000465 JLH
10-14-2011
UNITED STATES OF AMERICA, ex rd JOHN THOMAS, Plaintiffs, v. I BLACKSTONE MEDICAL, INC.*, MICHAEL M. BAILEY; BAILEY MANAGEMENT GROUP, INC; FOUNDATION FOR ORTHOPEDIC AND SPINE EDUCATION AND RESEARCH; INNOVATIVE HEALTH SOLUTIONS, INC; MOTIONTEK, INC.; OMM360,LLC;and OMND60 MANAGEMENT, INC, Defendants.
STIPULATION AND ORDER OF DISMISSAL
WHEREAS, the parties in this action have agreed on the terms of a settlement agreement; and
WHEREAS, the United States has reviewed and not objected to the terms of such . settlement agreement; and
WHEREAS, this Court has reviewed and consents to the terms of such settlement agreement; it is hereby
ORDERED that the Third Amended Complaint is hereby DISMISSED. Tie dismissal shall be WITH PREJUDICE as to the Relator; WITH PREJUDICE to the United States as to all claims in the Third Amended Complaint that are based on the submission of Medicare Part Bor Medicaid elate by, or on behalf of, Dr. Patrick Chan, Dr. Richard Ionian, or Geffrey Yielding, from 2001-2006; and WITHOUT PREJUDICE to the United States as to any other claims. Parties to bear their own costs except as provided in the settlement agreement. The Court retains jurisdiction for a period of 60 days for purposes of any disputes related to the execution of the settlement agreement.
J. Leon Holmes
United States District Judge
Michael W.Mitchell
Counsel for the Relator John Thomas
David M. Donovan
Counsel for Blackstone
Charles A. Banks J
Counsel for the Bailey Defendants