Plaintiff United States' Motion For Partial Summary Judgment of Liability Against The Federation of Physicians and Dentists and Lynda Odenkirk

Date: 
Thursday, January 26, 2006
Document Type: 
Motions and Memoranda - Miscellaneous
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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION


UNITED STATES OF AMERICA,    

                  Plaintiff,

                  vs.

FEDERATION OF PHYSICIANS AND   
DENTISTS, et al.

                  Defendants.


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Case No. 1:05-cv-431

Hon. Sandra S. Beckwith, C.J.

Hon. Timothy S. Hogan, M.J.

PLAINTIFF UNITED STATES' MOTION
FOR PARTIAL SUMMARY JUDGMENT OF LIABILITY AGAINST
THE FEDERATION OF PHYSICIANS AND DENTISTS AND LYNDA ODENKIRK

Pursuant to Fed.R.Civ.P. 56, the United States of America respectfully moves the court for an order granting partial summary judgment on the liability of the two active defendants in the case, the Federation of Physicians and Dentists, and Lynda Odenkirk. These defendants orchestrated an antitrust conspiracy in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1. The grounds for this motion are fully set forth in the accompanying brief.

The United States is initially filing its legal memorandum and exhibits under seal in accordance with paragraph 11 of the Protective Order (Dkt. Entry #25). Once any disputes over confidentiality are resolved as prescribed by the Protective Order the United States will file a public version of its brief and annexed exhibits.

Dated: January 26, 2006

Respectfully submitted,

___/s/ Gerald F. Kaminski___
Gerald F. Kaminski
(Bar No. 0012532)
Assistant United States Attorney

Office of the United States Attorney
221 E. 4th Street, Suite 400
Cincinnati, Ohio 45202
(p) 513-684-3711
Attorney for plaintiff United States

___/s/ Paul Torzilli___
Steven Kramer
Richard Cooke
Paul Torzilli
Attorneys

Antitrust Division
United States Department of Justice
1401 H Street, N.W., Suite 4000
Washington, D.C. 20530
(p) 202-514-8349
paul.torzilli@usdoj.gov
Attorneys for plaintiff United States


CERTIFICATE OF SERVICE

I hereby certify that on January 26, 2006, I electronically filed the foregoing Plaintiff United States' Motion for Partial Summary Judgment of Liability against the Federation of Physicians and Dentists and Lynda Odenkirk with the Clerk of the Court using the CM/ECF system which will send notification of such filing to Donald J. Mooney, Jr., Esq. (Trial Attorney for Defendant Federation of Physicians and Dentists and Defendant Lynda Odenkirk), and I hereby certify that I have caused the foregoing to be sent via electronic mail and overnight courier, shipping charges prepaid, to the following non CM/ECF participant:

Kimberly L. King, Esq.
Hayward & Grant, P.A.
2121-G Killarney Way
Tallahassee, FL 32309
kking@kkinglaw.com
Attorney for Defendant Federation of Physicians and Dentists
Attorney for Defendant Lynda Odenkirk

  ___/s/ Paul Torzilli___
Paul Torzilli
Attorney for the United States of America
United States Department of Justice
Antitrust Division
1401 H Street, NW, Suite 4000
Washington, DC 20530
(p) 202-514-8349
(f) 202-307-5802
E-Mail: paul.torzilli@usdoj.gov

Attachments: 
Updated June 30, 2015