Plaintiff's Certificate of Compliance with the Antitrust Procedures and Penalties Act

Date: 
Wednesday, November 9, 2005
Document Type: 
Certificates of Compliance with APPA
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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION


UNITED STATES OF AMERICA,    

                  Plaintiff,

                  v.

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's Certificate of Compliance with
the Antitrust Procedures and Penalties Act

Plaintiff, United States of America, by the undersigned attorneys, hereby certifies its compliance with the Antitrust Procedures and Penalties Act ("APPA"), 15 U.S.C. § 16(b)-(h), before entry of the Final Judgment As To Settling Physician Defendants ("Final Judgment") as follows:

  1. The settlement Stipulation between Plaintiff and Dr. Michael Karram, Dr. Warren Metherd, and Dr. James Wendel (the "Settling Physician Defendants") was filed with the Court on June 24, 2005 (Dkt. Entry #4). The proposed Final Judgment between Plaintiff and the Settling Physician Defendants was lodged with the Court on June 24, 2005. Plaintiff's Competitive Impact Statement Concerning The Proposed Final Judgment As To Settling Physician Defendants ("Competitive Impact Statement") was filed on July 22, 2005 (Dkt. Entry #17).
  2. In the Stipulation, Plaintiff and the Settling Physician Defendants agreed that the proposed Final Judgment may be entered by the Court, upon the motion of Plaintiff, or any Settling Physician Defendant, or upon the Court's own action, at any time after compliance with the requirements of the APPA, and without further notice to any stipulating party or other proceedings;
  3. The Stipulation, proposed Final Judgment, and Competitive Impact Statement were published in the Federal Register on August 2, 2005, at 70 Fed. Reg. 44,376 (copy attached as Exhibit A);
  4. A summary of terms of the proposed Final Judgment and the Competitive Impact Statement were published in: (a) the Washington Post, a newspaper of general circulation in the District of Columbia, beginning on August 4, 2005, and continuing through August 10, 2005; and (b) the Cincinnati Enquirer, a newspaper of general circulation in Cincinnati, Ohio, beginning on August 11, 2005, and continuing through August 17, 2005 (copies attached as Exhibit B);
  5. Copies of the Stipulation, proposed Final Judgment, and Competitive Impact Statement were furnished to all persons requesting them from Plaintiff;
  6. On July 11, 2005, each of the Settling Physician Defendants filed, as required by 15 U.S.C. § 16(g), a certification and description of all written or oral communications, except by counsel of record alone, by or on behalf of defendant with any officer or employee of the United States concerning or relevant to the consent judgment proposal (Dkt. Entries 10, 11, 12);
  7. During the sixty-day comment period prescribed by 15 U.S.C. § 16(b) for the receipt and consideration of written comments, commencing on August 18, 2005, and ending on October 16, 2005, the United States received no comments;

Accordingly, all requirements of the APPA conditioning entry of the proposed Final Judgment have been satisfied since October 17, 2005.

Dated: November 9, 2005

  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

/s/ Paul Torzilli
Steven Kramer
Paul Torzilli
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 of America

Attachments


CERTIFICATE OF SERVICE

I hereby certify that on November 9, 2005, I electronically filed the foregoing Plaintiff's Certificate of Compliance with the Antitrust Procedures and Penalties Act with the Clerk of the Court using CM/ECF system which will send notification of such filing to G. Jack Donson, Esq. (Trial Attorney for Defendant Dr. Michael Karram), and Donald J. Mooney, Jr., Esq. (Trial Attorney for Defendant Federation of Physicians and Dentists, and Defendant Lynda Odenkirk). I further certify that I have caused the document to be sent via electronic mail (or facsimile as indicated below) and first-class U.S. Mail, postage prepaid, to the following non-CM/ECF participants:

Michael E. DeFrank, Esq.
Scott R. Thomas, Esq.
Hemmer Pangburn DeFrank PLLC
Suite 200
250 Grandview Drive
Fort Mitchell, KY 41017
sthomas@HemmerLaw.com
Trial Attorneys for Defendant Dr. James Wendel
Via electronic mail

Jeffrey M. Johnston, Esq.
37 North Orange Avenue
Suite 500
Orlando, FL 32801
Fax: 407-926-2453
Attorney for Defendant Dr. Warren Metherd
Via facsimile

Kimberly L. King
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
Via electronic mail
  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