Plaintiff's Motion for Entry of Final Judgment As To Settling Physician Defendants

Date: 
Wednesday, November 9, 2005
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,

                  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 Motion for Entry of Final Judgment As To Settling Physician Defendants

Plaintiff, United States of America, requests that the Court, pursuant to 15 U.S.C. § 16(e)-(f) and Fed.R.Civ.P. 54(b), enter the proposed "Final Judgment As To Settling Physician Defendants" lodged with the Court on June 24, 2005. The Settling Physician Defendants Dr. Michael Karram, Dr. Warren Metherd, and Dr. James Wendel consent to this motion, as expressed in the previously filed Stipulation (Dkt. Entry #4). Counsel for the other defendants in this action, Federation of Physicians and Dentists and Lynda Odenkirk, has authorized Plaintiff to represent to the Court that said Defendants do not oppose entry of the proposed Final Judgment. These Defendants are not parties to the settlement. The grounds for this motion are set forth in the accompanying memorandum.(1)

Dated: November 9, 2005

/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

Respectfully submitted,

/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


CERTIFICATE OF SERVICE

I hereby certify that on November 9, 2005, I electronically filed the foregoing Plaintiff's Motion for Entry of Final Judgment As To Settling Physician Defendants 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

FOOTNOTES

1. Plaintiff will submit a Form of Order for the Court's consideration, in the manner prescribed by the CM/ECF Manual (§ II.E.2.b). Plaintiff's submission of the Order will include a copy of the proposed "Final Judgment As To Settling Physician Defendants."

Attachments: 
Updated June 30, 2015