Plaintiff's Notice of the Applicability of the Antitrust Procedures and Penalties Act to the Final Judgment as to Settling Physician Defendants

Date: 
Friday, June 24, 2005
Document Type: 
Motions and Memoranda - Miscellaneous
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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTHERN OHIO
WESTERN DIVISION


UNITED STATES OF AMERICA,    

                  Plaintiff,

                  v.

FEDERATION OF PHYSICIANS AND
DENTISTS, et al.,

                  Defendants.


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Civil Action No. 1:05-cv-431

FILED Jun 24, 2005

PLAINTIFF'S NOTICE OF THE APPLICABILITY OF THE
ANTITRUST PROCEDURES AND PENALTIES ACT TO THE
FINAL JUDGMENT AS TO SETTLING PHYSICIAN DEFENDANTS

In the above-referenced civil antitrust case filed today by the United States, the United States has also filed Plaintiff's Stipulation with Settling Physician Defendants, Dr. Warren Metherd, Dr. Michael Karram, and Dr. James Wendel, and a proposed Final Judgment As To Settling Physician Defendants ("Final Judgment").

The Court's consideration of the Final Judgment is governed by § 5(b)-(h) of the Clayton Act, 15 U.S.C. § 16(b)-(h), commonly known as the Antitrust Procedures and Penalties Act ("the Act"). The Act requires that certain steps be taken before the Court may enter the proposed Final Judgment.

Within the near future, the United States will fill a Competitive Impact Statement ("CIS") complying with the Act's requirement that, when a proposed consent judgment is filed, a CIS explaining the nature of the case and the proposed relief must also be filed. Within 10 days after the CIS is filed, the Act requires each settling defendant to file a description of certain communications with the government.

The Act also requires that the United States publish the proposed Final Judgment and the CIS in the Federal Register. After the Federal Register publication, at least 60 days must elapse before the Court may enter the proposed Final Judgment. This period is intended to allow time for the public to submit comments to the United States regarding the proposed Final Judgment and for the United States to respond. The Act further provides that, at the close of the period for comments, the United States shall publish, in the Federal Register, its response to comments received and also file it with the Court.

Once all of the Act's requirements have been met by the parties, the United States will file with the Court a motion for entry of the proposed Final Judgment that includes a Certificate of Compliance with the Act. After the motion is filed, the Court may enter the proposed Final Judgment, after determining compliance with Fed. R. Civ. P. 54(b), and if it concludes that, pursuant to 15 U.S.C. § 16(e)-(f), entry of the judgment is in the public interest.

Dated: June 24, 2005

FOR PLAINTIFF UNITED STATES OF AMERICA:

Gregory G. Lockhart
United States Attorney

_______________/s/________________
Gerald F. Kaminski
Assistant United States Attorney

Bar No. 0012532

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

_______________/s/________________
Steven Kramer
Attorney
Antitrust Division
U.S. Department of Justice
1401 H Street, N.W., Suite 4000
Washington, D.C. 20530
(202) 307-0997
steven.kramer@usdoj.gov

CERTIFICATE OF SERVICE

I hereby certify that on June 24, 2005, copies of the foregoing Plaintiff's Notice of the Applicability of the Antitrust Procedures and Penalties Act to the Final Judgement as to Settling Physician Defendants were served by facsimile and first-class regular U.S. mail, postage prepaid, to:

Michael E. DeFrank, Esq.
Hemmer Pangburn DeFrank PLLC
Suite 200
250 Grandview Drive
Fort Mitchell, KY 41017
Fax: 859-344-1188
Attorney for Defendant Dr. James Wendel

G. Jack Donson, Jr., Esq.
Taft, Stettinius & Hollander
425 Walnut Street
Suite 1800
Cincinnati, Ohio 45202
Fax: 513-381-0205
Attorney for Defendant Dr. Michael Karram

Jeffrey M. Johnston, Esq.
37 North Orange Avenue
Suite 500
Orlando, FL 32801
Fax: 407-926-2452
Attorney for Defendant Dr. Warren Metherd

Mary Beth Fitzgibbons
Fitsgibbons & Pfister P.L.
20 South Rose Avenue, Suite 6
Kissimmee, FL 34741
Fax: 407-343-1677
Attorney for Defendant Federation of Physicians and Dentists
Attorney for Defendant Lynda Odenkirk

_______________/s/________________
PAUL J. TORZILLI
Attorney
United States Department of Justice

Attachments: 
Updated June 30, 2015