This document is available in three formats: this web page (for browsing content), PDF (comparable to original document formatting), and WordPerfect. To view the PDF you will need Acrobat Reader, which may be downloaded from the Adobe site. For an official signed copy, please contact the Antitrust Documents Group.

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.


|
|
|
|
|
|
|
|
|
|
|
|
|         
Civil Action No. 1:05-cv-431

FILED Jun 24, 2005

PLAINTIFF'S STIPULATION WITH SETTLING PHYSICIAN DEFENDANTS

It is stipulated by and between the undersigned parties, by their respective attorneys, that:

1. The Court has jurisdiction over the subject matter of this action and over each of the stipulating parties, and venue of this action is proper in the Southern District of Ohio.

2. The stipulating parties consent that a Final Judgment in the form attached may be filed with and entered by the Court, upon the motion of either party or upon the Court's own action, at any time after compliance with the requirements of the Antitrust Procedures and Penalties Act, 15 U.S.C. § 16 and in accordance with Fed. R. Civ. P. 54(b), and without further notice to either party or other proceedings, provided that Plaintiff has not withdrawn its consent, which it may do at any time before the entry of the proposed Final Judgment by serving notice thereof on each stipulating Defendant and by filing that notice with the Court.

3. Each stipulating Defendant shall abide by and comply with the provisions of the proposed Final Judgment, pending the Judgment's entry by the Court, or until expiration of time for all appeals of any Court ruling declining entry of the proposed Final Judgment, and shall, from the date of the signing of this Stipulation, comply with all terms and provisions of the proposed Final Judgment as though the same were in full force and effect as an order of the Court.

4. This Stipulation shall apply with equal force and effect to any amended proposed Final Judgment agreed upon in writing by the parties and submitted to the Court.

5. If any other Defendant in this action proceeds to litigation, each stipulating Defendant agrees to comply with a notice and subpoena issued by the plaintiff, pursuant to Fed. R. Civ. P. 30 and 45, for that Defendant's deposition testimony.

6. If (a) Plaintiff has withdrawn its consent, as provided in Paragraph 2 above, or (b) the proposed Final Judgment is not entered pursuant to this Stipulation, the time has expired for all appeals of any Court ruling declining entry of the proposed Final Judgment, and the Court has not otherwise ordered continued compliance with the terms and provisions of the proposed Final Judgment, then the parties are released from all further obligations under this Stipulation, and the making of this Stipulation shall be without prejudice to any party in this or any other proceeding.

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




Dated: June 24, 2005
_______________/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
Dated: June 22, 2005

FOR DEFENDANT WARREN METHERD:

_______________/s/________________
Jeffrey M. Johnston
37 North Orange Avenue
Suite 500
Orlando, Florida 32801
jmjohnstonlaw@aol.com
Dated: June 23, 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




Dated: June 24, 2005
_______________/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
Dated: June 22, 2005

FOR DEFENDANT MICHAEL KARRAM:

_______________/s/________________
G. Jack Donson, Jr.
Bar No. 0013194
Taft, Stettinius & Hollander
425 Walnut Street, Suite 1800
Cincinnati, OH 45202-3957
donson@taftlaw.com
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




Dated: June 24, 2005
_______________/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
Dated: June 24, 2005

FOR DEFENDANT JAMES WENDEL:

_______________/s/________________
Michael DeFrank
Hemmer Pangburn DeFrank
250 Grandview Drive
Suite 200
Fort Mitchell, KY 41017
mdefrank@hemmerlaw.com
Dated: June 23, 2005


CERTIFICATE OF SERVICE

I hereby certify that on June 24, 2005, copies of the foregoing Plaintiff's Stipulation With 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