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FOR THE DISTRICT OF SOUTHERN OHIO WESTERN DIVISION
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 P. 54(b), and without further notice to either party or other proceedings, provided that Plaintiff has not withdrawn its consent, which it may do at any time before the entry of the proposed Final Judgment by serving notice thereof on each stipulating Defendant and by filing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 If (a) Plaintiff has withdrawn its consent, as provided in Paragraph 2 above, or (b) the proposed Final Judgment is not entered pursuant to this Stipulation, the time has expired for all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:
FOR DEFENDANT WARREN METHERD:
FOR PLAINTIFF UNITED STATES OF AMERICA:
FOR DEFENDANT MICHAEL KARRAM:
FOR PLAINTIFF UNITED STATES OF AMERICA:
FOR DEFENDANT JAMES WENDEL:
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.
G. Jack Donson, Jr., Esq.
Jeffrey M. Johnston, Esq.
Mary Beth Fitzgibbons
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