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Peter J. Mucchetti (DCB No. 463202)
U.S. Department of Justice Antitrust Division
450 Fifth Street, NW, Suite 4100
Washington, DC 20530
peter.j.mucchetti@usdoj.gov
Telephone: (202) 353-4211
Facsimile: (202) 307-5802
   Attorney for the United States

 

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO


UNITED STATES OF AMERICA and the
STATE OF IDAHO,   

                  Plaintiffs,

                  vs.

IDAHO ORTHOPAEDIC SOCIETY,   
TIMOTHY DOERR, JEFFREY HESSING,
IDAHO SPORTS MEDICINE INSTITUTE,
JOHN KLOSS, DAVID LAMEY, and
TROY WATKINS,

                  Defendants.



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Civil Case No. 10-268-S.EJL
Filed 8/26/10

CERTIFICATE OF COMPLIANCE WITH
THE ANTITRUST PROCEDURES AND
PENALTIES ACT



Plaintiff United States of America, by the undersigned attorney, hereby certifies that it has complied with the Antitrust Procedures and Penalties Act, 15 U.S.C. 16(b)-(h), and states:

1. Plaintiffs and defendants have stipulated to the entry of the proposed Final Judgment in a Stipulation filed with the Court on May 28, 2010.

2. The proposed Final Judgment was filed with the Court on May 28, 2010.

3. The Competitive Impact Statement was filed with the Court on May 28, 2010.

4. The proposed Final Judgment, Complaint, and Competitive Impact Statement were published in the Federal Register on June 7, 2010. United States v. Idaho Orthopaedic Society, et al., 75 Fed. Reg. 32210.

5. A summary of the proposed Final Judgment was published in

    a. The Idaho Statesman, a newspaper of general circulation in the District of Idaho, for seven days beginning on June 2, 2010, and ending on June 9, 2010 (see attachment), and

    b. The Washington Post, a newspaper of general circulation in the District of Columbia, for seven days beginning on June 20, 2010, and ending on June 26, 2010 (see attachment).

6. Copies of the Stipulation, proposed Final Judgment, and Competitive Impact Statement were furnished to all persons requesting them and made available on the Antitrust Division's Internet site.

7. On June 7, 2010, defendants Idaho Orthopaedic Society, Timothy Doerr, Jeffrey Hessing, Idaho Sports Medicine Institute, John Kloss, and Troy Watkins jointly filed with the Court a description of written or oral communications by or on behalf of each of these defendants, or any other person, with any officer or employee of the United States concerning the proposed Final Judgment, as required by 15 U.S.C. 16(g). On June 22, 2010, defendant David Lamey filed with the Court a description of written or oral communications by or on behalf of himself, or any other person, with any officer or employee of the United States concerning the proposed Final Judgment, as required by 15 U.S.C. 16(g).

8. The sixty-day comment period prescribed by 15 U.S.C. 16(b) and (d) for the receipt and consideration of written comments, during which time the proposed Final Judgment could not be entered, ended on August 25, 2010.

9. The United States did not receive any comments on the proposed Final Judgment.

10. The parties have satisfied all of the requirements of the Antitrust Procedures and Penalties Act, 15 U.S.C. 16(b)-(h), as a condition for entering the proposed Final Judgment, and it is now appropriate for the Court to make the necessary public-interest determination required by 15 U.S.C. 16(e) and to enter the proposed Final Judgment.

Dated: August 26, 2010

 


Respectfully submitted,

FOR PLAINTIFF
UNITED STATES OF AMERICA

________/s/___________________
Peter J. Mucchetti
United States Department of Justice
Antitrust Division, Litigation I Section
450 Fifth Street, N.W., Suite 4100
Washington, D.C. 20530
Telephone: (202) 353-4211
Facsimile: (202) 307-5802
Peter.J.Mucchetti@usdoj.gov

 

 

CERTIFICATE OF SERVICE

I hereby certify that on August 26, 2010, I filed the foregoing Certificate of Compliance with Provisions of the Antitrust Procedures and Penalties Act electronically through the CM/ECF system, which caused the following parties or counsel to be served by electronic means, as more fully reflected on the Notice of Electronic Filing:

For Defendants Idaho Orthopaedic Society, Timothy Doerr, Jeffrey Hessing, Idaho Sports Medicine Institute, John Kloss, and Troy Watkins
     Mark J. Botti (mbotti@akingump.com)
     Raymond D. Powers (rdp@powerstolman.com)
     Terry C. Copple (tc@davisoncopple.com)

For Defendant David Lamey:
     Steven J. Hippler (sjh@givenspursley.com)

For Plaintiff State of Idaho
     Brett T. DeLange (brett.delange@ag.idaho.gov)

 


________/s/___________________
Peter J. Mucchetti
United States Department of Justice
Antitrust Division, Litigation I Section
450 Fifth Street, N.W., Suite 4100
Washington, D.C. 20530
Telephone: (202) 353-4211
Facsimile: (202) 307-5802
peter.j.mucchetti@usdoj.gov