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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
WICHITA FALLS DIVISION



UNITED STATES OF AMERICA and    
STATE OF TEXAS,

                  Plaintiffs,

                  v.

UNITED REGIONAL HEALTH CARE SYSTEM,

                  Defendant.


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Case No.: 7:11-cv-00030
Judge: Reed C. O’Connor
Filed: Feb. 25, 2011
Description: Antitrust



STIPULATION

It is stipulated by and between United Regional Health Care System (“United Regional”), the United States, and the State of Texas (collectively the “Stipulating Parties”), by their respective attorneys, that:

1. The Court has jurisdiction over the subject matter of this action and over United Regional, and venue of this action is proper in the United States District Court for the Northern District of Texas.

2. A proposed Final Judgment in the form attached hereto as Exhibit A may be filed with and entered by the Court, upon the motion of any Stipulating Party or upon the Court’s own motion, at any time after compliance with the requirements of the Antitrust Procedures and Penalties Act (15 U.S.C. § 16), and without further notice to any Stipulating Party or other proceedings, provided that the United States has not withdrawn its consent, which it may do at any time before the entry of the proposed Final Judgment by serving notice thereof on United Regional and by filing that notice with the Court.  

3. Defendant United Regional agrees to arrange, at its expense, publication as quickly as possible of the newspaper notices required by the APPA.  The publication shall be arranged no later than five calendar days after it receives from the United States the text of the notices and the identity of the newspapers within which the publication shall be made.  Defendant United Regional shall promptly send to the United States (1) confirmation that publication of the newspaper notices has been arranged, and (2) the certification of the publication prepared by the newspapers within which the notices were published.

4. Defendant United Regional 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 by the Stipulating Parties, comply with all the terms and provisions of the proposed Final Judgment as though the same were in full force and effect as an order of the Court.

5. This Stipulation shall apply with equal force and effect to any amended proposed Final Judgment agreed to in writing by the Stipulating Parties and submitted to the Court.

6. If (1) the proposed Final Judgment is not entered pursuant to this Stipulation and the time has expired for all appeals of any court declining entry of the proposed Final Judgment, or (2) the United States has withdrawn its consent as provided in Paragraph 2 above, and the Court has not otherwise ordered continued compliance with the terms and provisions of the proposed Final Judgment, then the Stipulating Parties are released from all further obligations under this Stipulation and the making of this Stipulation shall be without prejudice to any Stipulating Party in this or any other proceeding.

Respectfully submitted,

FOR PLAINTIFF
UNITED STATES OF AMERICA

_______________/s/________________
Scott I. Fitzgerald
Antitrust Division
U.S. Department of Justice
450 Fifth Street, NW, Suite 4100
Washington, DC 20530
Tel.: (202) 353-3863
Fax: (202) 307-5802
scott.fitzgerald@usdoj.gov

Dated: February 25, 2011








FOR PLAINTIFF STATE OF TEXAS:

_______________/s/________________
Greg Abbott, Attorney General of Texas
John T. Prud’homme, Jr.
Chief, Antitrust Division
Office of the Attorney General
300 W. 15th St., 7th floor
Austin, TX 78701
Telephone: (512) 936-1697
Facsimile: (512) 320-0975

Dated: February 25, 2011

FOR DEFENDANT
UNITED REGIONAL HEALTH CARE SYSTEM

_______________/s/________________
Daniel L. Wellington
Fulbright & Jaworski LLP
Market Square
801 Pennsylvania Avenue, N.W.
Washington, DC 20004
Tel.: (202) 662-4574
Fax: (202) 662-4643
dwellington@fulbright.com

Dated: February 25, 2011