The United States of America and the State of New York ex tel. Catherine Lembo v. St. Joseph's Hospital Health Center
||United States of America and the State of New York, State of New York and UNITED STATES OF AMERICA
||St. Joseph's Hospital Health Center
||July 15, 2014
||US District Court for the Northern District of New York
||Andrew T. Baxter
||Thomas J. McAvoy
|Nature of Suit:
||False Claims Act
|Cause of Action:
||31 U.S.C. § 3729
|Jury Demanded By:
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|October 6, 2016
JOINT STIPULATION & ORDER OF PARTIAL DISMISSAL: APPROVING the # 21 Joint Stipulation of Partial Dismissal filed by State of New York, subject to the terms and conditions of the New York State Settlement Agreement (Dkt # 16 and pursuant to FRCvP 41(a), the State of New York and the relator agree that (a) all claims for the Covered Conduct as defined in the State Settlement Agreement are DISMISSED WITH PREJUDICE as to the State and all other claims are DISMISSED WITHOUT PREJUDICE to the Stat e, and (b) all claims are DISMISSED WITH PREJUDICE as to the relator except for relator's claims for reasonable attorney's fees, costs and expenses pursuant to New York State Finance Law section 1906(a). The Court shall retain jurisdiction to issue an order regarding the payment of the fees and costs. Signed by Senior Judge Thomas J. McAvoy on 10/5/2016. (jmb)
|September 21, 2016
JOINT STIPULATION & ORDER OF PARTIAL DISMISSAL: all claims for the Covered Conduct as defined in the Federal Settlement Agreement are DISMISSED WITHOUT PREJUDICE as to the United States, and all claims are DISMISSED WITH PREJUDICE as to the relator e xcept for relator's claims for reasonable expenses, attorney's fees and costs pursuant to 31 USC section 3730(d) which shall remain pending. The United States and relator further stipulate that this Court shall have continuing jurisdiction to issue an Order with regard to the payment of reasonable expenses necessarily incurred and reasonable attorney's fees and costs. Signed by Senior Judge Thomas J. McAvoy on 9/21/2016. (jmb)
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