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U.S. v. HEALTH LINE CLINICAL LABORATORIES

United States District Court, N.D. California


April 21, 2004.

UNITED STATES OF AMERICA ex rel., KIM JENKINS and TIMOTHY MILLS, and STATE OF CALIFORNIA ex rel., KIM JENKINS and TIMOTHY MILLS, Plaintiffs,
v.
HEALTH LINE CLINICAL LABORATORIES, INC., et al., Defendants

The opinion of the court was delivered by: THELTON HENDERSON, Senior District Judge

ORDER OF DISMISSAL

AND NOW, this 21st day of APRIL 2004, it is hereby ORDERED as follows:

  1. The United States' and California's Complaint filed December 17, 2001 is DISMISSED with prejudice, consistent with the terms of the Settlement Agreement.

  2. Defendants Health Line Clinical Laboratories, Inc.'s, Aramais Paronyan, M. D.'s, and Natella Lalabekyan's counterclaims against Relators Kim Jenkins and Timothy Mills filed on March 28, 2002 are DISMISSED with prejudice.

  3. The dismissal of the United States' and California's Complaint is contingent on Defendants making payment in full as required by Paragraph 1 of the Settlement Agreement as each payment becomes due. If Defendants fail to make any required payment within 30 days of the due date, the United States and California shall the right to rescind their releases, to rescind A their stipulation of dismissal, to file a Consent Judgment, and/or to reinstate the Civil Action as described in paragraphs 11 and 32 of the Settlement Agreement.

  4. The Court retains jurisdiction to enforce the terms of the Settlement Agreement. SO ORDERED

20040421

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