The opinion of the court was delivered by: The Hon. Saundra B. Armstrong
Dismissal and Order Stipulated Request for Conditional
Defendants Horizon West, Inc. and Horizon West Healthcare, Inc., formerly known as Horizon West Headquarters, Inc. (collectively, "Horizon West"),Plaintiff United States, and Relator Julia Lee by and through their respective attorneys of record,hereby stipulate as follows:
WHEREAS, the parties in this case have come to a substantial agreement to a settlement of the above-captioned case; andWHEREAS, the parties are currently in the process of finalizing theterms of the settlement agreement and obtaining the requisite approvals; and WHEREAS, Horizon West is simultaneously negotiating a Corporate Integrity Agreement with the Department of Health and Human Services that Horizon West desires to execute simultaneously with any settlement agreement in the above-captioned action; and 2005205.
WHEREAS Horizon West predicts that the process of negotiating and finalizing a Corporate Integrity Agreement will continue until approximately August 28, 2006; and
WHEREAS the parties are mutually committed to resolving this matter; and
WHEREAS, continuing litigation in this case would likely impair the parties' attempts to settle this matter; and
WHEREAS, the parties agree that there should be a conditional dismissal through and including September 8, 2006; and
WHEREAS, the parties understand that a conditional dismissal would vacate the deadlines currently set in this case, but prior to September 8, 2006, any party could either make a motion to resume litigation or request a case management conference to re-schedule the case and this Courtwould so grant the request to continue litigation; and
WHEREAS, upon either this Court's order granting a motion by any party to vacate the conditional dismissal and resume litigation or this Court's order rescheduling the case following a case management conference request by any party, the parties agree that all deadlines for discovery and motions will reflect the existing amount of time currently available to the parties as of the date that this stipulation is being filed with the Court; and HOOPER, LUNDY & BOOKMAN, INC. 180 MONTGOMERY STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104 TEL: (415) 875-8500 * FAX: (415) 875-8519
WHEREAS, if a conditional dismissal were entered and if the case were re-scheduled, the 18 litigation would continue as if the conditional dismissal had not been entered; and 19
WHEREAS, Horizon West agrees to waive any statute of limitations, laches, or other time-20 related defenses based on the passage of time due to the conditional dismissal should the 21 conditional dismissal be vacated and the litigation is resumed; and 22
WHEREAS, the parties agree that if the parties have not executed a settlement agreement 23 by August 28, 2006, the parties will stipulate to request that the Court conduct a case management 24 conference to re-schedule the case in a manner that maintains the status quo of all deadlines such 25 that the deadlines reflect the existing amount of time currently available to the parties as of the 26 date this stipulation is being filed with the Court; and 27
WHEREAS, following the settlement of the action, the parties anticipate that the only 28 remaining issue, if any, will be for the Court to determine the applicable relator share percentage; and
WHEREAS, good cause exists to grant a conditional dismissal of this case based on the 3 parties' good faith belief that they will resolve their disputes without the need for further Court 4 intervention, thereby ...