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Hooper, Lundy & Bookman, Inc. v. Horizon West

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION


June 12, 2006

HOOPER, LUNDY & BOOKMAN, INC. TEL: (415) 875-8500 * FAX: (415) 875-8519 180 MONTGOMERY STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104 UNITED STATES EX REL. JULIA LEE, PLAINTIFFS,
v.
HORIZON WEST, INC., AND HORIZON WEST HEALTHCARE, INC., FORMERLY KNOWN AS HORIZON WEST HEADQUARTERS, INC., DEFENDANTS.

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 eliminating the need for use of the Court's limited resources;

IT IS HEREBY STIPULATED THAT

1. The parties hereby respectfully request that the Court enter the attached Order for Conditional Dismissal.

Respectfully submitted,

DATED: June ___, 2006

HOOPER, LUNDY & BOOKMAN, INC.

HOOPER, LUNDY & BOOKMAN, INC.

By: 180 MONTGOMERY STREET, SUITE 1000

FELICIA Y SZE

SAN FRANCISCO, CALIFORNIA 94104

TEL: (415) 875-8500 * FAX: (415) 875-8519 Attorneys for Horizon West, Inc., and Horizon West Healthcare, Inc., formerly known as Horizon West Headquarters, Inc.

DATED: June ___, 2006 PETER D. KEISLER 15

Assistant Attorney General KEVIN V. RYAN United States Attorney

By: SARA WINSLOW Assistant United States Attorney

By: MICHAEL F. HERTZ POLLY A. DAMMANN SUZETTE E. GORDON Civil Division, Department of Justice Attorneys for the United States

DATED: June ___, 2006 WARREN LAW FIRM 2 3

By: DONALD R. WARREN

Attorneys for Relator Julia Lee HOOPER, LUNDY & BOOKMAN, INC. 180 MONTGOMERY STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104 TEL: (415) 875-8500 * FAX: (415) 875-8519

[PROPOSED] ORDER

Pursuant to stipulation, and for good cause shown, IT IS HEREBY ORDERED that this Court shall enter a conditional dismissal through and including September 8, 2006, subject to the following:

1. Prior to the exhaustion of the conditional dismissal on September 8, 2006, any 6 party may make a motion to resume litigation or request a case management conference to re-schedule the pending case, and this Court shall lift the conditional dismissal and litigation will resume;

2. If the conditional dismissal is lifted, the litigation would continue as if the conditional dismissal had not been entered, and all deadlines for discovery and motions will reflect

HOOPER, LUNDY & BOOKMAN, INC. the existing amount of time currently available to the parties as of the date that this stipulation is 180 MONTGOMERY STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104 TEL: (415) 875-8500 * FAX: (415) 875-8519 being filed with the Court;

3. Upon the exhaustion of the conditional dismissal on September 8, 2006, absent any 14 request from any party for a case management conference to re-schedule the pending case, the 15 conditional dismissal shall become a final dismissal. The Court shall retain jurisdiction to resolve 16 any post-settlement motion for an award of relator share.

20060612

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