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United States v. Malone

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 12, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JIM F. MALONE, D.P.M., AND JIM MALONE D.P.M., INC., DEFENDANTS.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

JUDGMENT and ORDER

JUDGMENT and ORDER WHEREAS, effective March 3, 2010, the parties have negotiated a settlement in the above-captioned matter;

WHEREAS as part of that negotiated settlement, and pursuant to the Stipulation filed March 4, 2010, JIM F. MALONE, D.P.M. and JIM MALONE, D.P.M., INC. have consented to entry of judgment against them, jointly and severally, and in favor of the United States of America ("the United States"), in the amount of $237,000 on the Fifth Cause of Action (Unjust Enrichment) of the Complaint, filed December 22, 2006; and

WHEREAS the parties have agreed that each bear their own costs, fees and expenses;

WHEREFORE it is hereby ORDERED, ADJUDGED and DECREED that judgment is entered as follows:

A. On the Fifth Cause of Action (Unjust Enrichment) of the Complaint, judgment is entered in favor of the United States and against JIM F. MALONE, D.P.M., and JIM MALONE, D.P.M., INC., jointly and severally, in the amount of $237,000.

B. The First through Fourth Causes of Action of the Complaint are dismissed.

C. The parties shall each bear their own costs, fees and expenses.

IT IS SO ORDERED.

20100312

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