UNITED STATES OF AMERICA et al v. Pathway of Baldwin County, LLC et al

1
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
UNITED STATES OF AMERICA ex rel. 	)
RICHARD J. SHEPPARD, 	)
Plaintiffs, 	)
)
vs. 	) 	CIVIL ACTION 17-00355-KD-N
)
PATHWAY OF BALDWIN COUNTY, LLC )
and PATHWAY, INC., 	)
Defendants. 	)
ORDER
This matter came before the Court on November 28, 2022 for a qui tam fairness hearing in relation to the
United States' "Notice of Election to Intervene for Purpose of Settlement" (Doc. 30) and the "Joint Motion for Pro
Tanto Dismissal" of certain claims in the Complaint filed by the United States of America (United States) and
Relator Richard J. Sheppard (the Relator) (Doc. 32), with regard to a proposed settlement.
The Court held the qui tam fairness hearing1 via teleconference. Upon consideration of the briefing and the
representations of the parties at the hearing, the Court finds that the settlement is fair, adequate, and reasonable;
thus, it is ORDERED that the settlement is APPROVED. Additionally, in accordance with the material terms of
the settlement agreement, Counts I, II, III, and IV of the Complaint are DISMISSED with prejudice. Further, the
Court previously construed the Joint Motion for Pro Tanto Dismissal as a joint motion to amend the complaint,
which is now GRANTED, and the Realtor is ORDERED to file an Amended Complaint -- in the form directed by
the undersigned during the teleconference as to the remaining counts-- on or before December 28, 2022.
DONE and ORDERED this the 29th day of November 2022.
/s/ Kristi K. DuBose
KRISTI K. DUBOSE
UNITED STATES DISTRICT JUDGE
1 Section 3730(c)(2)(B) governs settlements, and provides that "[t]he Government may settle the action
with the defendant notwithstanding the objections of the person initiating the action if the court determines, after a
hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. Upon a showing
of good cause, such hearing may be held in camera."
Case 1:17-cv-00355-KD-N Doc# 34 Filed 11/29/22 Page 1 of 1 PageID#
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