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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION



UNITED STATES OF AMERICA,    

                  Plaintiff,

                  v.

FEDERATION OF PHYSICIANS AND   
DENTISTS, et al.,

                  Defendants.


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Case No. 1:05-cv-431
Hon. Sandra S. Beckwith, C.J.
Hon. Timothy S. Hogan, M.J.

ORDER

Presently before the Court is "Plaintiff's Motion for Entry of Final Judgment As To Settling Physician Defendants," filed on November 9, 2005 (Dkt. Entry #32). Defendants Dr. Michael Karram, Dr. Warren Metherd, and Dr. James Wendel consent to the motion, as expressed in the previously filed Stipulation (Dkt. Entry #4). Counsel for the other defendants to this action, Federation of Physicians and Dentists, and Lynda Odenkirk, has authorized Plaintiff to represent to the Court that said Defendants do not oppose entry of the proposed Final Judgment. The Court, having considered the grounds therefor, ORDERS as follows:

(1) "Plaintiff's Motion for Entry of Final Judgment As To Settling Physician Defendants" is hereby GRANTED.

(2) The undersigned, simultaneously with this Order, is SIGNING the "Final Judgment As To Settling Physician Defendants" ("Final Judgment").

(3) The Court finds that entry of the Final Judgment will reduce the litigation expense upon the settling parties; will help prevent recurrence of the violation alleged in the Complaint; and will not create piecemeal appeals. As a result, there is no just reason to delay the entry of the Final Judgment.

(4) The Clerk is hereby DIRECTED to enter the Final Judgment as a final judgment under Fed.R.Civ.P. 54(b).

Enter: November 14, 2005

  s/Sandra S. Beckwith
Sandra S. Beckwith, Chief Judge
United States District Court


CERTIFICATE OF SERVICE

I hereby certify that on November 9, 2005, I submitted the foregoing proposed form of Order to the chambers of Chief Judge Sandra S. Beckwith via email as prescribed in Section II.E of the Electronic Filing Policies and Procedures Manual for the United States District Court for the Southern District of Ohio. I further certify that I have caused the document to be sent via electronic mail (or facsimile as indicated below) and first-class U.S. Mail, postage prepaid, to the following persons:

Michael E. DeFrank, Esq.
Scott R. Thomas, Esq.
Hemmer Pangburn DeFrank PLLC
Suite 200
250 Grandview Drive
Fort Mitchell, KY 41017
sthomas@HemmerLaw.com
Trial Attorneys for Defendant Dr. James Wendel
Via electronic mail

Jeffrey M. Johnston, Esq.
37 North Orange Avenue
Suite 500
Orlando, FL 32801
Fax: 407-926-2453
Attorney for Defendant Dr. Warren Metherd
Via facsimile

Donald J. Mooney, Jr.
Ulmer & Berne LLP
600 Vine Street, Suite 2800
Cincinnati, Ohio 45202
dmooney@ulmer.com
Trial Attorney for Defendant Federation of
Physicians and Dentists
Trial Attorney for Defendant Lynda Odenkirk
Via electronic mail

Kimberly L. King
Hayward & Grant, P.A.
2121-G Killarney Way
Tallahassee, FL 32309
kking@kkinglaw.com
Attorney for Defendant Federation of
Physicians and Dentists
Attorney for Defendant Lynda Odenkirk
Via electronic mail

G. Jack Donson, Jr.
Taft, Stettinius & Hollister
425 Walnut Street
Suite 1800
Cincinnati, Ohio 45202
donson@taftlaw.com
Trial Attorney for Defendant Dr. Michael
Karram
Via electronic mail



  s/ Paul Torzilli
Paul Torzilli
Attorney for the United States of America
United States Department of Justice
Antitrust Division
1401 H Street, NW, Suite 4000
Washington, DC 20530
Phone: 202-514-8349
Fax: 202-307-5802
E-Mail: paul.torzilli@usdoj.gov