Preview
Filed - 07/23/2020
Electronically filed by Superior Court of California
County of Placer on 07/23/2020
Jake Chatters, Clerk of the Court
By K. Zaragoza Deputy Clerk
1 Jason H Jasmine, Bar No. 215757
jason@majlabor.com
2 Monique Alonso, Bar No. 127078
monique@majlabor.com
3 Matthew Taylor, Bar No. 264551
matthew@majlabor.com
4 MESSING ADAM & JASMINE LLP
980 9th Street, Suite 380
5 Sacramento, California 95814
Telephone: 916.446.5297
6 Facsimile: 916.448.5047
7 Attorneys for Plaintiffs
PENELOPE WALLINGTON and SHEILA VANTINE
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF PLACER
11
12 The State of California ex. rel. PENELOPE Case No. S-CV-0038948
WALLINGTON and SHEILA VANTINE,
13 JOINT STIPULATION AND [PROPOSED]
Plaintiffs, ORDER TO DISMISS CLAIMS
14 BROUGHT UNDER THE CALIFORNIA
v. FALSE CLAIMS ACT IN THE THIRD
15 AMENDED COMPLAINT
CHAPA-DE INDIAN HEALTH PROGRAM,
16 INC., LISA DAVIES, DARLA CLARK, Action Filed: January 26, 2017
SIERK HAITSMA, CATHY MURCHISON, Trial Date: February 22, 2021
17 PAULINE KARUNAKARAN, and Does 1 -
20,
18
Defendants.
19
20 WHEREAS, Qui Tam Plaintiffs PENELOPE WALLINGTON and SHEILA VANTINE
21 (“Plaintiffs”) brought the above-captioned action on behalf of the State of California (the “State”)
22 alleging violations of the California False Claims Act (“CFCA”), California Government Code §
23 12650 et seq., along with certain statutory and common law employment-related claims, against
24 Defendants CHAPA-DE INDIAN HEALTH PROGRAM, INC., LISA DAVIES, DARLA
25 CLARK, SIERK HAITSMA, CATHY MURCHISON, and PAULINE KARUNAKARAN
26 (“Defendants”), by filing an action under seal on January 26, 2017 (the “Action”);
27
28
00090527-2
MESSING ADAM & JOINT STIPULATION AND [PROPOSED] ORDER TO DISMISS
JASMINE LLP
ATTORNEYS AT LAW CFCA CLAIMS AND APPROVE SETTLEMENT
1 Dated: July 9, 2020 MESSING ADAM & JASMINE LLP
2
3
By
4 Jason H Jasmine
Monique Alonso
5 Matthew Taylor
Attorneys for Relators
6
PENELOPE WALLINGTON and SHEILA
7 VANTINE
8
Dated: July 8, 2020 KEKER, VAN NEST & PETERS, LLP
9
10
11 By
Elliot R. Peters
12 Elizabeth K. McCloskey
Anjali Srinivasan
13 Cody Gray
14 Attorneys for Defendants
CHAPA-DE INDIAN HEALTH PROGRAM,
15 INC., LISA DAVIES, DARLA CLARK, SIERK
HAITSMA, CATHY MURCHISON, PAULINE
16 KARUNAKARAN
17
18
19
20
21
22
23
24
25
26
27
28
00090527-2 3
MESSING ADAM & JOINT STIPULATION AND [PROPOSED] ORDER TO DISMISS
JASMINE LLP
ATTORNEYS AT LAW CFCA CLAIMS AND APPROVE SETTLEMENT
1 [PROPOSED] ORDER
2 Plaintiffs, Defendants, and the State having so stipulated, and good cause appearing
3 therefor,
4 The Court hereby approves of the settlement of the CFCA Claims, and orders the dismissal
5 without prejudice of the First, Second, Third, Fourth, Fifth and Sixth Causes of Action in the
6 Third Amended Complaint, brought on behalf of the Attorney General. The Court also orders the
7 dismissal with prejudice of the First, Second, Third, Fourth, Fifth and Sixth Causes of Action in
8 the Third Amended Complaint, brought on behalf of the Plaintiffs.
9
10
11 IT SO ORDERED.
12 DATED: July ___, 2020
13 7-23-2020
14 Alan V. Pineschi
Judge of the Superior Court
15
16
17
18
19
20
21
22
23
24
25
26
27
28
00090527-2 4
MESSING ADAM & JOINT STIPULATION AND [PROPOSED] ORDER TO DISMISS
JASMINE LLP
ATTORNEYS AT LAW CFCA CLAIMS AND APPROVE SETTLEMENT
1 PROOF OF SERVICE
2 Wallington, et al. v. Chapa-De Indian Health Program, Inc., et al.
Case No. SCV0038948
3
STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO
4
At the time of service, I was over 18 years of age and not a party to this action. I am
5 employed in the County of San Francisco, State of California. My business address is 235
Montgomery St., Suite 828, San Francisco, CA 94104.
6
On July 9, 2020, I served true copies of the following document(s) described as
7
JOINT STIPULATION AND [PROPOSED] ORDER TO DISMISS CLAIMS
8 BROUGHT UNDER THE CALIFORNIA FALSE CLAIMS ACT
IN THE THIRD AMENDED COMPLAINT
9
on the interested parties in this action as follows:
10
Elliot R. Peters Attorneys for Defendants
11 Elizabeth McCloskey
Cody Gray
12 Anjali Srinivasan
KEKER, VAN NEST & PETERS LLP
13 633 Battery Street
San Francisco, CA 94111-1809
14 Email: epeters@keker.com
emccloskey@keker.com
15 cgray@keker.com
asrinivasan@keker.com
16
Daniel V. Kohls Associated Counsel for Defendants
17 HANSEN KOHLS SOMMER & JACOB, LLP
1520 Eureka Road, Suite 100
18 Roseville, CA 95661
19 Email: dkohls@hansenkohls.com
20 David Zlotnick
Deputy Attorney General
21 California Department of Justice
Bureau of Medi-Cal Fraud and Elder Abuse
22 1455 Frazee Road, Ste. 315
23 San Diego, CA 92108
Email: David.Zlotnick@doj.ca.gov
24
BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an
25 agreement of the parties to accept service by e-mail or electronic transmission, I caused the
document(s) to be sent from e-mail address joan@majlabor.com to the persons at the e-mail
26 addresses listed in the Service List. I did not receive, within a reasonable time after the
transmission, any electronic message or other indication that the transmission was unsuccessful.
27
28
MESSING ADAM &
JASMINE LLP
ATTORNEYS AT LAW
00081903-1
1 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
2
Executed on July 9, 2020, at American Canyon, California.
3
4
5 Joan Gonsalves
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
MESSING ADAM &
JASMINE LLP
ATTORNEYS AT LAW
00081903-1 2
Preview
Filed - 07/23/2020 Electronically filed by Superior Court of California County of Placer on 07/23/2020 Jake Chatters, Clerk of the Court By K. Zaragoza Deputy Clerk 1 Jason H Jasmine, Bar No. 215757 jason@majlabor.com 2 Monique Alonso, Bar No. 127078 monique@majlabor.com 3 Matthew Taylor, Bar No. 264551 matthew@majlabor.com 4 MESSING ADAM & JASMINE LLP 980 9th Street, Suite 380 5 Sacramento, California 95814 Telephone: 916.446.5297 6 Facsimile: 916.448.5047 7 Attorneys for Plaintiffs PENELOPE WALLINGTON and SHEILA VANTINE 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF PLACER 11 12 The State of California ex. rel. PENELOPE Case No. S-CV-0038948 WALLINGTON and SHEILA VANTINE, 13 JOINT STIPULATION AND [PROPOSED] Plaintiffs, ORDER TO DISMISS CLAIMS 14 BROUGHT UNDER THE CALIFORNIA v. FALSE CLAIMS ACT IN THE THIRD 15 AMENDED COMPLAINT CHAPA-DE INDIAN HEALTH PROGRAM, 16 INC., LISA DAVIES, DARLA CLARK, Action Filed: January 26, 2017 SIERK HAITSMA, CATHY MURCHISON, Trial Date: February 22, 2021 17 PAULINE KARUNAKARAN, and Does 1 - 20, 18 Defendants. 19 20 WHEREAS, Qui Tam Plaintiffs PENELOPE WALLINGTON and SHEILA VANTINE 21 (“Plaintiffs”) brought the above-captioned action on behalf of the State of California (the “State”) 22 alleging violations of the California False Claims Act (“CFCA”), California Government Code § 23 12650 et seq., along with certain statutory and common law employment-related claims, against 24 Defendants CHAPA-DE INDIAN HEALTH PROGRAM, INC., LISA DAVIES, DARLA 25 CLARK, SIERK HAITSMA, CATHY MURCHISON, and PAULINE KARUNAKARAN 26 (“Defendants”), by filing an action under seal on January 26, 2017 (the “Action”); 27 28 00090527-2 MESSING ADAM & JOINT STIPULATION AND [PROPOSED] ORDER TO DISMISS JASMINE LLP ATTORNEYS AT LAW CFCA CLAIMS AND APPROVE SETTLEMENT 1 Dated: July 9, 2020 MESSING ADAM & JASMINE LLP 2 3 By 4 Jason H Jasmine Monique Alonso 5 Matthew Taylor Attorneys for Relators 6 PENELOPE WALLINGTON and SHEILA 7 VANTINE 8 Dated: July 8, 2020 KEKER, VAN NEST & PETERS, LLP 9 10 11 By Elliot R. Peters 12 Elizabeth K. McCloskey Anjali Srinivasan 13 Cody Gray 14 Attorneys for Defendants CHAPA-DE INDIAN HEALTH PROGRAM, 15 INC., LISA DAVIES, DARLA CLARK, SIERK HAITSMA, CATHY MURCHISON, PAULINE 16 KARUNAKARAN 17 18 19 20 21 22 23 24 25 26 27 28 00090527-2 3 MESSING ADAM & JOINT STIPULATION AND [PROPOSED] ORDER TO DISMISS JASMINE LLP ATTORNEYS AT LAW CFCA CLAIMS AND APPROVE SETTLEMENT 1 [PROPOSED] ORDER 2 Plaintiffs, Defendants, and the State having so stipulated, and good cause appearing 3 therefor, 4 The Court hereby approves of the settlement of the CFCA Claims, and orders the dismissal 5 without prejudice of the First, Second, Third, Fourth, Fifth and Sixth Causes of Action in the 6 Third Amended Complaint, brought on behalf of the Attorney General. The Court also orders the 7 dismissal with prejudice of the First, Second, Third, Fourth, Fifth and Sixth Causes of Action in 8 the Third Amended Complaint, brought on behalf of the Plaintiffs. 9 10 11 IT SO ORDERED. 12 DATED: July ___, 2020 13 7-23-2020 14 Alan V. Pineschi Judge of the Superior Court 15 16 17 18 19 20 21 22 23 24 25 26 27 28 00090527-2 4 MESSING ADAM & JOINT STIPULATION AND [PROPOSED] ORDER TO DISMISS JASMINE LLP ATTORNEYS AT LAW CFCA CLAIMS AND APPROVE SETTLEMENT 1 PROOF OF SERVICE 2 Wallington, et al. v. Chapa-De Indian Health Program, Inc., et al. Case No. SCV0038948 3 STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO 4 At the time of service, I was over 18 years of age and not a party to this action. I am 5 employed in the County of San Francisco, State of California. My business address is 235 Montgomery St., Suite 828, San Francisco, CA 94104. 6 On July 9, 2020, I served true copies of the following document(s) described as 7 JOINT STIPULATION AND [PROPOSED] ORDER TO DISMISS CLAIMS 8 BROUGHT UNDER THE CALIFORNIA FALSE CLAIMS ACT IN THE THIRD AMENDED COMPLAINT 9 on the interested parties in this action as follows: 10 Elliot R. Peters Attorneys for Defendants 11 Elizabeth McCloskey Cody Gray 12 Anjali Srinivasan KEKER, VAN NEST & PETERS LLP 13 633 Battery Street San Francisco, CA 94111-1809 14 Email: epeters@keker.com emccloskey@keker.com 15 cgray@keker.com asrinivasan@keker.com 16 Daniel V. Kohls Associated Counsel for Defendants 17 HANSEN KOHLS SOMMER & JACOB, LLP 1520 Eureka Road, Suite 100 18 Roseville, CA 95661 19 Email: dkohls@hansenkohls.com 20 David Zlotnick Deputy Attorney General 21 California Department of Justice Bureau of Medi-Cal Fraud and Elder Abuse 22 1455 Frazee Road, Ste. 315 23 San Diego, CA 92108 Email: David.Zlotnick@doj.ca.gov 24 BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an 25 agreement of the parties to accept service by e-mail or electronic transmission, I caused the document(s) to be sent from e-mail address joan@majlabor.com to the persons at the e-mail 26 addresses listed in the Service List. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. 27 28 MESSING ADAM & JASMINE LLP ATTORNEYS AT LAW 00081903-1 1 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 2 Executed on July 9, 2020, at American Canyon, California. 3 4 5 Joan Gonsalves 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MESSING ADAM & JASMINE LLP ATTORNEYS AT LAW 00081903-1 2