ORDERS:
CONSENT ORDER FOR DISMISSAL WITH PREJUDICE
This
matter arose from Petitioners Hilton Head Regional Medical Center and MRI at
Belfair, LLC’s petition for a contested case hearing to determine whether the South
Carolina Department of Health & Environmental Control (“DHEC”) had properly
issued a non-applicability determination (“NAD”) to Respondent Southern MRI,
LLC for the acquisition of a 1.5T Magnetic Resonance Imaging (“MRI”) unit and a
4-slice Computed Tomography (“CT”) unit. Petitioner Hilton Head Imaging, LLC
subsequently sought and was granted leave by this Court to intervene in this
matter.
Previously,
the parties filed a Consent Order with the Court, asking that the Court order
the CT portion of this matter dismissed with prejudice. Hilton Head Imaging
does not offer MRI services at its facility and does not contest the grant of an
NAD to Southern MRI for the purchase of an MRI. Therefore, Hilton Head Imaging
desires to dismiss with prejudice all its claims alleged against Defendants and
to be dismissed as party to this action. All parties have consented to this
dismissal.
THEREFORE,
IT IS ORDERED that Petitioner Hilton Head Imaging’s claims against Defendants
are dismissed with prejudice, and Petitioner Hilton Head Imaging is no longer a
party to the above-captioned case.
AND
IT IS SO ORDERED.
__________________________________
Paige J. Gossett
Administrative
Law Judge
Columbia, South Carolina
August 21, 2008
[signatures
on following page]
WE SO MOVE & CONSENT:
HILTON HEAD REGIONAL MEDICAL CENTER
By:__________________________________________
Travis Dayhuff
Nelson Mullins Riley & Scarborough, LLP
1320 Main Street, 17th Floor
Post Office Box 11070(29211-1070)
Columbia, SC 29201
(803) 799-2000
Attorney for Hilton Head Regional Medical Center
HILTON HEAD IMAGING,
LLC
By:___________________________________
Julie B. Overstreet
Parker Poe Adams & Bernstein LLP
1201 Main Street, Suite 1450
(29201)
Post Office Box 1509
Columbia, SC 29202-1509
(803) 255-8000
Attorney for Hilton Head Imaging, LLC
MRI AT BELFAIR, LLC
By:____________________________________
M. Elizabeth Crum
McNair Law Firm, P.A.
1301 Gervais Street, 11th Floor
Columbia, SC 29201
(803) 799-9800
[remaining
signatures on following page]
SOUTHERN MRI, LLC
By:____________________________________
E. Wade Mullins, III
Bruner, Powell, Robbins, Wall
& Mullins
1735 St. Julian Place, Suite 200
Post Office Box 61110
Columbia, SC 29260
(803) 252-7693
Attorney for Southern MRI, LLC
SOUTH CAROLINA DEPARTMENT OF
HEALTH & ENVIRONMENTAL CONTROL
By:____________________________________
Ashley C. Biggers
South Carolina Department of
Health & Environmental Control
2600 Bull Street
Columbia, SC 29201
(803) 898-3309
Attorney for South Carolina
Department of Health & Environmental Control
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