IN THE UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF FLORIDA 

GAINESVILLE DIVISION 

UNITED STATES OF AMERICA ex rel. 

PATRICIA MCCULLOUGH, 

Plaintiff, 

v. 

ONA COLASANTE, M.D., and 

COLASANTE CLINIC, P.A., 

Defendants. 

I --------- --

Case No. 1:10cv126-MW/GRJ 

JOINT STIPULATION FOR VOLUNTARY DISMISSAL 

The United States of America, by and through the undersigned Assistant 

United States Attorney, and Relator Patricia McCullough, by and through her 

attorney Kevin J. Darken, respectfully file this Joint Stipulation for Voluntary 

Dismissal in the above-styled case without prejudice to any rights of the United 

States pursuant to Rule 41 (a)( 1 ), Federal Rules of Civil Procedure, and Title 31 

United States Code, Sections 3730(b)(l) and (c)(2). 

On or about June 29, 2010, this action for treble damages and civil penalties 

was brought by Relator Patricia McCullough. (Doc. 1 ). On or about December 6, 

2011, the United States filed a declaration of its intention to intervene in this case 

and filed a Complaint In Intervention on or about July 23, 2013. (Docs. 1, 16 & 42). 

Thereafter, this case was stayed pending the resolution of the criminal case United 

Case 1:10-cv-00126-MW-GRJ Document 147 Filed 09/24/18 Page 1 of 5
States v. Colasante, 1:14cr10/MW. (Docs. 87 -146). 

On or about July 30, 2018, the United States, Relator Patricia McCullough, 

and defendant Ona M. Colasante entered into a "Stipulated Settlement Agreement 

RE: Forfeiture of Bank Accounts, and Source of Payment of Restitution, Fine and 

Outstanding Forfeiture Money Judgment" ("Stipulated Settlement Agreement"). 

(1:14cr10/MW, Docs. 348 & 348-1). The full terms of the Stipulated Settlement 

Agreement are detailed in Docs. 348 and 348-1, and therefore will not be restated 

herein. Nonetheless and in summary, the parties' Stipulated Settlement Agreement 

provided that Colasante would be "allowed" to sell three New York 1 condominiums 

to satisfy her outstanding obligation in the criminal case of approximately 

$2,795,134.72.2 (1:14cr10/MW, Doc. 348-1 - ,r,r A & B). To settle Relator 

McCullough's "Third Party Claim" filed in criminal case 1: l 4crl 0/MW, her claims 

filed in eight civil forfeiture cases,3 and to resolve this false claims act case, the 

government agreed to pay Relator McCullough $255,000 from the money seized and 

ordered forfeited by the Court from the bank account held at M&S Bank ending in 

8171 in the name of Colasante Clinic, which had been ordered forfeited by the Court 

1 The three New York condominiums are the subject of civil forfeiture cases 1: l 4cv72/MW, 

l:14cv73/MW, and 1:14cv94MW. 

2 The parties further agreed that in the event the net proceeds from the sale of the three New York 

condominiums was in excess of Colasante's outstanding obligation in the criminal case of 

$2,795,134.72, said excess will be given/transferred to Colasante. (l:14cr10/MW, Doc. 348-1 - 1 

A). 

3 The eight civil forfeiture cases are 1:llcv251/MW, 1:llcv252/MW, 1:llcv253/MW, 1:14cv 

70/MW, l:14cv71/MW, 1:14cv72/MW, l:14cv73/MW, and l:14cv94/MW. 

2 

Case 1:10-cv-00126-MW-GRJ Document 147 Filed 09/24/18 Page 2 of 5
in the criminal case. ( 1: 14crl 0/MW, Docs. 326 & 348-1 - ,r I). Further, pursuant 

to the parties' Stipulated Settlement Agreement, upon Relator McCullough's receipt 

of said funds, McCullough and an attorney on behalf of the United States shall 

promptly sign and file a Joint Stipulation of Dismissal in this civil false claims act 

case. (1: 14crl 0/MW, Doc. 348-1 - il N). 

On or about September 10, 2018, the above referenced $255,000 was 

transferred to McCullough's counsel's bank account. Further, the government has 

been notified that on or about September 17, 2018, Relator's counsel transferred the 

Relator's funds to her bank account. Therefore, the terms of the Stipulated 

Settlement Agreement have been completed and are fully satisfied as it concerns this 

civil false claims act case. Therefore, at this time, the United States and the Relator 

file this motion and respectfully move for an order dismissing the case without 

prejudice to the United States. 

3 

Case 1:10-cv-00126-MW-GRJ Document 147 Filed 09/24/18 Page 3 of 5
WHEREFORE, the parties file this Joint Stipulation for Voluntary Dismissal 

on this ____ day of September, 2018. 

Respectfully submitted, 

/s/ Leah Ann Butler 

LEAH ANN BUTLER 

Assistant United States Attorney 

Florida Bar No. 0611697 

21 East Garden Street, Suite 400 

Pensacola, Florida 32502-5675 

(850)444-4000 

Attorney for the United States 

Counsel for Relator Patricia McCullough 

KEVIN JOHN DARKEN 

Attorney for Relator 

332 S. Plant Avenue 

Tampa, Florida 33606 

1-- 2 <r -2.o1r Date: ___________ _ 

4 

24th

Case 1:10-cv-00126-MW-GRJ Document 147 Filed 09/24/18 Page 4 of 5
CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.l(F) 

I HEREBY CERTIFY that this memorandum complies with the type-volume 

and word limitation of Local Rule 7.l(F), 8,000 words, because this document 

contains 681 words. 

Isl Leah Ann Butler 

LEAH ANN BUTLER 

Assistant United States Attorney 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that a copy of the foregoing has been provided to Jim 

Felman, counsel for Ona M. Colasante, and Kevin Darken, counsel for Patricia 

McCullough, via the Court's CM/ECF system on this __ 

th day of September, 

2018. Further, a copy will be provided to Ona M. Colasante. 

5 

Isl Leah Ann Butler 

LEAH ANN BUTLER 

Assistant United States Attorney 

24

Case 1:10-cv-00126-MW-GRJ Document 147 Filed 09/24/18 Page 5 of 5