United States of America, ex rel. et al v. Omnicare, Inc.
Plaintiff: United States of America, ex rel. and Donald Gale
Defendant: Omnicare, Inc.
Case Number: 1:2010cv00127
Filed: January 19, 2010
Court: US District Court for the Northern District of Ohio
Office: Cleveland Office
County: Medina
Presiding Judge: Christopher A. Boyko
Nature of Suit: Other Statutory Actions
Cause of Action: 31 U.S.C. ยง 3729
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
October 15, 2013 Opinion or Order Filing 171 Opinion and Order signed by Judge James S. Gwin on 10/15/13. The Court, having completed its review of defendant's 10/2/13 privilege log and documents and documents submitted in compliance with this Court's order of 10/6/13, orders that Defendant Omnicare provide the documents set forth in this Opinion and Order by 12:00 noon on 10/16/13. The Court sustains defendant's other assertions of privilege that the Court has not previously overruled. (Related Doc. 162 ) (M,G)
October 14, 2013 Opinion or Order Filing 162 Opinion and Order signed by Judge James S. Gwin on 10/14/13. The Court, following its continued review of the privilege log and documents submitted by defendant, orders that Defendant Omnicare provide the documents set forth in this Opinion and Order by 12:00 noon on 10/15/13. The Court will continue its review of the documents and make additional rulings as necessary. (Related Doc. 160 ) (M,G)
October 13, 2013 Opinion or Order Filing 160 Opinion and Order signed by Judge James S. Gwin on 10/13/13. The Court denies defendant's motion for permission to make a record in support of privilege assertions. The Court, having conducted an in camera review of the supplemental per diem documents and the primary privilege log on which defendant claims an attorney-client privilege, enters the rulings set forth in this Opinion and Order. Defendant shall, by noon on 10/14/13, provide the documents set forth in this entry. Addit ionally, defendant provided the Court with a CD containing voluminous spreadsheets. The Court directs defendant to file a list of which cells on which pages of each document on the CD contain redacted information. Defendant must file this list by 10/14/13 at 2:00 p.m. The Court will continue its review of the documents and make further rulings as necessary. (Related Doc. 157 ) (M,G)
October 4, 2013 Opinion or Order Filing 138 Opinion and Order signed by Judge James S. Gwin on 10/4/13 resolving discovery disputes. The Court orders, in summary, that the deposition of James Mathis be reopened, relator may examine James Mathis for 90 minutes and the deposition must ta ke place by 10/9/13, defendant shall provide the materials from meetings of the Compliance Committee by 10/7/13, by 10/7/13 relevant documents in electronic and physical form left with defendant by James Mathis must be provided to relator and defenda nt must identify persons who had contact with the folder after James Mathis was told he was being fired, defendant must provide to relator by 10/7/13 those documents provided by the United States relating to prior False Claims Act cases. (Related Docs. 132 , 134 , 136 ) (M,G)
October 1, 2013 Opinion or Order Filing 131 Opinion and Order signed by Judge James S. Gwin on 10/1/13. The Court orders Defendant Omnicare to provide Relator Gale with electronic copies of all emails or other ESI of former CEO Germunder and former COO Keefe that matches the search ter ms previously agreed on from 1/2004 to present. Defendant must search its backups in the process. Defendant must also provide non-electronic documents related to meetings involving these two people where any discussion of Part A per-diem rates occurred. This discovery must be provided by 10/8/13. The Court denies all other requests. (Related Docs. 129 , 128 ) (M,G)
September 21, 2013 Opinion or Order Filing 120 Opinion and Order signed by Judge James S. Gwin on 9/21/13. The Court grants in part and denies in part Relator Gale's motion in limine as to Dr. Mohan Rao, Ph.D, denies Defendant Omnicare's motion to exclude proposed testimony of Kathleen McNamara and grants Defendant Omnicare's motion to strike Relator Gale's reply in support of his motion to exclude testimony of Mohan Rao, Ph.D. (Related Docs. 106 , 107 , 115 ) (M,G)
July 23, 2013 Opinion or Order Filing 104 Opinion and Order signed by Judge James S. Gwin on 7/23/13. The Court denies Relator Gale's motion for summary judgment as to the Montefiore contract and Omnicare's seventeenth and eighteenth affirmative defenses. The Court grants Relator Gales motion for summary judgment on Omnicare's sixth affirmative defense. (Related Doc. 82 ) (M,G)
July 12, 2013 Opinion or Order Filing 94 Opinion and Order signed by Judge James S. Gwin on 7/12/13 denying defendant's motion for a protective order. (Related Doc. 90 ) (M,G)
July 8, 2013 Opinion or Order Filing 92 Opinion and Order signed by Judge James S. Gwin on 7/8/13 denying defendant's motion to certify for interlocutory appeal. (Related Docs. 87 , 81 ) (M,G)
June 7, 2013 Opinion or Order Filing 81 Opinion and Order signed by Judge James S. Gwin on 6/7/13. The Court denies defendant's purported motion to disqalify Donald Gale as a Relator. (Related Doc. 66 ) (M,G)
September 26, 2012 Opinion or Order Filing 36 Opinion and Order. Defendant Omnicare's Motion to Dismiss Complaint (Related doc # 26 ) is granted in part and denied in part. Judge Christopher A. Boyko on 9/26/2012. (H,CM)
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Plaintiff: United States of America, ex rel.
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Plaintiff: Donald Gale
Represented By: Virginia A. Davidson
Represented By: Ross B. Brooks
Represented By: Laura C. McBride
Represented By: Frederick M. Morgan, Jr.
Represented By: Jennifer M. Verkamp
Represented By: Eric S. Zell
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Defendant: Omnicare, Inc.
Represented By: Lee Calligaro
Represented By: Mark R. Koberna
Represented By: Jennie B. Krasner
Represented By: Mark E. Owens
Represented By: Rick D. Sonkin
Represented By: Carrie Valiant
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