United States ex rel, et al v. Health Alliance GC, et al
| United States ex rel and Harry F Fry |
| Ohio Heart Health Center Inc, Ohio Heart & Vascular Center, Inc.,, Christ Hospital, Medical Diagnostic Associates Inc, Christ Hospital Inc and Health Alliance of Greater Cincinnati |
| Mount Auburn Chamber of Commerce, Center for Closing The Health Gap In Greater Cincinnati and Mount Auburn Community Council |
| 1:2003cv00167 |
| March 7, 2003 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| Timothy S Black |
| S Arthur Spiegel |
| Other Statutory Actions |
| 31 U.S.C. § 3729 |
| Both |
Docket Report
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This docket was last retrieved on April 6, 2011. A more recent docket listing may be available from PACER.
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Filing 308
NOTICE from Court re destruction and disposal of sealed depositions pursuant to Local Rule 79.2(b) and the previous notice of the Court #306 . (km1)
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Filing 306
NOTICE from Court re disposal of sealed depositions filed by Relator pursuant to Local Rule 79.2(a). Any items not retrieved by Relator within 20 days of the date of this notice shall be destroyed and disposed of as waste (no later than 4/4/2011). (km1)
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Filing 305
STIPULATION of Dismissal by Defendants Christ Hospital, Christ Hospital Inc, Health Alliance of Greater Cincinnati, Ohio Heart & Vascular Center, Inc.,, Plaintiffs Harry F Fry, United States ex rel. (Whitaker, Glenn)
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Filing 304
ENTRY AND ORDER DISBURSING SETTLEMENT FUNDS. Signed by Judge Timothy S. Black on 5/21/10. (jl1)
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Filing 303
MOTION for Disbursement of Funds by Defendants Christ Hospital, Christ Hospital Inc, Health Alliance of Greater Cincinnati, Plaintiffs Harry F Fry, United States ex rel. (Attachments: #1 Exhibit) (Whitaker, Glenn)
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Filing 302
ORDER extending deadline until 5/28/2010 for any of the parties to move to reopen the action. Signed by Chief Judge Susan J Dlott (for Judge S Arthur Spiegel) on 4/30/2010. (km1)
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Minute Entry for proceedings held before Magistrate Judge Timothy S. Black: This case having come on for status conference with Magistrate Judge Black on 3/31/10 at the parties' request, it is hereby set for status conference again on 4/19/10 @ 2:00 p.m. in Room 716 (jl1)
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Filing 301
ORDER granting #300 Joint Motion for Extension of Time Until 4/30/2010 to Reopen the Action if Settlement is Not Consummated. Signed by Judge S Arthur Spiegel on 3/30/2010. (km1)
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Filing 300
Joint MOTION for Extension of Time New date requested 4/30/2010. by Plaintiff United States ex rel. (Attachments: #1 Text of Proposed Order) (Affeldt, Kenneth)
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Filing 299
ORDER DISMISSING CASE - having been advised by counsel for the parties that this matter has been settled in the presence of the Court before the Magistrate Judge on 1/29/2010, it is ORDERED that this action (including all claims by all parties) is hereby DISMISSED WITH PREJUDICE, provided that any of the parties may, upon good cause shown not later than 3/30/2010, move to reopen the action if settlement is not consummated. The parties may substitute a judgment entry contemplated by the settlement agreement upon approval of the Court. The Court expressly retains jurisdiction over the settlement agreement for purposes of its enforcement. Each party shall bear its own costs. Signed by Judge S Arthur Spiegel on 2/2/2010. (km1)
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Minute Entry for proceedings held before Magistrate Judge Timothy S. Black: Settlement Conference held on 2/1/2010. Settlement reached. (jl1)
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Minute Entry for proceedings held before Magistrate Judge Timothy S. Black: Settlement Conference held on 2/1/2010. Settlement conference continued in progress to 1/29/10 @ 9:30 (jl1)
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Filing 298
SECOND AMENDED PRETRIAL AND SUMMARY JURY TRIAL ORDER: Pursuant to the status conference held 1/14/2010, the Court VACATES the dates in the current schedule #134 #282 and RESETS such remaining dates as follows: Final Pretrial Conference set for 3/4/2010 02:00 PM. Proposed voir dire questions, jury instructions, special interrogatories and briefs on any issue due by 3/4/2010. Charging Conference set for 3/18/2010 11:00 AM. Three-day Summary Jury Trial set for 4/6/2010 09:30 AM. Five-week Jury Trial set for 5/11/2010 09:30 AM on an on-deck basis. Signed by Judge S Arthur Spiegel on 1/19/2010. (km1)
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Filing 297
NOTICE of Hearing: Continued Status Conference re Settlement set for 1/14/2010 09:30 AM in Chambers before Judge S Arthur Spiegel. (km1)
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Filing 296
NOTATION ORDER granting #286 Motion to Withdraw as Attorney. Attorney Gregory Gordon Lockhart terminated. Signed by Judge S Arthur Spiegel on 1/12/2010. (km1)
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Filing 295
REPLY to Response to Motion re #248 MOTION for Summary Judgment filed by Defendant Ohio Heart & Vascular Center, Inc.,. (Attachments: #1 Exhibit 1 Agreement Governing Production of Electronically Stored Information, #2 Exhibit 2 CMS-855I Form) (Seibel, Kenneth)
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Filing 294
REPLY to Response to Motion re #249 MOTION for Summary Judgment filed by Plaintiffs Harry F Fry, United States ex rel. (Attachments: #1 Exhibit 1, #2 Exhibit 1A, #3 Exhibit 1B, #4 Exhibit 1C, #5 Exhibit 1D, #6 Exhibit 1E, #7 Exhibit 1F, #8 Exhibit 1G, #9 Exhibit 1H, #10 Exhibit 1I, #11 Exhibit 1J, #12 Exhibit 1K, #13 Exhibit 1L) (Affeldt, Kenneth)
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Filing 293
REPLY to Response to Motion re #250 MOTION for Summary Judgment on Affirmative Defense and Memo in Support filed by Plaintiff United States ex rel. (Cihon, Jennifer)
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Filing 291
DEPOSITION of Christopher G. Turner taken on 12/7/2009 by Plaintiffs Harry F Fry, United States ex rel. (Attachments: #1 Exhibit 299, #2 Exhibit 300, #3 Exhibit 301, #4 Exhibit 302, #5 Exhibit 303) (Whitaker, Glenn)
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Filing 288
NOTICE by Plaintiff United States ex rel of Manual Filing of Depositions of Ronning, Steck and von Zychlin (Affeldt, Kenneth)
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Filing 287
REPLY to Response to Motion re #251 Joint MOTION for Summary Judgment filed by Defendants Christ Hospital, Christ Hospital Inc, Health Alliance of Greater Cincinnati, Ohio Heart & Vascular Center, Inc.,. (Attachments: #1 Appendix Second Supplemental Appendix) (Murphy, Eric)
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Filing 286
MOTION to Withdraw as Attorney Gregory G. Lockhart by Plaintiff United States ex rel. (Affeldt, Kenneth)
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Filing 285
OPINION AND ORDER denying #258 Objections to Magistrate Judge's Order #227 ; denying #267 Objections to Magistrate Judge's Order #228 ; denying as moot #259 #268 Motions to Stay to the extent not withdrawn, as the instant Order resolves the issues related to the government's objections. Finally, since some matters herein may require more analysis at trial by the Court, this Order remains subject to further Order of the Court. Signed by Judge S Arthur Spiegel on 1/6/2010. (km1)
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Filing 284
ORDER setting a Status Conference re Settlement for 1/12/2010 02:00 PM. Principals must be present at this conference. Signed by Judge S Arthur Spiegel on 12/30/2009. (km1)
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Filing 283
NOTICE of Hearing: Status Conference re Settlement set for 1/12/2010 02:00 PM in Chambers before Judge S Arthur Spiegel. (km1)
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Filing 282
ORDER granting #277 Joint Motion Brief Extension of Deadlines. The Court Amended Preliminary Pretrial and Summary Jury Trial Order #134 is hereby amended to provide the parties until 1/18/2010 to file proposed voir dire questions, jury instructions, special interrogatories, and bench briefs for summary jury trial. The briefing schedule on the parties' motions for summary judgment is hereby amended to provide the parties until 1/11/2010 to file reply briefs in support of their motions for summary judgment #248 #249 #250 #251 . Oral argument on motions for summary judgment is hereby reset to 1/28/2010 following the Final Pretrial Conference. Signed by Judge S Arthur Spiegel on 12/22/2009. (km1)
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Set/Reset Deadlines as to #248 MOTION for Summary Judgment, #249 MOTION for Summary Judgment, #250 MOTION for Summary Judgment on Affirmative Defense, #251 Joint MOTION for Summary Judgment. ReplY Memoranda due by 1/11/2010. Motion Hearing reset for 1/28/2010 following the 2:00 PM Final Pretrial Conference before Judge S Arthur Spiegel. (km1)
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Filing 281
RESPONSE in Opposition re #250 MOTION for Summary Judgment on Affirmative Defense and Memo in Support filed by Defendants Christ Hospital, Christ Hospital Inc, Health Alliance of Greater Cincinnati, Ohio Heart & Vascular Center, Inc.,. (Murphy, Eric)
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Filing 280
RESPONSE in Opposition re #249 MOTION for Summary Judgment filed by Defendants Christ Hospital, Christ Hospital Inc, Health Alliance of Greater Cincinnati, Ohio Heart & Vascular Center, Inc.,. (Attachments: #1 Appendix Index & Pages 1-179, #2 Appendix Pages 180-366) (Murphy, Eric)
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Filing 279
REPLY to Response to Motion re #267 Objection to Magistrate Judge Order #228 Order on Motion to Compel filed by Plaintiff United States ex rel. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Cihon, Jennifer)
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Filing 278
RESPONSE in Opposition re #251 Joint MOTION for Summary Judgment, #248 MOTION for Summary Judgment filed by Plaintiffs Harry F Fry, United States ex rel. (Attachments: #1 Exhibit 1, #2 Exhibit 1A, #3 Exhibit 1B, #4 Exhibit 1C, #5 Exhibit 1D, #6 Exhibit 1E, #7 Exhibit 1F, #8 Exhibit 1G, #9 Exhibit 1H, #10 Exhibit 1I, #11 Exhibit 2, #12 Exhibit 2A, #13 Exhibit 2B) (Affeldt, Kenneth)
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Filing 277
Joint MOTION Brief Extension of Deadlines by Defendants Christ Hospital, Christ Hospital Inc, Health Alliance of Greater Cincinnati, Ohio Heart & Vascular Center, Inc.,, Plaintiffs Harry F Fry, United States ex rel. (Attachments: #1 Text of Proposed Order) (Whitaker, Glenn)
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Filing 276
DEPOSITION of Constance McDonald taken on 12/07/2009 by Defendant Ohio Heart & Vascular Center, Inc.,. (Attachments: #1 Exhibit 293 Defendants' 30(b)(6) Notice of Deposition, #2 Exhibit Letter dated 12/3/09 from Kenneth Affeldt, #3 Exhibit 295 Letter dated 2/20/09 from Kenneth Affeldt to Kenneth Seibel, #4 Exhibit 296 DOJ-000117 Document, #5 Exhibit Health Insurance Claim Form - MDA 004390-4391 Documents, #6 Exhibit Claim Information) (Byrne, Mark)
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Filing 275
NOTICE OF FILING DEPOSITION of Constance McDonald by Defendant Ohio Heart & Vascular Center, Inc.,. (Byrne, Mark)
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Filing 274
RESPONSE in Opposition re #268 MOTION to Stay re #228 Order on Motion to Compel Magistrate Judge Black's Order of November 20, 2009 filed by Defendant Ohio Heart & Vascular Center, Inc.,. (Byrne, Mark)
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Filing 273
RESPONSE in Opposition re #267 Objection to Magistrate Judge Order #228 Order on Motion to Compel That The United States Be Precluded From Alleging Damages Beyond The November 16, 2009 Damage Summary And For The Production of Claims Forms filed by Defendant Ohio Heart & Vascular Center, Inc. (Attachments: #1 Exhibit 1 Constance McDonald Deposition Excerpts) (Byrne, Mark)
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Filing 272
REPLY to Response to Motion re #258 Objection to Magistrate Judge Orderre #227 Order on Motion to Compel US to Produce a 30(b)(6) Deponent filed by Plaintiff United States ex rel. (Affeldt, Kenneth)
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Filing 271
ORDER granting in part and denying in part #195 Motion to Compel. TCH to produce unredacted copies of documents 238 and 242; TCH not required to produce redacted portion of document 289.. Signed by Magistrate Judge Timothy S. Black on 12/11/09. (jl1)
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Filing 270
ORDER re #258 #267 Objections to Magistrate Judge's Orders and #259 #268 Motions to Stay Magistrate Judge's Order Pending a Ruling on United States Objections. The Court hereby establishes the following expedited briefing schedule: (1) As to United States Objections to Magistrate Judges Order #258 and Motion for Partial Stay #259 - as Defendants have already filed a Consolidated Response to United States Objections and Motion for Partial Stay #264 , the United States shall file its Consolidated Reply Memorandum in Support with the Court no later than Monday, 12/14/2009; and (2) As to United States Objections to Magistrate Judges Order #267 and Motion for Partial Stay #268 - Defendants shall file their Consolidated Response no later than Monday, 12/14/2009. The United States shall file its Consolidated Reply Memorandum in Support no later than Friday, 12/18/2009. The Court will consider these matters upon completion of the briefing outlined herein. No further briefing will be considered by the Court. Signed by Judge S Arthur Spiegel on 12/9/2009. (km1)
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Set/Reset Deadlines as to #267 Objection to Magistrate Judge Orde rre #228 Order on Motion to Compel, #268 MOTION to Stay re #228 Order on Motion to Compel. Defendants' Response due by 12/14/2009. United States' Reply due by 12/18/2009. (km1)
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Set/Reset Deadlines as to #258 Objection to Magistrate Judge Order re #227 Order on Motion to Compel US to Produce a 30(b)(6) Deponent, #259 MOTION to Stay re #227 Order on Motion to Compel Pending Ruling on Objection to this Order. United States' Reply due by 12/14/2009. (km1)
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Filing 269
Supplemental Memorandum Supporting re #267 Objection to Magistrate Judge Orderre #228 Order on Motion to Compel, #268 MOTION to Stay re #228 Order on Motion to Compel by Plaintiff United States ex rel. (Affeldt, Kenneth)
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Filing 268
MOTION to Stay re #228 Order on Motion to Compel by Plaintiff United States ex rel. (Affeldt, Kenneth)
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Filing 267
Objection to Magistrate Judge Order #228 Order on Motion to Compel by Plaintiff United States ex rel. (Affeldt, Kenneth)
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Filing 265
NOTICE by Plaintiff United States ex rel of Filing Under Seal Ex. 1 to United States Memo in Supp of Objection to Magistrate Judges Order (Affeldt, Kenneth)
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Filing 264
RESPONSE in Opposition re #258 Objection to Magistrate Judge Orderre #227 Order on Motion to Compel US to Produce a 30(b)(6) Deponent, #259 MOTION to Stay re #227 Order on Motion to Compel Pending Ruling on Objection to this Order filed by Defendants Christ Hospital, Christ Hospital Inc, Health Alliance of Greater Cincinnati, Ohio Heart & Vascular Center, Inc.,. (Murphy, Eric)
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Filing 263
NOTICE by Defendant Ohio Heart & Vascular Center, Inc., of Subpoena (Attachments: #1 Subpoena) (Seibel, Kenneth)
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Filing 262
NOTICE OF WITHDRAWAL OF DOCUMENT by Defendants Christ Hospital, Christ Hospital Inc re #184 MOTION to Compel, #177 MOTION to Compel Third Parties, #178 MOTION to Compel United States (Murphy, Eric)
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Filing 260
Supplemental Memorandum Supporting re #258 Objection to Magistrate Judge Orderre #227 Order on Motion to Compel US to Produce a 30(b)(6) Deponent, #259 MOTION to Stay re #227 Order on Motion to Compel Pending Ruling on Objection to this Order by Plaintiff United States ex rel. (Attachments: #1 Exhibit 1) (Affeldt, Kenneth)
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Filing 259
MOTION to Stay re #227 Order on Motion to Compel Pending Ruling on Objection to this Order by Plaintiff United States ex rel. (Affeldt, Kenneth)
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Filing 258
Objection to Magistrate Judge Order re #227 Order on Motion to Compel US to Produce a 30(b)(6) Deponent by Plaintiff United States ex rel. (Affeldt, Kenneth) Modifiedto correct typo on 12/3/2009 (jlw1).
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Filing 257
NOTICE by Plaintiff United States ex rel of Filing Under Seal Exhibit 2 (Affeldt, Kenneth)
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Filing 256
NOTICE OF WITHDRAWAL OF DOCUMENT by Plaintiff United States ex rel Fry (Cihon, Jennifer)
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Filing 255
ORDER re #184 MOTION to Compel, #176 MOTION to Quash the Deposition and Document Subpoenas Served on Government Agents National Government Services and Palmetto GBA filed by United States ex rel, #177 MOTION to Compel Third Parties filed by Christ Hospital, Christ Hospital Inc, #178 MOTION to Compel United States filed by Christ Hospital, Christ Hospital Inc: parties are ORDERED to withdraw these motions by notice to the court, or advise the Magistrate Judge otherwise no later than Friday, Dec 4, 2009. Signed by Magistrate Judge Timothy S. Black on 12/2/09. (jl1)
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Filing 254
ORDER re #195 MOTION to Compel Defendant The Christ Hospital to Produce Non-Privileged Documents filed by Harry F Fry: Defendant TCH to deliver unredacted copies of document numbers 238, 242 and 289 to Magistrate Judge Black by Friday, Dec. 4, 2009. Signed by Magistrate Judge Timothy S. Black on 12/2/09. (jl1)
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Filing 253
REPLY to Response to Motion re #195 MOTION to Compel Defentant The Christ Hospital to Produce Non-Privileged Documents filed by Plaintiff Harry F Fry. (Attachments: #1 Exhibit A) (Whitaker, Glenn)
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Filing 252
NOTICE of Hearing on Motion re #248 #249 #250 #251 Motions for Summary Judgment: Oral Arguments set for 1/6/2010 02:00 PM in Courtroom 836 (Judge Barrett's courtroom) before Judge S Arthur Spiegel. (srj)
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Filing 251
Joint MOTION for Summary Judgment by Defendants Christ Hospital, Christ Hospital Inc, Health Alliance of Greater Cincinnati, Ohio Heart & Vascular Center, Inc.,. Responses due by 12/18/2009 (Attachments: #1 Appendix Index, #2 Appendix Pages 001-52, #3 Appendix Pages 053-105, #4 Appendix Pages 106-155, #5 Appendix Pages 156-196, #6 Appendix Pages 197-269, #7 Appendix Pages 270-333, #8 Appendix Pages 334-466, #9 Appendix Pages 467-587, #10 Appendix Pages 588-615, #11 Appendix Pages 616-647, #12 Appendix Pages 648-680, #13 Appendix Pages 681-702, #14 Appendix Pages 703-726, #15 Appendix Pages 727-750, #16 Appendix Pages 975-1018) (Murphy, Eric)
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Filing 250
MOTION for Summary Judgment on Affirmative Defense and Memo in Support by Plaintiff United States ex rel. Responses due by 12/18/2009 (Affeldt, Kenneth)
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Filing 249
MOTION for Summary Judgment by Plaintiffs Harry F Fry, United States ex rel. Responses due by 12/18/2009 (Attachments: #1 Exhibit TOC, #2 Exhibit 1A, #3 Exhibit 1B, #4 Exhibit 1C, #5 Exhibit 1D, #6 Exhibit 1E, #7 Exhibit 1F, #8 Exhibit 1G, #9 Exhibit 1H, #10 Exhibit 1I, #11 Exhibit 1J, #12 Exhibit 1K, #13 Exhibit 1L, #14 Exhibit 1M, #15 Exhibit 1N, #16 Exhibit 1O, #17 Exhibit 1P, #18 Exhibit 1Q, #19 Exhibit 1R, #20 Exhibit 1S, #21 Exhibit 1T, #22 Exhibit 1U, #23 Exhibit 1V, #24 Exhibit 2, #25 Exhibit 3, #26 Exhibit 4, #27 Exhibit 5, #28 Exhibit 6) (Affeldt, Kenneth)
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Filing 248
MOTION for Summary Judgment by Defendant Ohio Heart & Vascular Center, Inc. ORAL ARGUMENT REQUESTED Responses due by 12/18/2009 (Attachments: #1 Declaration of Charles Abbottsmith, #2 Declaration of Thomas Broderick, #3 Supplemental Declaration of Thomas Broderick) (Seibel, Kenneth) Modified to edit text on 11/25/2009 (mr1).
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Filing 246
NOTICE by Defendants Christ Hospital, Christ Hospital Inc, Health Alliance of Greater Cincinnati, Ohio Heart & Vascular Center, Inc., of Filing Under Seal (Murphy, Eric)
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Filing 245
DEPOSITION of Phillip Tempel taken on 8/25/2009 by Plaintiffs Harry F Fry, United States ex rel. (Attachments: #1 Exhibit 224, #2 Exhibit 225) (Whitaker, Glenn)
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Filing 236
NOTICE by Plaintiffs Harry F Fry, United States ex rel of Manual Filing of Expert Report of Walter Unger Under Seal (Whitaker, Glenn)
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Filing 235
NOTICE by Plaintiffs Harry F Fry, United States ex rel of Manual Filing of Depositions of Abbottsmith, Broderick, Croushore, Fry, Hanover, Hayes and Seims Under Seal (Whitaker, Glenn)
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Filing 234
DEPOSITION of Thomas Jenike taken on 09/25/2009 by Plaintiffs Harry F Fry, United States ex rel. (Attachments: #1 Exhibit 282, #2 Exhibit 283, #3 Exhibit 284, #4 Exhibit 285) (Whitaker, Glenn)
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Filing 233
DEPOSITION of Charles Hattemer taken on 09/24/2009 by Plaintiffs Harry F Fry, United States ex rel. (Attachments: #1 Exhibit 276, #2 Exhibit 277, #3 Exhibit 278) (Whitaker, Glenn)
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Filing 232
DEPOSITION of Toltzis, Robert taken on 9/22/2009 by Plaintiffs Harry F Fry, United States ex rel. (Attachments: #1 Exhibit 260, #2 Exhibit 261, #3 Exhibit 262, #4 Exhibit 263, #5 Exhibit 264, #6 Exhibit 265, #7 Exhibit 266, #8 Exhibit 267, #9 Exhibit 268, #10 Exhibit 269, #11 Exhibit 270) (Whitaker, Glenn)
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Filing 231
DEPOSITION of Henthorn, Richard taken on 9/25/2009 by Plaintiffs Harry F Fry, United States ex rel. (Attachments: #1 Exhibit 286, #2 Exhibit 287, #3 Exhibit 288, #4 Exhibit 289, #5 Exhibit 290, #6 Exhibit 291, #7 Exhibit 292) (Whitaker, Glenn)
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Filing 230
DEPOSITION of McDonald, Mark taken on 9/23/2009 by Plaintiffs Harry F Fry, United States ex rel. (Attachments: #1 Exhibit 271, #2 Exhibit 272, #3 Exhibit 273, #4 Exhibit 274) (Whitaker, Glenn)
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Filing 229
DEPOSITION of McDonald, Mark taken on 7/20/2009 by Plaintiffs Harry F Fry, United States ex rel. (Attachments: #1 Exhibit 30, #2 Exhibit 31, #3 Exhibit 32, #4 Exhibit 33, #5 Exhibit 34, #6 Exhibit 35, #7 Exhibit 36, #8 Exhibit 37, #9 Exhibit 38, #10 Exhibit 39, #11 Exhibit 40, #12 Exhibit 41, #13 Exhibit 42, #14 Exhibit 43, #15 Exhibit 44, #16 Exhibit 45, #17 Exhibit 46) (Whitaker, Glenn)
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Filing 228
ORDER granting #196 Motion to Compel. Signed by Magistrate Judge Timothy S. Black on 11/20/09. (jl1)
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Filing 227
ORDER granting #202 Motion to Compel. The United States shall produce a 30(b)(6) deponent forthwith. Signed by Magistrate Judge Timothy S. Black on 11/20/09. (jl1)
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Filing 225
DEPOSITION of David Whang taken on 9/24/2009 by Plaintiffs Harry F Fry, United States ex rel. (Attachments: #1 Exhibit 275) (Whitaker, Glenn)
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Filing 223
DEPOSITION of D. P. Suresh taken on 8/19/2009 by Plaintiffs Harry F Fry, United States ex rel. (Attachments: #1 Exhibit 161, #2 Exhibit 162, #3 Exhibit 163, #4 Exhibit 164, #5 Exhibit 165, #6 Exhibit 166) (Whitaker, Glenn)
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Filing 219
NOTICE OF FILING DEPOSITION of Abbottsmith, Broderick, Croushore, Desai, Fry, Hanover, Hattemer, Hayes, Henthorn, Jenike, McDonald, Mark, Morneault, Seim, Snavely, Suresh, Tempel, Toltzis, Wall, Whang, Wietmarschen, McDonald, Susan by Plaintiffs Harry F Fry, United States ex rel. (Whitaker, Glenn)
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Filing 217
REPLY to Response to Motion re #196 MOTION to Compel The United States To Comply With The Court's Prior Order And To Compel Production Of Documents filed by Defendant Ohio Heart & Vascular Center, Inc.,. (Attachments: #1 Exhibit 1 Order) (Seibel, Kenneth)
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Filing 216
REPLY to Response to Motion re #202 MOTION to Compel Plaintiff United States of America to Sit for Deposition Pursuant to Rule 30(B)(6) MOTION to Compel Plaintiff United States of America to Sit for Deposition Pursuant to Rule 30(B)(6) filed by Defendants Christ Hospital, Christ Hospital Inc, Ohio Heart & Vascular Center, Inc.,. (Murphy, Eric)
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Filing 215
Supplemental Memorandum Supporting re #203 MOTION to Compel Plaintiff United States of America to Sit for Deposition Pursuant to Rule 30(B)(6) MOTION to Compel Plaintiff United States of America to Sit for Deposition Pursuant to Rule 30(B)(6) filed by Defendant Health Alliance of Greater Cincinnati. (Kamp, David)
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Filing 214
Supplemental Memorandum Supporting re #202 MOTION to Compel Plaintiff United States of America to Sit for Deposition Pursuant to Rule 30(B)(6) MOTION to Compel Plaintiff United States of America to Sit for Deposition Pursuant to Rule 30(B)(6) filed by Defendant Health Alliance of Greater Cincinnati. (Kamp, David)
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Filing 211
NOTICE by Plaintiff United States ex rel of filing motion in opposition under seal (Affeldt, Kenneth)
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Filing 210
NOTICE by Plaintiff United States ex rel of filing motion in opposition under seal (Affeldt, Kenneth)
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Filing 209
NOTICE by Plaintiff Harry F Fry re #179 MOTION to Compel TCH and OHVC to Redesignate Documents Improperly Mark in Violation of Protective Order Notice of Withdrawal of Motion to Compel TCH and OHVC to Redesignate Documents (Whitaker, Glenn)
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Filing 208
NOTICE of Withdrawal by Plaintiff Harry F Fry re #197 MOTION to Compel Ohio Heart & Vascular Center to Produce Documents (Whitaker, Glenn) Modified on 11/17/2009to edit text (srj1).
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Filing 207
ORDER re #196 MOTION to Compel and #202 MOTION to Compel. Plaintiff United States' memoranda in opposition due by 11/17/09 @ noon; Defendants' reply due by 11/18/09 @ noon. Signed by Magistrate Judge Timothy S. Black on 11/13/09. (sct1)
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Filing 206
NOTICE of Hearing: Final Pretrial Conference RESET for 1/28/2010 02:00 PM in Chambers before Judge S Arthur Spiegel. (km1)
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Filing 205
ORDER granting #204 Motion for Extension of Time to 11/16/09 for Relator to reply to motion to compel. Signed by Magistrate Judge Timothy S. Black on 11/10/09. (jl1)
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MOTIONS REFERRED: #204 Unopposed MOTION for Extension of Time New date requested 11/16/2009 to File Reply to Response to 179 Motion to Compel TCH and OHVC to Redesignate Documents Improperly Mark in Violation of Protective Order REFERRED to Magistrate Judge Timothy S Black. (km1)
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Filing 204
Unopposed MOTION for Extension of Time New date requested 11/16/2009 to File Reply to Response to #179 Motion to Compel TCH and OHVC to Redesignate Documents Improperly Mark in Violation of Protective Order by Plaintiff Harry F Fry. (Whitaker, Glenn) Modified Docket Text to Clarify on 11/10/2009 (km1).
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MOTIONS REFERRED: #202 MOTION to Compel Plaintiff United States of America to Sit for Deposition Pursuant to Rule 30(B)(6) REFERRED to Magistrate Judge Timothy S Black. (km1)
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Filing 203
NOTICE by Defendants Christ Hospital, Christ Hospital Inc of Joining the Motion of Ohio Heart and Vascular Center, Inc. to Compel the United States to Comply with the Court's Prior Order and to Compel Production of Documents (Attachments: #1 Exhibit Exhibit A) (Murphy, Eric)
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Filing 202
MOTION to Compel Plaintiff United States of America to Sit for Deposition Pursuant to Rule 30(B)(6) by Defendants Christ Hospital, Christ Hospital Inc, Ohio Heart & Vascular Center, Inc.,. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Murphy, Eric)
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Filing 201
RESPONSE in Opposition re #197 MOTION to Compel Ohio Heart & Vascular Center to Produce Documents filed by Defendant Ohio Heart & Vascular Center, Inc.,. (Attachments: #1 Exhibit A Declaration of Kenneth F. Seibel, Esq., #2 Exhibit 1 to Declaration, April 1, 2009 Email String, #3 Exhibit 2 to Declaration, United States' Response to Ohio Heart's First Set of Requests for Production of Documents, #4 Exhibit 3 to Declaration, October 8, 2009 Email from Walton to Seibel, #5 Exhibit 4 to Declaration, October 8, 2009 Email from Sozio to Walton, #6 Exhibit 5 to Declaration, April 16, 2009 Letter from Freedman, #7 Exhibit 6 to Declaration, United States' and Fry's Initial Disclosures, #8 Exhibit B Declaration of Mark J. Byrne, Esq.) (Byrne, Mark)
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Filing 200
NOTICE of Hearing: Status Conference re Settlement Efforts set for 10/27/2009 03:00 PM in Chambers before Judge S Arthur Spiegel. (km1)
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Filing 199
ORDER granting #198 Joint Motion to Stay of Proceedings and a Corresponding Extension of the Dispositive Motion Deadline. The Court hereby stays all proceedings for a period of three weeks from the date of this Order and extends the deadline for filing dispositive motions by three additional weeks. All unresolved discovery issues are held in abeyance. Motions on unresolved discovery issues will be briefed and submitted to the Magistrate Judge after the three week stay. All dispositive motions are now due on 11/24/2009. All other deadlines adopted by this Court in its Amended Preliminary Pretrial and Summary Jury Trial Order #134 remain in effect. Signed by Judge S Arthur Spiegel on 10/13/2009. (km1)
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Set/Reset Cincinnati PPTO Deadlines:Dispositive Motions not directed to pleadings due by 11/24/2009. (km1)
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Filing 198
Joint MOTION to Stay of Proceedings and a Corresponding Extension of the Dispositive Motion Deadline by Defendants Christ Hospital, Christ Hospital Inc, Health Alliance of Greater Cincinnati, Ohio Heart & Vascular Center, Inc.,, Plaintiffs Harry F Fry, United States ex rel. (Whitaker, Glenn)
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MOTIONS REFERRED: #195 MOTION to Compel Defentant The Christ Hospital to Produce Non-Privileged Documents, #196 MOTION to Compel The United States To Comply With The Court's Prior Order And To Compel Production Of Documents, #197 MOTION to Compel Ohio Heart & Vascular Center to Produce Documents REFERRED to Magistrate Judge Timothy S Black. (km1)
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Filing 197
MOTION to Compel Ohio Heart & Vascular Center to Produce Documents by Plaintiff Harry F Fry. (Attachments: #1 Affidavit Declaration of Victor Walton, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I) (Whitaker, Glenn)
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Filing 196
MOTION to Compel The United States To Comply With The Court's Prior Order And To Compel Production Of Documents by Defendant Ohio Heart & Vascular Center, Inc.,. (Attachments: #1 Declaration of Kenneth F. Seibel, Esquire, #2 Exhibit 1 June 16, 2009 Letter, #3 Exhibit 2 Summary Sheet, #4 Exhibit 3(a) Damages Disk Data, #5 Exhibit 3(b) Damages Disk Data, #6 Exhibit 3(c) Damages Disk Data, #7 Exhibit 4 String of Emails, #8 Exhibit 5 August 28, 2009 Letter, #9 Exhibit 6 September 8, 2009 Letter, #10 Exhibit 7 September 12, 2009 Email, #11 Exhibit 8 United States' Response to Defendant Ohio Heart's First Set of Requests for Production of Documents, #12 Exhibit 9 October 8, 2009 Letter) (Seibel, Kenneth)
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Filing 195
MOTION to Compel Defentant The Christ Hospital to Produce Non-Privileged Documents by Plaintiff Harry F Fry. (Attachments: #1 Affidavit Declaration of Patrick Hagan, #2 Exhibit Exhibit A pt. 1, #3 Exhibit Exhibit A pt. 2, #4 Exhibit Exhibit B pt. 1, #5 Exhibit Exhibit B pt. 2, #6 Exhibit Exhibit C, #7 Exhibit Exhibit D, #8 Exhibit Exhibit E, #9 Exhibit Exhibit F, #10 Exhibit Exhibit G) (Whitaker, Glenn)
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Filing 194
NOTICE by Defendant Ohio Heart & Vascular Center, Inc., of Deposition of Ruben Steck (Seibel, Kenneth)
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Filing 193
RESPONSE in Opposition re #179 MOTION to Compel TCH and OHVC to Redesignate Documents Improperly Mark in Violation of Protective Order filed by Defendant Ohio Heart & Vascular Center, Inc.,. (Attachments: #1 Exhibit A - Declaration of Kenneth F. Seibel, #2 Exhibit 1 to Declaration of Kenneth F. Seibel, #3 Exhibit 2 to Declaration of Kenneth F. Seibel, #4 Exhibit 3 to Declaration of Kenneth F. Seibel, #5 Exhibit 4 to Declaration of Kenneth F. Seibel, #6 Exhibit B - Declaration of Mark J. Byrne, #7 Exhibit 1 to Declaration of Mark J. Byrne) (Seibel, Kenneth)
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Filing 191
NOTICE by Defendants Christ Hospital, Christ Hospital Inc re #179 MOTION to Compel TCH and OHVC to Redesignate Documents Improperly Mark in Violation of Protective Order Filing Under Seal (Murphy, Eric)
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Filing 190
NOTICE of Hearing: Final Pretrial Conference set for 1/21/2010 02:00 PM in Chambers before Judge S Arthur Spiegel. Charging Conference set for 2/11/2010 03:00 PM in Chambers before Judge S Arthur Spiegel. Three-day Summary Jury Trial set for 2/23/2010 09:30 AM in Courtroom 842 before Judge S Arthur Spiegel. Five-week Jury Trial set for 4/6/2010 09:30 AM in Courtroom 842 before Judge S Arthur Spiegel on an on-deck basis. (km1)
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Filing 189
ORDER granting #188 Joint Motion to Extend Discovery Deadline Until 10/8/2009. The will deem any discovery motion filed prior to or on 10/8/2009 to be timely filed. All other deadlines adopted by this Court in its amended Preliminary Pretrial and Summary Jury Trial Order #134 remain in effect. Signed by Judge S Arthur Spiegel on 10/1/2009. (km1)
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Filing 188
Joint MOTION for Extension of Time New date requested 10/8/2009. by Defendants Christ Hospital, Christ Hospital Inc, Health Alliance of Greater Cincinnati, Ohio Heart & Vascular Center, Inc.,, Plaintiffs Harry F Fry, United States ex rel. (Attachments: #1 Text of Proposed Order) (Whitaker, Glenn)
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Filing 187
NOTICE by Plaintiff Harry F Fry of Subpoena (Attachments: #1 Exhibit Subpoena) (Walton, Victor)
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Filing 186
NOTICE OF WITHDRAWAL OF DOCUMENT by Plaintiff Harry F Fry re #181 MOTION to Compel Production of Defendants' Privilege Logs (Whitaker, Glenn)
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Filing 185
NOTICE by Plaintiff Harry F Fry of Subpoena on Mark Workman, M.D. (Attachments: #1 Exhibit Subpoena) (Walton, Victor)
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Filing 184
MOTION to Compel Third Party National Government Services to Produce Documents and a Representative for Deposition: This motion was transferred in from the USDC for the Southern District of Indiana case number 1:09-mj-138.. (Attachments: #1 Exhibit A-M) (jweb, ) Modified Docket Text to Clarify on 9/15/2009 (km1, ).
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Filing 183
TRANSFER ORDER from the USDC for the S. D. of Indiana, Case No. 1:09-mc-138, transferring the motion to compel filed by Defendants Christ Hospital and The Christ Hospital Inc. on 9/4/2009 to this Court to be heard as part of 1:03-cv-00167. Signed by United States Magistrate Judge Tim A. Baker on 9/11/2009. (Attachments: #1 Documents from Southern District of Indiana, case 1:09-mc-138) (jweb, )
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MOTIONS REFERRED: #184 MOTION to Compel REFERRED to Magistrate Judge Timothy S Black. (jweb, )
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Filing 182
ORDER denying relator's #164 Motion to Compel. Signed by Magistrate Judge Timothy S. Black on 9/14/2009. (art, )
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MOTIONS REFERRED: #179 MOTION to Compel TCH and OHVC to Redesignate Documents Improperly Mark in Violation of Protective Order, #181 MOTION to Compel Production of Defendants' Privilege Logs REFERRED to Magistrate Judge Timothy S Black. (km1, )
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Filing 181
MOTION to Compel Production of Defendants' Privilege Logs by Plaintiff Harry F Fry. (Attachments: #1 Affidavit Declaration of Victor A. Walton, Jr.) (Whitaker, Glenn)
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Filing 179
MOTION to Compel TCH and OHVC to Redesignate Documents Improperly Mark in Violation of Protective Order by Plaintiff Harry F Fry. (Whitaker, Glenn)
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MOTIONS REFERRED: #178 MOTION to Compel REFERRED to Magistrate Judge Timothy S Black. (km1, )
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Filing 178
MOTION to Compel United States by Defendants Christ Hospital, Christ Hospital Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Sozio, Stephen)
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MOTIONS REFERRED: #176 MOTION to Quash the Deposition and Document Subpoenas Served on Government Agents National Government Services and Palmetto GBA, #177 MOTION to Compel Third Parties REFERRED to Magistrate Judge Timothy S Black. (km1, )
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Filing 177
MOTION to Compel Third Parties by Defendants Christ Hospital, Christ Hospital Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N) (Murphy, Eric)
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Filing 176
MOTION to Quash the Deposition and Document Subpoenas Served on Government Agents National Government Services and Palmetto GBA by Plaintiff United States ex rel. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K) (Cihon, Jennifer)
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Filing 175
NOTICE to Take Deposition of Robert Toltzis, M.D. by Defendant Ohio Heart & Vascular Center, Inc.,. (Byrne, Mark)
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Filing 174
NOTICE by Plaintiff Harry F Fry of Subpoena on Custodian of Records, Graydon, Head & Ritchey, LLP (Attachments: #1 Exhibit Subpoena of Custodian of Records, Graydon, Head & Ritchey, LLP) (Walton, Victor)
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Filing 173
NOTICE by Plaintiff Harry F Fry of Subpoena of Orly R. Rumberg, Esq. (Attachments: #1 Exhibit Subpoena of Orly R. Rumberg, Esq.) (Walton, Victor)
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Filing 172
NOTICE by Defendant Ohio Heart & Vascular Center, Inc., of Filing Memorandum in Opposition to Relator Harry Fry's Motion to Designate a New 30(b)(6) Deponent and For Sanctions Under Seal on August 19, 2009 (Seibel, Kenneth)
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Filing 171
NOTICE by Plaintiff Harry F Fry of Filing Reply In Support of Motion to Compel Defendant Ohio Heart to Designate New 30(b)(6) Deponent and for Sanctions Under Seal (Whitaker, Glenn)
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Filing 168
ORDER granting #167 Motion for Extension of Time to File Response/Reply re #164 MOTION to Compel Defendant Ohio Heart to Designate new 30(b)(6) Deponent Responses due by 8/19/2009. Signed by Magistrate Judge Timothy S. Black on 8/18/09. (jl1, )
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MOTIONS REFERRED: #167 MOTION for Extension of Time to File Response/Reply as to #164 MOTION to Compel Defendant Ohio Heart to Designate new 30(b)(6) Deponent New date requested 8/19/2009 REFERRED to Magistrate Judge Timothy S Black. (km1, )
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Filing 167
MOTION for Extension of Time to File Response/Reply as to #164 MOTION to Compel Defendant Ohio Heart to Designate new 30(b)(6) Deponent New date requested 8/19/2009. by Defendant Ohio Heart & Vascular Center, Inc.,. (Byrne, Mark)
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NOTICE: At the request of counsel, the status conference scheduled for 8/17/09 is CANCELLED. (jl1, )
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Filing 165
NOTICE by Plaintiff Harry F Fry re #164 MOTION to Compel Defendant Ohio Heart to Designate new 30(b)(6) Deponent of Filing Memorandum in Support of Motion to Compel Under Seal (Whitaker, Glenn)
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Filing 164
MOTION to Compel Defendant Ohio Heart to Designate new 30(b)(6) Deponent by Plaintiff Harry F Fry. (Whitaker, Glenn)
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MOTIONS REFERRED: #164 MOTION to Compel Defendant Ohio Heart to Designate new 30(b)(6) Deponent REFERRED to Magistrate Judge Timothy S Black pursuant to this Court's General Order of Reference filed 3/25/1991. (km1, )
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Filing 163
ORDER re #162 Order: this Court's July 16, 2009 order is VACATED. Defendants' expert reports shall be submitted by September 15, 2009. Signed by Magistrate Judge Timothy S. Black on 7/17/09. (jl1, )
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Filing 162
ORDER on Defendants' oral motion to extend their deadline to produce expert reports. Defendants are GRANTED an additional 30 days. Defendants' expert reports shall be submitted by 8/31/09. Signed by Magistrate Judge Timothy S. Black on 7/16/09. (jl1, ) Modified to clarify docket text on 7/17/2009 (jweb1, ).
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Minute Entry for proceedings held before Magistrate Judge Timothy S. Black: This case came on before the Court for a status conference on July 15, 2009 at 1:30 p.m. Attorneys for all parties were present and participated. (jl1, )
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Filing 161
ORDER granting #105 Motion to Compel and defendants shall produce Dr. Hattemer's notes without the redactions. Signed by Magistrate Judge Timothy S. Black on 7/7/09. (jl1, )
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Filing 160
ORDER denying plaintiffs #155 Motion to continue the deadline for plaintiffs to identify expert witnesses and disclose their reports. The Court denies plaintiffs relief from the obligation to disclose their expert witnesses by 7/1/2009, but grants them leave to produce their reports by 7/31/2009. Signed by Magistrate Judge Timothy S. Black on 6/29/2009. (art, )
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Filing 159
Transcript of Proceedings (Conference, re: First Motion to Quash; Motion to Compel; Motion to Quash; and Monthly Status Meeting) held on 5/21/2009, before Magistrate Judge Timothy S. Black. Court Reporter/Transcriber Mary Ann Ranz(official), Telephone number 513-564-7626. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 7/20/2009. Redacted Transcript Deadline set for 7/30/2009. Release of Transcript Restriction set for 9/28/2009. (jweb1, ) Modified to clarify docket text on 6/29/2009 (scot1, ).
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Filing 158
RESPONSE to Motion re #155 MOTION Vacate Plaintiff's Expert Witness Identification and Disclosure Deadline filed by Defendant Ohio Heart & Vascular Center, Inc.,. (Seibel, Kenneth)
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Filing 157
NOTICE by Defendant Ohio Heart & Vascular Center, Inc., of Proof of Service of Subpoena on Robert J. Toltzis (Attachments: #1 Exhibit A Proof of Service of Subpoena) (Seibel, Kenneth)
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Filing 156
RESPONSE to Motion re #155 MOTION Vacate Plaintiff's Expert Witness Identification and Disclosure Deadline filed by Defendants Christ Hospital, Christ Hospital Inc. (Murphy, Eric)
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Filing 155
MOTION Vacate Plaintiff's Expert Witness Identification and Disclosure Deadline by Plaintiffs United States ex rel, Harry F Fry. (Attachments: #1 Exhibit) (Whitaker, Glenn) Modified Docket Text to Clarify on 6/23/2009 (km1, ).
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MOTIONS REFERRED: #155 MOTION Vacate Plaintiff's Expert Witness Identification and Disclosure Deadline REFERRED to Magistrate Judge Timothy S. Black. (km1, )
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Filing 154
NOTICE by Defendant Ohio Heart & Vascular Center, Inc., of Subpoena Issued to Robert J. Toltzis (Attachments: #1 Exhibit) (Seibel, Kenneth)
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NOTICE: Today's conference with Magistrate Judge Black is VACATED at the parties' request. (jl1, )
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Filing 153
NOTICE by Defendant Health Alliance of Greater Cincinnati (Laemmle-Weidenfeld, Laura)
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Notice of Correction re:[FORMER DOCUMENT 152] Notice (Other)PDF removed because of missing signature. Counsel to refile. (jweb1, )
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Filing 152
[FORMER DOCUMENT 152] NOTICE by Defendant Health Alliance of Greater Cincinnati (Laemmle-Weidenfeld, Laura) Modified to remove PDF on 6/5/2009 (jweb1, ).
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Filing 151
NOTICE by Defendant Health Alliance of Greater Cincinnati of Substitution of Counsel (Mooney, Donald)
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Filing 150
ORDER granting in part and denying in part #130 Motion to Compel. Signed by Magistrate Judge Timothy S. Black on 6/3/09. (jl1, )
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Filing 149
RESPONSE to Motion re #130 MOTION to Compel Answers to Interrogatories from United States filed by Plaintiff United States ex rel. (Attachments: #1 Exhibit, #2 Exhibit) (Affeldt, Kenneth)
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Filing 148
Reply to Response re #130 MOTION to Compel Answers to Interrogatories from United States filed by Defendant Ohio Heart & Vascular Center, Inc.,. (Attachments: #1 Exhibit 1) (Seibel, Kenneth) Modified to clarify docket text on 5/27/2009 (jweb1, ).
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Filing 147
ORDER denying #140 Motion to Quash; denying #144 Motion to Quash. Signed by Magistrate Judge Timothy S. Black on 5/21/09. (jl1, )
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Filing 146
Minute Entry for proceedings held before Magistrate Judge Timothy S. Black: Motion Hearing held on 5/21/2009 re #140 First MOTION to Quash filed by Medical Diagnostic Associates Inc, #105 MOTION to Compel filed by United States ex rel, #144 MOTION to Quash Subpoena By Defendant Ohio Heart & Vascular Center, Inc. filed by Medical Diagnostic Associates Inc. Motions to quash (Docs. 140, 144) are moot per order denying signed in court. Motion to compel (Doc. 105) - argument heard. Matter taken under submission. Status conference on future discovery matters followed. (Court Reporter Mary Ann Ranz.) (jl1, ) Modified on 5/22/2009 (jl1, ).
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Filing 145
RESPONSE in Opposition re #144 MOTION to Quash Subpoena By Defendant Ohio Heart & Vascular Center, Inc. filed by Defendant Ohio Heart & Vascular Center, Inc.,. (Seibel, Kenneth)
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NOTICE of Hearing: Discovery Hearing set for 5/21/2009 01:30 PM before Magistrate Judge Timothy S. Black on the Motion to Quash Subpoena (Doc. 144).
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MOTIONS REFERRED: #144 MOTION to Quash Subpoena By Defendant Ohio Heart & Vascular Center, Inc. REFERRED to Magistrate Judge Timothy S Black (km1, )
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Filing 144
MOTION to Quash Subpoena By Defendant Ohio Heart & Vascular Center, Inc. by Defendant Medical Diagnostic Associates Inc. (Block, Robert)
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Filing 143
NOTICE by Defendant Ohio Heart & Vascular Center, Inc., of Subpoena served upon Richard Schwartz, Schwartz, Manes, Ruby & Slovin (Seibel, Kenneth)
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Filing 142
OPINION AND ORDER denying #116 Motion to Dismiss Relator Harry F. Fry M.D. for Lack of Subject Matter Jurisdiction. Signed by Judge S Arthur Spiegel on 5/12/2009. (km1, )
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NOTICE of Hearing: Discovery Hearing set for 5/21/2009 01:30 PM before Magistrate Judge Timothy S. Black on the Motion to Quash Subpoena (Doc. 140). (jl1, ) Modified on 5/12/2009 (jl1, ).
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MOTIONS REFERRED: #140 First MOTION to Quash Subpoena REFERRED to Magistrate Judge Timothy S. Black (km1, )
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Filing 141
NOTICE by Plaintiff United States ex rel of Subpoena served on Medical Diagnostics Associates, Inc. (Attachments: #1 Exhibit) (Affeldt, Kenneth)
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Filing 140
First MOTION to Quash by Defendant Medical Diagnostic Associates Inc. (Block, Robert)
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Filing 139
Minute Entry for proceedings held before Judge S Arthur Spiegel: Motion Hearing held on 5/7/2009 re #116 MOTION to Dismiss for Lack of Jurisdiction filed by Health Alliance of Greater Cincinnati, Christ Hospital, Christ Hospital Inc, Ohio Heart & Vascular Center, Inc. Counsel present; Arguments held; Matter taken under advisement; Order to follow. (Court Reporter Jodie Perkins (Official).) (mr1, )
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Filing 138
REPLY to Response to Motion re #130 MOTION to Compel Answers to Interrogatories from United States filed by Defendant Ohio Heart & Vascular Center, Inc.,. (Attachments: #1 Declaration of Kenneth F. Seibel, Esquire) (Seibel, Kenneth)
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Filing 137
ORDER setting status conferences as follows: 5/21/09 @ 1:30; 6/15/09 @ 1:30; 7/15/09 @ 1:30; 8/17/09 @ 1:30; 9/15/09 @ 1:30. On each date counsel to call 513-564-7260. Signed by Magistrate Judge Timothy S. Black on 4/24/09. (jl1, )
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Filing 136
RESPONSE in Opposition re #130 MOTION to Compel Answers to Interrogatories from United States filed by Plaintiff United States ex rel. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Affidavit) (Affeldt, Kenneth)
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Filing 135
NOTICE of Hearing: Settlement Conference set for 9/17/2009 11:00 AM in Chambers before Judge S Arthur Spiegel. (km1, )
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Filing 134
AMENDED PRELIMINARY PRETRIAL AND SUMMARY JURY TRIAL ORDER granting #133 Joint Motion for Revision of the Court's Preliminary Pretrial Order. The Court VACATES the previous scheduling order #47 and RESETS this matter according to the following schedule: Discovery due by 10/1/2009. Dispositive Motions due by 11/1/2009 Final Pretrial Conference tentatively set for 1/21/2010 at 2:00 PM. Charging Conference set for 2/11/2010 at 3:00 PM with the three-day Summary Jury Trial commencing 2/23/2010. Five-week Jury Trial tentatively set for 4/6/2010 on an on-deck basis. Signed by Judge S Arthur Spiegel on 4/23/2009. (km1, )
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Set/Reset Cincinnati PPTO Deadlines: Discovery due by 10/1/2009. Dispositive Motions not directed to pleadings due by 11/1/2009. Settlement Conference set for 9/17/2009 11:00 AM before Judge S Arthur Spiegel. Final Pretrial Conference tentatively set for 1/21/2010 02:00 PM. Charging Conference set for 2/11/2010 03:00 PM. Three-day Summary Jury Trial set for 2/23/2010 09:30 AM. Five-week Jury Trial tentatively set for 4/6/2010 09:30 AM on an on-deck basis. (km1, )
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Filing 133
Joint MOTION Revision of Pretrial Order re #47 Preliminary Pretrial Order,,,, by Plaintiffs United States ex rel, Harry F Fry, Defendants Ohio Heart & Vascular Center, Inc.,, Health Alliance of Greater Cincinnati, Christ Hospital, Christ Hospital Inc, Ohio Heart Health Center Inc, Medical Diagnostic Associates Inc, Movants Center for Closing The Health Gap In Greater Cincinnati, Mount Auburn Chamber of Commerce, Mount Auburn Community Council. (Attachments: #1 Exhibit Revised Rule 26(f) Report) (Kamp, David)
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NOTICE of Hearing: Defendant Open Heart's motion to compel (Doc. 130) is set for oral argument on May 21, 2009 @ 1:30 p.m. in Room 716. (jl1, )
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Minute Entry for proceedings held before Magistrate Judge Timothy S. Black: On April 17, 2009, Magistrate Judge Black conferred in person in chambers for two hours with 15 attorneys representing the various parties. The parties unanimously seek a four month extension of the Courts litigation calendar. Judge Black advised that such a request must be presented to Judge Spiegel via a joint motion, which motion the parties agreed to proffer by Tuesday, April 21. If the Court were to extend time, the Magistrate Judge would require the parties to meet with him every 30 days to ensure the parties absolute compliance with any extended calendar order as it relates to discovery. (jl1, )
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Filing 132
NOTICE of Appearance by David Paul Kamp Defendant Health Alliance of Greater Cincinnati (Kamp, David)
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NOTICE: Discovery conference scheduled in chambers for Friday, April 17, 2009 @ 2:00 p.m. (jl1, )
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Filing 130
MOTION to Compel Answers to Interrogatories from United States by Defendant Ohio Heart & Vascular Center, Inc.,. (Attachments: #1 Declaration of Kenneth F. Seibel, Esquire, #2 Exhibit 1 to Declaration of Kenneth F. Seibel, Esquire, #3 Exhibit 2 to Declaration of Kenneth F. Seibel, Esquire, #4 Exhibit 3 to Decaration of Kenneth F. Seibel, Esquire) (Seibel, Kenneth)
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MOTIONS REFERRED: #130 MOTION to Compel Answers to Interrogatories from United States REFERRED to Magistrate Judge Timothy S Black (km1, )
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Filing 129
REPLY to Response to Motion re #116 MOTION to Dismiss for Lack of Jurisdiction filed by Defendants Ohio Heart & Vascular Center, Inc.,, Health Alliance of Greater Cincinnati, Christ Hospital, Christ Hospital Inc. (Murphy, Eric)
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Filing 127
NOTICE by Defendants Health Alliance of Greater Cincinnati, Christ Hospital, Christ Hospital Inc of Filing Under Seal (Murphy, Eric)
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Filing 126
NOTICE by Plaintiff United States ex rel Agreement Governing Production Of Electronically Stored Information (Affeldt, Kenneth)
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Filing 125
RESPONSE in Opposition re #116 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff United States ex rel. (Zoldan, Evan)
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Filing 124
RESPONSE in Opposition re #116 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Harry F Fry. (Attachments: #1 Exhibit Declaration, #2 Exhibit) (Whitaker, Glenn)
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Filing 123
STIPULATED PROTECTIVE ORDER by Magistrate Judge Timothy S. Black. (jweb1, ) (Additional attachment(s) added on 8/21/2009: #1 ex A) (jl1, ).
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Notice of Correction re [Former Document 122]Order. PDF removed because it was missing a page. Clerk will refile. (jweb1, )
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Filing 122
[FORMER DOCUMENT 122] STIPULATED PROTECTIVE ORDER by Magistrate Judge Timothy S. Black. (jweb1, ) Modified to remove PDF on 3/16/2009 (jweb1, ).
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Filing 121
NOTICE by Plaintiffs United States ex rel, Harry F Fry, Defendants Ohio Heart & Vascular Center, Inc.,, Health Alliance of Greater Cincinnati, Christ Hospital, Christ Hospital Inc of Filing Proposed Stipulated Protective Order (Attachments: #1 Exhibit Stipulated Protective Order) (Whitaker, Glenn)
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Filing 120
NOTICE of Hearing on Motion re #116 MOTION to Dismiss for Lack of Jurisdiction: Motion Hearing RESET for 5/7/2009 11:00 AM in Courtroom 842 before Judge S Arthur Spiegel. (km1, )
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Filing 119
NOTICE of Appearance by Pierre H Bergeron Defendants Christ Hospital, Christ Hospital Inc (Bergeron, Pierre)
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Filing 118
NOTICE of Hearing on Motion re #116 MOTION to Dismiss for Lack of Subject Matter Jurisdiction: Motion Hearing set for 4/28/2009 09:00 AM in Courtroom 842 before Judge S Arthur Spiegel. (km1, )
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Filing 117
OPINION AND ORDER denying #98 Joint Motion to Certify for Interlocutory Appeal the Order Denying Defendants' Motion to Dismiss; granting #102 Motion for Leave to File an Amici Curiae Memorandum in Support of Defendants' Motion to Certify for Interlocutory Appeal, which the Court has considered in rendering this decision. Signed by Judge S Arthur Spiegel on 2/26/2009. (km1, )
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Filing 116
MOTION to Dismiss for Lack of Jurisdiction by Defendants Ohio Heart & Vascular Center, Inc.,, Health Alliance of Greater Cincinnati, Christ Hospital, Christ Hospital Inc. Responses due by 3/23/2009 (Attachments: #1 Appendix pages 1 to 65, #2 Appendix pages 66-129) (Murphy, Eric)
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Filing 115
ORDER granting #114 Motion for Extension of Time to 3/31/09 to respond to motion to compel. Signed by Magistrate Judge Timothy S. Black on 2/24/09. (jl1, )
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MOTIONS REFERRED: #114 MOTION for Extension of Time New date requested 3/31/2009 to File Response re #105 Motion to Compel REFERRED to Magistrate Judge Timothy S. Black. (km1, )
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Notice of Correction re [FORMER DOC. 111] Notice (Other), [FORMER DOC. 112] Notice (Other), and [FORMER DOC. 113] Notice (Other): PDF's removed at request of counsel. Should not have been filed because the exhibits contained information that bound by the protective order. Counsel will not refile. (scot1, )
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Filing 114
MOTION for Extension of Time New date requested 3/31/2009 to File Response re #105 Motion to Compel by Defendants Health Alliance of Greater Cincinnati, Christ Hospital, Christ Hospital Inc. (Murphy, Eric) Modified Docket Text to Clarify on 2/23/2009 (km1, ).
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Filing 113
[FORMER DOC. 113] NOTICE by Plaintiffs United States ex rel, Harry F Fry of 30(b)(6) Deposition of The Health Alliance (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H) (Whitaker, Glenn) Modified to remove PDF on 2/23/2009 (scot1, ).
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Filing 112
[FORMER DOC. 112] NOTICE by Plaintiffs United States ex rel, Harry F Fry of 30(b)(6) Deposition of The Christ Hospital (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit F, # 8 Exhibit H) (Whitaker, Glenn) Modified to remove PDF on 2/23/2009 (scot1, ).
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Filing 111
[FORMER DOC. 111] NOTICE by Plaintiffs United States ex rel, Harry F Fry of Deposition of Defendant Ohio Heart & Vascular Center (Attachments: # 1 Exhibit Attachment A, # 2 Exhibit Attachment B, # 3 Exhibit Attachment C, # 4 Exhibit Attachment D, # 5 Exhibit Attachment E, # 6 Exhibit Attachment F, # 7 Exhibit Attachment G, # 8 Exhibit Attachment H, # 9 Exhibit Attachment I) (Whitaker, Glenn) Modified to remove PDF on 2/23/2009 (scot1, ).
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Filing 110
NOTICE of Appearance by Evan C Zoldan Plaintiff United States ex rel (Zoldan, Evan)
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Filing 109
REPLY to Response to Motion re #102 MOTION for Leave to File Amici Curiae Memorandum In Support of #98 Defendants' Joint Motion to Certify for Interlocutory Appeal the Order Denying Defendants' Motion to Dismiss MOTION for Leave to File Amici Curiae Memorandum In Support of #98 Defendants' Joint Motion to Certify for Interlocutory Appeal the Order Denying Defendants' Motion to Dismiss filed by Movants Center for Closing The Health Gap In Greater Cincinnati, Mount Auburn Chamber of Commerce, Mount Auburn Community Council. (Mitchell, Jennifer)
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Filing 108
REPLY to Response to Motion re #98 MOTION for Leave to Appeal Under 28 U.S.C. 1292(b) filed by Defendants Ohio Heart & Vascular Center, Inc.,, Christ Hospital, Christ Hospital Inc. (Murphy, Eric)
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Filing 107
RESPONSE in Opposition re #102 MOTION for Leave to File Amici Curiae Memorandum In Support of #98 Defendants' Joint Motion to Certify for Interlocutory Appeal the Order Denying Defendants' Motion to Dismiss MOTION for Leave to File Amici Curiae Memorandum In Support of #98 Defendants' Joint Motion to Certify for Interlocutory Appeal the Order Denying Defendants' Motion to Dismiss filed by Plaintiff Harry F Fry. (Whitaker, Glenn)
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MOTIONS REFERRED: #105 MOTION to Compel REFERRED to Magistrate Judge Timothy S Black. (km1, )
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Filing 106
NOTICE by Plaintiff United States ex rel re #105 MOTION to Compel Supplement to Exhibit A (Affeldt, Kenneth)
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Filing 105
MOTION to Compel by Plaintiff United States ex rel. (Attachments: #1 Exhibit A - Declaration of Charles Hattemer, M.D., #2 Exhibit B - Declaration of William M. McErlean, #3 Exhibit C - Declaration of Ken Affeldt, Esq.) (Affeldt, Kenneth)
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Filing 104
Transcript of Proceedings (Hearing on Motion to Dismiss) held on 12/3/2008, before Judge S. Arthur Spiegel. Court Reporter/Transcriber Jodie Perkins (Official), Telephone number (513) 564-7676 (no. pgs: 75). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 2/19/2009. Redacted Transcript Deadline set for 3/2/2009. Release of Transcript Restriction set for 4/29/2009. (km1, )
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Filing 103
RESPONSE in Opposition re #98 MOTION for Leave to Appeal Under 28 U.S.C. 1292(b) filed by Plaintiff United States ex rel. (Affeldt, Kenneth)
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Filing 102
MOTION for Leave to File Amici Curiae Memorandum In Support of #98 Defendants' Joint Motion to Certify for Interlocutory Appeal the Order Denying Defendants' Motion to Dismiss. (Attachments: #1 Amici Curiae Memorandum in Support of Defendants' Joint Motion to Certify for Interlocutory Appeal the Order Denying Defendants' Motion to Dismiss) (Mitchell, Jennifer) Modified Docket Text to Clarify on 1/29/2009 (km1, ).
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Filing 101
ANSWER to #53 Intervenor Complaint by Defendants Christ Hospital, Christ Hospital Inc. (Murphy, Eric)
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Filing 100
ANSWER to #53 Intervenor Complaint by Defendant Ohio Heart & Vascular Center, Inc.,. (Seibel, Kenneth)
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Filing 99
ANSWER to Complaint with Jury Demand by Defendant Health Alliance of Greater Cincinnati. (Laemmle-Weidenfeld, Laura)
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Filing 98
MOTION for Leave to Appeal Under 28 U.S.C. 1292(b) by Defendants Ohio Heart & Vascular Center, Inc.,, Christ Hospital, Christ Hospital Inc. (Attachments: #1 Exhibit A) (Murphy, Eric)
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Filing 97
ORDER granting #96 Unopposed Motion for Extension of Time to File Responsive Pleadings to the Complaint; Ohio Heart & Vascular Center, Inc., answer due 1/16/2009; Health Alliance of Greater Cincinnati answer due 1/16/2009; Christ Hospital answer due 1/16/2009; Christ Hospital Inc answer due 1/16/2009. Signed by Judge S Arthur Spiegel on 12/30/2008. (km1, )
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Filing 96
Unopposed MOTION for Extension of Time to File Answer New date requested 1/16/2009. by Plaintiffs United States ex rel, Harry F Fry, Defendants Ohio Heart & Vascular Center, Inc.,, Health Alliance of Greater Cincinnati, Christ Hospital, Christ Hospital Inc. (Murphy, Eric)
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Filing 95
OPINION AND ORDER denying #68 Joint Motion to Dismiss United States' Complaint in Intervention and similarly REJECTS the arguments presented in the Separate Memorandum of the Ohio Heart and Vascular Center Inc in Support of Defendants' Motion to Dismiss #69 . Signed by Judge S Arthur Spiegel on 12/18/2008. (km1, )
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Filing 94
ORDER granting #91 Motion for Relief from the Preliminary Pretrial Order and for for a Scheduling Conference to Amend the Discovery Schedule to the extent that it LIFTS the stay of discovery in this matter and RESETS the discovery cut-off to 6/1/2009. Signed by Judge S Arthur Spiegel on 12/4/2008. (km1, ) Modified on 12/4/2008 to correct attached .pdf (km1, ).
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Notice of Correction re: #94 Order. Original order contained minor typographical error in reference to the pending motion to dismiss (order referred to as Plaintiff's motion when it is Defendants' motion). The.pdf has been removed and replaced with corrected order. (km1, )
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Minute Entry for proceedings held before Judge S Arthur Spiegel: Motion Hearing held on 12/3/2008 re #68 Joint MOTION to Dismiss The United States' Complaint In Intervention. Counsel for parties present. Arguments heard. Matter taken under advisement; written Order to follow. (Court Reporter Jodie Perkins (Official).) (km1, )
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Filing 93
NOTICE of Appearance of George C. Vitelli by Plaintiff United States ex rel. (er1 )
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Filing 92
NOTICE of Appearance by Jennifer L Cihon Plaintiff United States ex rel (Cihon, Jennifer)
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Filing 91
MOTION FOR RELIEF FROM PRELIMINARY PRETRIAL ORDER AND FOR A SCHEDULING CONFERENCE TO AMEND THE DISCOVERY SCHEDULE by Plaintiff United States ex rel. (Affeldt, Kenneth)
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Notice of Correction re: 90 NOTICE by Plaintiff United States ex rel of the United States and Relator's Motion for Relief from Preliminary Pretrial Order. The PDF has been removed by Clerk due to being filed using the incorrect filing event. Counsel has been advised to refile this document as a Motion. (srj1, )
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Filing 90
NOTICE by Plaintiff United States ex rel of the United States and Relator's Motion for Relief from Preliminary Pretrial Order (Affeldt, Kenneth)
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Filing 89
ORDER granting #86 Motion for Leave to File Memorandum In Opposition to Motion to Dismiss in Excess of 20 Pages in Length. Signed by Judge S Arthur Spiegel on 11/10/2008. (km1, )
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Notice of Correction re: 87 Joint Response in Support of Motion. Document removed from docket at request of counsel due to filing error. Document refiled by counsel as doc. 88. (km1, )
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Filing 88
JOINT RESPONSE in Support re #68 Joint MOTION to Dismiss The United States' Complaint In Intervention filed by Defendants Ohio Heart & Vascular Center, Inc.,, Health Alliance of Greater Cincinnati, Christ Hospital, Christ Hospital Inc. (Mooney, Donald) Modified Docket Text on 11/10/2008 (km1, ).
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Filing 87
***REMOVED FROM DOCKET DUE TO FILING ERROR***JOINT RESPONSE in Support re #68 Joint MOTION to Dismiss The United States' Complaint In Intervention filed by Defendants Ohio Heart & Vascular Center, Inc.,, Health Alliance of Greater Cincinnati, Christ Hospital, Christ Hospital Inc. (Mooney, Donald) Modified Docket Text on 11/7/2008 (km1, ).
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Filing 86
Joint MOTION for Leave to File Memorandum Exceeding 20 Pages in Length by Defendants Ohio Heart & Vascular Center, Inc.,, Health Alliance of Greater Cincinnati, Christ Hospital, Christ Hospital Inc. (Mooney, Donald)
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Filing 85
SEPARATE RESPONSE in Support re #68 Joint MOTION to Dismiss The United States' Complaint In Intervention filed by Defendant Ohio Heart & Vascular Center, Inc.,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Seibel, Kenneth) Modified Docket Text on 11/7/2008 (km1, ).
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Filing 84
SEPARATE RESPONSE OPPOSING #69 Separate Response in Support of #68 Motion to Dismiss Complaint In Invervention filed by Defendant Ohio Heart & Vascular Center, Inc., filed by Plaintiff United States ex rel. (Attachments: #1 Exhibit) (Affeldt, Kenneth) Modified Docket Text to Clarify on 10/24/2008 (km1, ).
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Filing 83
RESPONSE in Opposition re #68 Joint MOTION to Dismiss The United States' Complaint In Intervention filed by Plaintiff United States ex rel. (Attachments: #1 Exhibit, #2 Exhibit) (Affeldt, Kenneth)
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Filing 82
ORDER granting #70 Joint Motion to Stay Discovery pending resolution of Defendants' Motion to Dismiss. Signed by Judge S Arthur Spiegel on 10/14/2008. (km1, )
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Filing 81
NOTICE of Hearing on Motion re #68 Joint MOTION to Dismiss The United States' Complaint In Intervention: Motion Hearing RESET for 12/3/2008 03:00 PM in Courtroom 842 before Judge S Arthur Spiegel. (km1, )
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Filing 80
Corporate Disclosure Statement by Defendant Health Alliance of Greater Cincinnati. (Mooney, Donald)
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Filing 79
Corporate Disclosure Statement by Defendants Christ Hospital, Christ Hospital Inc. (Murphy, Eric)
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Filing 78
REPLY to Response to Motion re #70 Joint MOTION to Stay Discovery filed by Defendants Ohio Heart & Vascular Center, Inc.,, Health Alliance of Greater Cincinnati, Christ Hospital, Christ Hospital Inc. (Attachments: #1 Exhibit A, #2 Exhibit B) (Murphy, Eric)
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Filing 77
Corporate Disclosure Statement by Defendant Ohio Heart & Vascular Center, Inc.,. (Seibel, Kenneth)
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Filing 76
NOTICE of Hearing on Motion re #68 Joint MOTION to Dismiss The United States' Complaint In Intervention: Motion Hearing set for 11/26/2008 02:00 PM in Courtroom 842 before Judge S Arthur Spiegel. (km1, )
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Filing 75
ORDER granting Defendant Medical Diagnostic Associates Inc up to 10/29/2008 to file its Answer. The Court ADVISES all parties that, as the Court intends on keeping this case moving toward resolution, any further requests to adjust the calendar in this matter must be made by way of a motion to the Court. Signed by Judge S Arthur Spiegel on 10/1/2008. (km1, )
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Set/Reset Deadlines: Medical Diagnostic Associates Inc answer due 10/29/2008. (km1, )
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Filing 74
NOTATION ORDER granting #67 Joint Motion for Leave to File Memorandum in Excess of 20 Pages In Length. Signed by Judge S Arthur Spiegel on 10/1/2008. (km1, )
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Filing 73
MEMORANDUM IN SUPPORT to Motion re #70 Defendants' Joint MOTION to Stay Discovery filed by Plaintiff United States ex rel. (Affeldt, Kenneth) Modified on 10/2/2008 to edit text (srj1, ). Modified Docket Text to Clarify on 10/2/2008 (km1, ).
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Filing 72
RESPONSE In OPPOSITION to Motion re #70 Joint MOTION to Stay Discovery filed by Plaintiff Harry F Fry. (Whitaker, Glenn)
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Filing 71
MEMORANDUM IN SUPPORT re #70 Joint MOTION to Stay Discovery filed by Defendants Ohio Heart & Vascular Center, Inc., Health Alliance of Greater Cincinnati, Christ Hospital, Christ Hospital Inc. (Murphy, Eric) Modified Docket Text to Clarify on 9/30/2008 (km1, ).
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Filing 70
Joint MOTION to Stay Discovery by Plaintiff United States ex rel, Defendants Ohio Heart & Vascular Center, Inc.,, Health Alliance of Greater Cincinnati, Christ Hospital, Christ Hospital Inc. (Murphy, Eric)
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Filing 69
SEPARATE MEMORANDUM IN SUPPORT re #68 Joint MOTION to Dismiss The United States' Complaint In Intervention filed by Defendant Ohio Heart & Vascular Center, Inc.,. (Seibel, Kenneth) Modified Docket Text to Clarify on 9/30/2008 (km1, ).
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Filing 68
Joint MOTION to Dismiss The United States' Complaint In Intervention by Defendants Ohio Heart & Vascular Center, Inc.,, Health Alliance of Greater Cincinnati, Christ Hospital, Christ Hospital Inc. Responses due by 10/23/2008 (Mooney, Donald)
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Filing 67
Joint MOTION for Leave to File Memorandum Exceeding 20 Pages In Length by Defendants Ohio Heart & Vascular Center, Inc.,, Health Alliance of Greater Cincinnati, Christ Hospital, Christ Hospital Inc. (Mooney, Donald)
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Filing 66
ORDER granting #65 Motion to Unseal Entire Record. Signed by Judge S Arthur Spiegel on 9/23/2008. (km1, )
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Filing 65
MOTION to Unseal Entire Record by Plaintiff United States ex rel (Affeldt, Kenneth) Modified Docket Text on 9/22/2008 (km1, ).
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Notice of Correction re: 63 United States' Rule 26(a)(1) Initial Disclosures - this document contains personal identifiers of physicians and is being removed at the request of counsel for all parties. (km1, )
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Filing 64
NOTICE OF WITHDRAWAL OF DOCUMENT #60 Joint Motion to Unseal Record by Defendants Ohio Heart & Vascular Center, Inc., Health Alliance of Greater Cincinnati, Christ Hospital, Christ Hospital Inc (Murphy, Eric) Modified Docket Text to Clarify on 9/22/2008 (km1, ).
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Filing 63
***REMOVED FROM DOCKET AT REQUEST OF ALL COUNSEL DUE TO PERSONAL IDENTIFIERS***NOTICE by Plaintiff United States ex rel Harry F. Fry of filing of Initial Disclosures Pursuant to Fed. R. Civil P. 26(a)(1) (Affeldt, Kenneth) Modified Docket Text on 9/22/2008 (km1, ).
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Filing 62
RULE 26(f) REPORT by Plaintiffs United States ex rel, Harry F Fry, Defendants Ohio Heart & Vascular Center, Inc.,, Health Alliance of Greater Cincinnati, Christ Hospital, Christ Hospital Inc. (Whitaker, Glenn)
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Filing 61
NOTICE of Appearance by Andrew M Malek Plaintiff United States ex rel (Malek, Andrew)
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Filing 60
Joint MOTION to Unseal Document and Memorandum in Support of Defendants' Joint Motion to Unseal the Record by Defendants Ohio Heart & Vascular Center, Inc.,, Health Alliance of Greater Cincinnati, Christ Hospital, Christ Hospital Inc, Ohio Heart Health Center Inc, Medical Diagnostic Associates Inc. (Readler, Chad)
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Filing 59
WAIVER OF SERVICE Returned Executed by Plaintiff Harry F Fry. Medical Diagnostic Associates Inc waiver sent on 7/29/2008, answer due 9/29/2008. (mr1, ) Modified docket text on 8/26/2008 (scot1, ).
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Filing 58
WAIVER OF SERVICE Returned Executed by by Plaintiff Harry F Fry. Health Alliance of Greater Cincinnati waiver sent on 7/29/2008, answer due 9/29/2008. (mr1, ) Modified docket text on 8/26/2008 (scot1, ).
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Filing 57
WAIVER OF SERVICE Returned Executed by Plaintiff Harry F Fry. Defendant Christ Hospital Inc waiver sent on 7/29/2008, answer due 9/29/2008. (mr1, ) Modified docket text on 8/26/2008 (scot1, ).
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Filing 56
WAIVER OF SERVICE Returned Executed by Harry F Fry. Defendant Ohio Heart & Vascular Center, Inc., waiver sent on 7/29/2008, answer due 9/29/2008. (mr1, ) Modified docket text on 8/26/2008 (scot1, ).
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Filing 55
NOTICE by Plaintiff United States ex rel Notice of Subpoena (Attachments: #1 Attachment) (Affeldt, Kenneth)
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Filing 54
STIPULATION AND PROTECTIVE ORDER governing the disclosure of health information. Signed by Judge S Arthur Spiegel on 8/5/2008. (km1, )
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Filing 53
Intervenor COMPLAINT of the United States in Intervention, filed by United States ex rel. (Affeldt, Kenneth)
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Filing 52
ORDER granting #50 Motion for Leave to Appear Pro Hac Vice of Eric E Murphy. Signed by Judge S Arthur Spiegel on 7/24/2008. (km1, )
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Filing 51
ORDER granting #49 Motion for Leave to Appear Pro Hac Vice of Heather M O'Shea. Signed by Judge S Arthur Spiegel on 7/24/2008. (km1, )
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Filing fee: $ 400.00, receipt numbers 100CIN2450 & 100CIN2451 re #49 & #50 Motions for Leave Pro Hac Vice. (eh1, )
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Filing 50
MOTION for Leave to Appear Pro Hac Vice of Eric Murphy (Filing fee $ 200) by Defendants Christ Hospital, Christ Hospital Inc. (Sozio, Stephen) (Additional attachment(s) added on 7/23/2008: #1 Filing Fee Receipt) (eh1, ).
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Filing 49
MOTION for Leave to Appear Pro Hac Vice of Heather O'Shea (Filing fee $ 200) by Defendants Christ Hospital, Christ Hospital Inc. (Sozio, Stephen) (Additional attachment(s) added on 7/23/2008: #1 Filing Fee Receipt) (eh1, ).
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Filing 48
NOTICE of Appearance by Stephen G Sozio Defendants Christ Hospital, Christ Hospital Inc (Sozio, Stephen)
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Filing 47
PRELIMINARY PRETRIAL ORDER: The government shall complete its discovery by 12/31/2008, at which time it shall furnish defendants with the equivalent of the pretrial statement identifying the issues, witnesses, and documents supporting the government's case. All other discovery will be completed by 6/1/2009. Dispositive Motions not directed to pleadings due by 7/1/2009. Final Pretrial Conference tentatively set for 9/10/2009 02:00 PM. Five-week Jury Trial tentatively set for 11/3/2009 09:30 AM on an on-deck basis. Charging Conference set for 10/1/2009 02:00 PM, with a three-day Summary Jury Trial set for 10/13/2009 09:30 AM. If parties jointly request that a detailed jury questionnaire be sent to prospective jurors and the results be made available to counsel prior to the summary jury trial, they shall submit to the Court for its review and approval at the final pretrial conference on 9/10/2009, an agreed-upon proposed jury questionnaire. The parties shall submit proposed voir dire questions, jury instructions, special interrogatories and briefs on any issues of law 9/1/2009. Signed by Judge S Arthur Spiegel on 6/5/2008. (km1, )
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Filing 46
ORDER granting #42 Motion for Leave to Appear Pro Hac Vice of Laura F. Laemmle-Weidenfeld. Signed by Judge S Arthur Spiegel on 6/5/2008. (km1, )
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Filing 45
ORDER granting #41 Motion for Leave to Appear Pro Hac Vice of Harry R. Silver. Signed by Judge S Arthur Spiegel on 6/5/2008. (km1, )
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Filing 44
ORDER granting #40 Motion for Leave to Appear Pro Hac Vice of Laurence J. Freedman. Signed by Judge S Arthur Spiegel on 6/5/2008. (km1, )
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Filing 43
NOTICE of Appearance by Kenneth Franklin Seibel Defendant Ohio Heart & Vascular Center, Inc., (Seibel, Kenneth)
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Filing 42
MOTION for Leave to Appear Pro Hac Vice of Laura F. Laemmle-Weidenfeld by Defendant Health Alliance of Greater Cincinnati. (Attachments: #1 Laura F. Laemmle-Weidenfeld Certificate of Good Standing) (Mooney, Donald) Modified to update text on 6/5/2008 (mr1, ).
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Filing 41
MOTION for Leave to Appear Pro Hac Vice of Harry R. Silver by Defendant Health Alliance of Greater Cincinnati. (Attachments: #1 Harry R. Silver Certificate of Good Standing) (Mooney, Donald) Modified to update docket on 6/5/2008 (mr1, ).
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Filing 40
MOTION for Leave to Appear Pro Hac Vice of Laurence J. Freedman by Defendant Health Alliance of Greater Cincinnati. (Attachments: #1 Laurence J. Freedman Certificate of Good Standing) (Mooney, Donald) Modified to update text on 6/5/2008 (mr1, ).
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Filing 39
NOTICE of Appearance by Donald James Mooney, Jr Defendant Health Alliance of Greater Cincinnati (Mooney, Donald)
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Filing fee: $ 600.00, receipt number 100 002104 re: PHV admission fee dn #40 Laurence J. Freedman, dn #41 Harry R. Silver, dn #42 Laura F. Laemmie-Weidenfeld. (mr1, )
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Filing 38
NOTICE of Hearing: Status Conference set for 6/4/2008 03:00 PM in chambers before Judge S Arthur Spiegel. (km1, )
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Filing 37
ORDER REASSIGNING CASE. Case referred to the Clerk of Courts for reassignment. Judge Herman J. Weber no longer assigned to case. Signed by Judge Herman J. Weber on 4/7/08. (Case reassigned to Judge S Arthur Spiegel for all further proceedings) (do, )
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Filing 36
ORDER REASSIGNING CASE. Case is reassigned to the Clerk's Office for reassignment. Judge Herman J. Weber is reassigned for all further proceedings. Judge Michael R. Barrett no longer assigned to case. Signed by Judge Michael R. Barrett on 4/7/2008. (ba1, )
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Filing 35
ORDER OF RECUSAL. Case reassigned to Judge Michael R. Barrett for all further proceedings. Signed by Chief Judge Sandra S Beckwith on 4/2/08. (mb)
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Filing 34
ORDER that the relator's complaint, the govt's Notice of Intervention, & this Order be UNSEALED. All remaining documents in this matter to remain UNDER SEAL. THE SEAL IS LIFTED ON ALL FURTHER FILINGS after the date of this order. Signed by Chief Judge Sandra S Beckwith on 4/1/08. (mb)
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Filing 33
NOTICE OF ELECTION TO INTERVENE by Plaintiff United States. The United States to file its complaint within 120 days. (mb)
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NOTATION ORDER granting #32 Government's Sealed Motion for an extension of time until 4/2/08 to elect to intervene. Signed by Chief Judge Sandra S Beckwith on 3/4/08. (mb)
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Filing 32
SEALED MOTION by Plaintiff United States ex rel. (Attachments: #1 Declaration, #2 Text of Proposed Order) (mtw1)
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Filing 31
ORDER granting motion for extension of time until 3/2/08 for the United States to elect to intervent. Signed by Judge Sandra S Beckwith on 1/2/08. (mb)
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Filing 30
Sealed Document - Government's Ex Parte Application for extention of time in which to ellect to intervene. (Attachments: #1 Memo is support#2 In Camera Declaration of Kenneth F. Affeldt#3 Proposed Order) (srj1 )
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NOTATION ORDER granting the United States an extension of time until 1/2/08 to elect to intervene. Signed by Judge Sandra S Beckwith on 11/1/07. (mb)
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Filing 29
Sealed Document. The Government's Ex Parte Application for an extention of time in which to elect to intervene. (Attachments: #1 Memo in Support#2 Affidavit of Kenneth Affeldt#3 Proposed Order) (srj1 )
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Filing 28
THIRD AMENDED COMPLAINT. (Attachments: #1 Exhibit A) (srj1) Modified on 4/1/2008 (mb, ).
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Filing 27
SECOND AMENDED COMPLAINT With Jury Demand filed by Plaintiff Harry F Fry against Ohio Heart & Vascular Center, Inc., Health Alliance of Greater Cincinnati, Christ Hospital, and Christ Hospital Inc. (Attachments: #1 SEALED Exhibits) (tt1, )
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Filing 26
Sealed Document: Order granting motion for extension of time until 11/2/07 to elect to intervene (Doc. 25). Signed by CJ Beckwith. (mb)
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Filing 25
MOTION for Extension of Time within which to elect to intervene. New date requested 11/2/2007 by Plaintiff United States ex rel. (Attachments: #1 Sealed Declaration #2 Proposed Order) (tt1, )
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Filing 24
Sealed Document - Ex Parte Application for an Extension of Time until 5/2/2007 In Which to Elect to Intervene, Memorandum; Affidavit and Proposed Order. (sfe1, ) Modified on 11/6/2006 - To modify docket text to include date of extension (tt1, ).
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ORDER granting #21 Motion for extension of time until 11/2/06 to elect whether to intervene. Signed by Judge Sandra S Beckwith on 9/27/06. (mb, )
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Filing 23
ORDER granting #22 Motion to partially lift the seal to permit the United States to disclose the complaint to the defendants and their respective clients. Signed by Judge Sandra S Beckwith on 7/20/06. (mb)
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Filing 22
SEALED UNOPPOSED MOTION FOR A PARTIAL LIFTING OF THE SEAL. by Plaintiff United States ex rel. (srj1, )
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Filing 21
SEALED UNOPPOSED MOTION for Extension of Time; New date requested 11/2/2006. by Plaintiff United States ex rel. (Attachments: #1 Memorandum in Support of Motion for Extension of Time#2 Exhibit Declaration in Support of Motion for Extension of Time)(srj1, )
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Filing 20
SEALED ORDER granting #19 Govt's Motion for Extension of Time until 5/2/06 within which to elect to intervene. Signed by Judge Sandra S Beckwith on 12/5/05. (mb1)
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Filing 19
UNOPPOSED MOTION for Extension of Time ; New date requested 5/2/2006. by Plaintiff United States ex rel. (Attachments: #1 Exhibit Declaration in Support of Motion for Extension of Time #2 Memorandum in Support of Motion for Extension of Time)(srj1, ) Modified on 12/5/2005 - To clarify docket text (tt1, ). Modified on 12/5/2005 (srj1, ).
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Filing 18
ORDER granting #17 Govt's Motion for extension of time until 11/2/05 within which to elect to intervene. Signed by Judge Sandra S Beckwith on 5/4/05. (mb1)
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Filing 16
NOTICE of Manually Filing Motion for Extension of Time by Plaintiff (tt1, )
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Filing 17
UNOPPOSED SEALED MOTION For Extension of Time to Elect to Intervene ; New date requested 11/2/2005 by Plaintiff United States (tt1, )
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Filing 15
ORDER granting #14 Govt's Motion for Extension of Time until 5/2/05 to elect to intervene. Signed by Judge Sandra S Beckwith on 11/1/04. (mb1)
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Filing 14
UNOPPOSED MOTION for Extension of Time to Elect to Intervene ; New date requested 5/2/2005 by Plaintiff United States ex rel. (Attachments: #1 Declaration of Kenneth F Affeldt)(tt1, )
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Filing 13
NOTICE Of Manual Filing by Plaintiff United States ex rel (tt1, )
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Filing 12
ORDER (FILED UNDER SEAL) granting #11 Govt's Motion for Extension of Time until 11/2/04 to elect to intervene. Signed by Judge Sandra S Beckwith on 5/4/04. (mb1) Modified on 5/4/2004 (mb1).
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Filing 11
MOTION for Extension of Time to Elect to Intervene (FILED UNDER SEAL) by Plaintiff United States ex rel. (ph1, ) Additional attachment(s) added on 5/4/2004 (mb1, ).
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Filing 10
NOTICE OF MANUAL FILING of Motion to Extend Time by Plaintiff United States ex rel (ph1, )
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Filing 9
ORDER granting #8 motion for extension of time until May 2, 2004 within which to elect whether to intervene. Signed by Judge Sandra S Beckwith on 10/27/03.(mb1)
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Filing 8
SEALED UNOPPOSED MOTION For Extension of Time until 5/2/04 for electing to intervene filed by USA (Attachments: #1 Exhibit Declaration in Support of Motion for Extension of Time)(tt1, )
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Filing 7
FIRST AMENDED COMPLAINT by plaintiffs with jury demand FILED UNDER SEAL ( no pgs: 52+) (seal) (Additional attachment(s) added on 4/2/2008: #1 Exhibit CMS Form 2552 certifications, #2 Exhibit Employment Agreement) (mb, ).
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Filing 6
ORDER by Judge Sandra S. Beckwith granting motion by plaintiff United States to extend time until 11/2/03 within which to elect to intervene [5-1] (cc: all counsel) ( no pgs: 1) (seal) (mb, ).
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Filing 5
EX PARTE MOTION by plaintiff United States to extend time until 11/2/03 within which to elect to intervene ; Motion is unopposed ( no pgs: 8) (seal) (mb, ).
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Filing 4
ORDER by Judge Sandra S. Beckwith Case referred to Mag. Judge Jack Sherman (cc: all counsel) ( no pgs: 2) (seal) (mb, ).
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Filing 3
ORDER by Judge Sandra S. Beckwith All filings in this action shall remain under seal for at least sixty days and shall not be served on the defendants until the Court so orders ; Case Sealed (cc: all counsel) ( no pgs: 1) (seal) (mb, ).
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Filing 2
STATEMENT/WRITTEN DISCLOSURE OF MATERIAL EVIDENCE PURSUANT TO 31 U.S.C. 3730(B)(2) ( no pgs: FILED UNDER SEAL) (seal) (Additional attachment(s) added on 4/2/2008: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N) (mb, ).
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Filing 1
COMPLAINT WITH JURY DEMAND (FILED UNDER SEAL) ( no. pgs: 47+Exhs) (seal) (Additional attachment(s) added on 4/2/2008: #1 Exhibit A, #2 Exhibit B) (mb, ).
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Filing Fee Paid: on 3/7/03 in the amount of $ 150.00, receipt # 418111. (seal)
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