United States of America et al v. Bluewave Healthcare Consultants Inc et al
| United States of America, Scarlett Lutz, Kayla Webster, Chris Riedel and Michael Mayes |
| Bluewave Healthcare Consultants, Inc., Latonya Mallory, Floyd Calhoun Dent, III, Robert Bradford Johnson, Berkeley Heartlab, Inc. and Quest Diagnostics Incorporated |
| Cadence Bank NA |
| Natera, Inc. |
| 9:2014cv00230 |
| January 27, 2014 |
| US District Court for the District of South Carolina |
| Beaufort Office |
| XUS, Outside State |
| Richard M Gergel |
| False Claims Act |
| 31 U.S.C. ยง 3729 |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
1179
ORDER The Dent Children's motion to quash the Government's writs of execution on the accounts in the names of Hailey Dent and Hunter Dent (Dkt. No. 1145 ) is DENIED. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 10/29/2021.(sshe, )
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Filing
830
ORDER AND OPINION re the United States' Objections to the BlueWave Defendants' Deposition Designations for the United States' 30(b)(6) witnesses Jennifer Williams and Michael Handrigan. (Dkt. Nos. 801 -1, 803 -1, 817 -1.) The Court has ruled on each Objection as set forth in the Order. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 1/12/2018. (sshe, )
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Filing
795
ORDER AND OPINION The Court ACCEPTS the Government's proposed jury instruction 2.9 (Dkt. No. 755 at 12) and DECLINES Defendant's proposed jury instruction number 19 (Dkt. No. 703 at 19). AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 12/4/2017. (sshe, )
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Filing
792
ORDER AND OPINION This matter is before the Court on Defendants' Objections to the Government's Deposition Designations for Defendant Robert Bradford Johnson and Defendant Floyd Calhoun Dent, III, and the Government's Objections to Defendants' Counter-Designations. (Dkt. No. 761 .) The Court has ruled on each Objection as set forth in the Order. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 12/1/2017. (sshe, )
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Filing
765
MEMORANDUM OPINION DENYING non-parties Kevin Carrier, Erika Guest, Charles Maimone, Kyle Martel, Gil Rabin, Darrin Thomas, and Laura Hoey supplemental motions to quash trial subpoenas (Dkt. Nos. 750 , 751 ). Signed by Honorable Richard M Gergel on 11/29/2017.(sshe, )
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Filing
744
ORDER AND OPINION denying non-parties Kevin Carrier, Erika Guest, CharlesMaimone, Kyle Martel, Gil Rabin, Darrin Thomas, Mark White, Augusta Dowd, Linda Flippo, Laura Hoey, and Rex Butler's 719 Motion to Quash; denying 729 Motion to Quash; denying 731 Motion to Quash; denying 737 Motion to Quash as to arguments based on non-compliance with the geographic limitations of Rule 45(d)(3)(A)(ii). Movants may file supplemental motions to quash under Rule 45(d)(3 )(A)(i), 45(d)(3)(A)(iii), 45(d)(3)(A)(iv), or 45(d)(3)(B) by 11:00 a.m. on November 27, 2017. The Court will hear argument on any motions to quash at 11:00 a.m. on November 28, 2017. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 11/21/2017.(sshe, )
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Filing
724
ORDER AND OPINION DENYING AS MOOT 717 Government's Motion to Exclude the Testimony of Dennis Padget. No sanction will be imposed. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 11/15/2017.(sshe, )
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Filing
716
ORDER AND OPINION denying 677 BlueWave Defendants' Motion to Compel. Details in Order. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 11/8/2017.(sshe, )
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Filing
707
ORDER AND OPINION Defendant Mallory's Motion for Summary Judgment (Dkt. No. 498 ) is DENIED. The Government's Motion for Partial Summary Judgment (Dkt.No. 501 ) is GRANTED IN PART with respect to Defendant Mallory's Third, Fourth, and Seventh affirmative defenses and DENIED IN PART with respect to all other claims and defenses. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 10/31/2017.(sshe, )
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Filing
693
ORDER AND OPINION The BlueWave Defendants' Motion for Summary Judgment (Dkt. No. 504 ) is GRANTED IN PART with respect to Relator Riedel's Speaker Feeclaims and DENIED IN PART as to all other claims. The Government 's Motion for Partial Summary Judgment (Dkt. No. 501 ) is GRANTED IN PART with respect to Defendants' Fourth, Fifth, Sixth, Seventh (see footnote 8), Tenth, Twelfth, andNineteenth affirmative defenses and DENIED IN PART with respect to all other claims and defenses. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 10/23/2017.(sshe, )
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Filing
634
ORDER AND OPINION granting in part and denying in part 500 Mallory's Motion for Summary Judgment. Latonya Mallory's motion for summary judgment is granted with regard to Lutz and Webster's claims arising under insurance statutes inCalifornia and Illinois. Mallory's motion for summary judgment is denied as to all other claims. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 8/29/2017.(sshe, )
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Filing
613
ORDER AND OPINION granting 582 the Government's Motion to Extend the scheduling order to name Mr. Pace. The Government is hereby ordered to work diligently with Defendants to arrange for Mr. Pace's deposition immediately. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 8/24/2017.(sshe, )
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Filing
604
ORDER AND OPINION re 406 Defendant Latonya Mallory's MOTION to Compel the Government to respond fully to Mallory's first set of Requests for Production ("RFPs"). The Government is hereby ordered to produce documents to Defendants consistent with this order. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 8/22/2017. (sshe, )
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Filing
575
ORDER AND OPINION denying 551 BlueWave Defendants' Motion to Reconsider Signed by Honorable Richard M Gergel on 8/9/2017.(sshe, )
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Filing
550
ORDER AND OPINION granting 444 the Government's Motion to Exclude the expert testimony of Jennifer Bolen. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 7/21/2017.(sshe, )
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Filing
527
ORDER AND OPINION GRANTING 443 United States' Motion to Exclude Curtis Udell's expert testimony Signed by Honorable Richard M Gergel on 7/11/2017.(sshe, )
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Filing
509
ORDER AND OPINION granting 441 the Government's Motion to Exclude the expert testimony of Jessica Schmor. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 6/29/2017.(sshe, )
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Filing
507
ORDER AND OPINION granting 442 the Government's Motion to Exclude the expert testimony of Daniel Mulholland, III. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 6/26/2017.(sshe, )
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Filing
494
ORDER AND OPINION granting in part and denying in part 406 Motion to Compel. Mallory's motion to compel (Dkt. No. 406 ) is DENIED without prejudice as to RFP Nos. 22. 25, 28, and 29. The motion to compel is GRANTED wi th regard to RFP Nos. 3, 12, 27, 26, and 30. The Government is ordered to produce responsive documents in accordance with this order. Documents responsive to RFP. Nos. 26 and 27 should be submitted to this Court for in camera review by June 30, 2017. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 6/19/2017.(sshe, )
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Filing
434
ORDER AND OPINION denying without prejudice 427 Motion for an Order under Rule 16. The Government has named 213 potential witnesses. In fairness to the parties, the Government is hereby ordered to provide a detailed and uni que summary of each potential witness's expected testimony by May 9, 2017. The Government must notify defendants by May 9, 2017 of any witnesses it does not expect to call at trial, and the Government need not complete a summary for those witnesses. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 4/28/2017.(sshe, )
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Filing
428
ORDER AND OPINION granting in part and denying in part 351 Dent's Motion to Compel. The Government is hereby ordered to respond to Dent's RFPs in a manner consistent with the Court's findings in this Order. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 4/27/2017.(sshe, )
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Filing
424
ORDER AND OPINION denying without prejudice 391 BlueWave Defendants' Motion to Strike the Government's allegedly late-named witnesses. Signed by Honorable Richard M Gergel on 4/19/2017.(sshe, )
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Filing
410
ORDER AND OPINION The Government's motion (Dkt. No. 350 ) to compel production of documents by the BlueWave Defendants is GRANTED. The BlueWave Defendants are ordered to produce all documents in their custody and control relating to the communications they received from counsel about the conduct at issue in this case, including information currently in the possession of their former counsel. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 4/5/2017.(sshe, )
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Filing
390
ORDER AND OPINION granting in part and denying in part 293 BlueWave's Motion to Dismiss. The motion to dismiss is GRANTED with regard to (1) Riedel's claims in connection with the P&H fees and Unnecessary Tests an d (2) claims under 31 U.S.C. § 3729(a)(l)(G) (retention of proceeds to which not entitled, or reverse false claims). The motion to dismiss is DENIED with regard to (1) the Speakers Bureau kickback scheme; (2) the waiver of co-payments/deductible s kickback scheme; (3) claims under 31 U.S.C. § 3729(a)(1)(B) (making or using false records or statements material to payment or approval of false claims); and (4) claims under 31 U.S.C. § 3729(a)(1)(C) (conspiracy to commit FCA violations). AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 3/23/2017.(sshe, )
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