United States of America v. Carell et al
Plaintiff: United States of America
Defendant: James W. Carell, Robert Vining, Diversified Health Management, Inc., The James W. Carell Family Trust, Careall, Inc., VIP Home Nursing and Rehabilitation Services, LLC, Professional Home Health Care, LLC and University Home Health, LLC
Case Number: 3:2009cv00445
Filed: May 18, 2009
Court: US District Court for the Middle District of Tennessee
Office: Nashville Office
County: Davidson
Presiding Judge: E. Clifton Knowles
Presiding Judge: Thomas Wiseman
Nature of Suit: Plaintiff
Cause of Action: 31 U.S.C. ยง 3729 False Claims Act
Jury Demanded By: Plaintiff

Available Case Documents

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

Date Filed Document Text
December 19, 2011 Opinion or Order Filing 380 MEMORANDUM OF THE COURT. Signed by Chief Judge Todd J. Campbell on 12/19/11. (rd)
October 5, 2011 Opinion or Order Filing 369 ORDER: This matter is before the Court following an in camera review of 37 emails or email strings that have been withheld by pltf on the basis of the work product doctrine. By 10/12/11, pltf shall produce all the documents it has submitted for in camera inspection pursuant to the Courts prior Order, except that pltf may redact those portions of documents 61448 and 61449 that contain the email from Agent Covington. Signed by Magistrate Judge E. Clifton Knowles on 10/5/11. (rd)
August 29, 2011 Opinion or Order Filing 335 ORDER granting 324 Consolidated Motion to Seal Document. Signed by Senior Judge Thomas Wiseman on 8/29/11. (dt)
July 22, 2011 Opinion or Order Filing 312 ORDER granting 311 Motion to Extend Time for the Taking of Defendants' Expert Depositions by One Day. Signed by Senior Judge Thomas Wiseman on 7/22/11. (dt)
July 12, 2011 Opinion or Order Filing 309 ORDER: Motion for Protective Order 304 is Mooted by the Court's ruling this date on Government's Motion to Have Two Rebuttal Experts 286 , and Defendants' Motion to Exclude Damages Evidence 279 . Signed by Senior Judge Thomas Wiseman on 7/12/11. (dt)
June 28, 2011 Opinion or Order Filing 285 ORDER: On 6/27/2011, certain Defendants filed an "Emergency Motion for a Status Conference." 282 . The undersigned set a Status Conference for 2:00 p.m. on 6/28/2011. Plaintiff filed a Response 283 and Defendants sought leave to file a R eply, and submitted a proposed Reply. Docket No. 284-1. The Motion for Leave is GRANTED. For the reasons set forth on the record during the Status Conference, the expert deposition deadline in this action is extended to 7/22/2011. Signed by Magistrate Judge E. Clifton Knowles on 6/28/11. (dt)
May 26, 2011 Opinion or Order Filing 278 MEMORANDUM and ORDER: The United States' Consolidated Motion to Compel Production of Electronic Documents and Responses to Interrogatories by Defendants 218 is Granted to the extent listed in order. Defendants Consolidated Motion to Compel Dis covery Related to HHS-OIG File 4-93-00138-9 and to Reopen the Personal Deposition of Special Agent Christopher Covington 219 is Granted in Part and Denied in Part. Defendants' Motion to Compel Responses to Interrogatories Served on the United States Attorneys' Office and the FBI 223 is Granted in Part and Denied in Part. The Court DEFERS ruling on Defendants' Consolidated Motion to Compel Discovery of Certain Emails 237 . Within 10 days of the date of entry of this Order, the Government shall submit to the Court the subject emails for an in camera inspection. Signed by Magistrate Judge E. Clifton Knowles on 5/26/11. (dt)
April 20, 2011 Opinion or Order Filing 272 ORDER granting 256 Motion for Leave to Reply Memorandum. Signed by Magistrate Judge E. Clifton Knowles on 4/20/11. (dt)
April 15, 2011 Opinion or Order Filing 270 ORDER granting 268 Motion for Leave to File Reply Memorandum. Signed by Magistrate Judge E. Clifton Knowles on 4/15/11. (dt)
April 12, 2011 Opinion or Order Filing 265 ORDER granting 263 Motion for Leave to File Reply Memorandum. Signed by Magistrate Judge E. Clifton Knowles on 4/12/11. (dt)
March 24, 2011 Opinion or Order Filing 241 ORDER: Because counsel for the United States, acting as an officer of the Court, has provided a basis for the Court to treat the documents as confidential, as discussed above, the two Motions for Leave to File Document Under Seal 229 and 234 are GRANTED, and the documents at issue (Docket Nos. 219-5 and 233-11) shall remain under seal. Signed by Magistrate Judge E. Clifton Knowles on 3/24/11. (dt)
March 21, 2011 Opinion or Order Filing 240 ORDER: For the reasons explained in the accompanying Memorandum, the Motions for Partial Judgment on the Pleadings filed by Defendant James W. Carell (Docket No. 204) and by Defendant Diversified Health Management Inc. (Docket No. 208) are hereby DENIED. This case is referred to Magistrate Judge Knowles for further case management. It is SO ORDERED. Signed by Senior Judge Thomas Wiseman on 3/21/11. (af)
February 7, 2011 Opinion or Order Filing 215 ORDER: For the foregoing reasons, Defendants' requests for sanctions and contempt in their "Emergency Motion for Sanctions, Contempt and To Preclude The Plaintiff From Improperly Instructing Deponents Not to Answer Questions" 144 are DENIED. Defendants' "Motion to Reopen Depositions, for Sanctions Under Rule 30(d)(2), and for Relief From Rule 30(d)(1)" 156 is GRANTED IN PART and DENIED IN PART. The portion of the Motion seeking sanctions is DENIED. The portion of the Motion to reopen depositions is DENIED AS MOOT, in view of the parties' agreement discussed above. The portion of the Motion seeking relief from Rule 30(d)(1) is GRANTED, as provided above. Signed by Magistrate Judge E. Clifton Knowles on 2/7/11. (dt)
February 2, 2011 Opinion or Order Filing 214 ORDER granting 212 Motion for Leave to File a Reply Memorandum. Signed by Senior Judge Thomas Wiseman on 2/2/11. (dt)
December 16, 2010 Opinion or Order Filing 207 ORDER granting 206 Motion to Substitute Party. Elizabeth Vining added. Robert Vining terminated. Signed by Magistrate Judge E. Clifton Knowles on 12/16/10. (dt)
December 14, 2010 Opinion or Order Filing 203 ORDER: Upon advise of counsel that the objections to the Magistrate Order, 190 , have been settled, the objections, 191 , are moot. Signed by Senior Judge Thomas Wiseman on 12/14/10. (dt)
November 5, 2010 Opinion or Order Filing 201 ORDER denying 199 Motion to Renew Its Prior Motion for Leave to File Third Amended Complaint. Signed by Senior Judge Thomas Wiseman on 11/5/10. (dt)
September 24, 2010 Opinion or Order Filing 182 ORDER: Motion to Seal Document 170 is Denied as moot. Signed by Senior Judge Thomas Wiseman on 9/24/10. (dt)
September 3, 2010 Opinion or Order Filing 173 ORDER granting 171 Motion for Leave to File Reply Brief. Signed by Magistrate Judge E. Clifton Knowles on 9/3/10. (dt)
August 23, 2010 Opinion or Order Filing 161 ORDER granting 154 Motion for Leave to File Reply Brief. Signed by Magistrate Judge E. Clifton Knowles on 8/23/10. (dt)
July 28, 2010 Opinion or Order Filing 149 ORDER: This matter is before the Court upon "Defendants' Emergency Motion for Sanctions, Contempt, and to Preclude the Plaintiff from Improperly Instructing Defendants Not to Answer Questions" 144 . Plaintiff has filed a Response to t he Motion 145 , and with leave of Court 147 , Defendants have filed a Reply 148 . Telephone Conference held on 7/28/10. As the Court noted during the conference call, however, nothing in the referenced Order is, or was intended to be, "a limi tation ordered by the court." The referenced Order merely sets deadlines for the filing of Plaintiffs expert report(s) (November 15, 2010) and for the completion of Plaintiffs expert depositions (December 15, 2010). Plaintiff is free to designa te experts at any time on or before November 15, 2010. As the Court explained to counsel for Plaintiff nothing in the Order limits expert discovery to only the period of time between the disclosure of the expert reports and the completion of the expe rt depositions. For the foregoing reasons and those discussed during the referenced conference call, Plaintiff cannot appropriately instruct a deponent not to answer a deposition question, under the circumstances presented, pursuant to Rule 30(c)(2). The portion of the instant Motion regarding sanctions and contempt is taken under advisement. Signed by Magistrate Judge E. Clifton Knowles on 7/28/10. (dt)
June 16, 2010 Opinion or Order Filing 138 ORDER: Defendants' Emergency Motion to Preclude the Plaintiff from Improperly Instructing Deponents Not to Answer Questions 136 is Granted, and Plaintiff shall not improperly instruct deponents not to answer questions for reasons other than those contained in Fed. R. Civ. P. 30(c)(2). Signed by Magistrate Judge E. Clifton Knowles on 6/16/10. (dt)
June 7, 2010 Opinion or Order Filing 134 ORDER denying 125 Motion To Request Earlier Action on Motion. Signed by Magistrate Judge E. Clifton Knowles on 6/7/10. (dt)
May 11, 2010 Opinion or Order Filing 122 ORDER granting 120 Motion to Ascertain Status of Joint Motion for Entry of Confidentiality and Protective Order. A revised Protective Order has been entered. Signed by Magistrate Judge E. Clifton Knowles on 5/11/10. (dt)
February 17, 2010 Opinion or Order Filing 111 MEMORANDUM OPINION. Signed by Senior Judge Thomas Wiseman on 2/17/10. (dt)
October 13, 2009 Opinion or Order Filing 86 ORDER: For the reasons explained in the accompanying Memorandum Opinion, the motions filed by James W. Carell and CareAll, Inc. and the James W. Carell Family Trust 74 and 78 are hereby DENIED IN PART AND DEFERRED IN PART; while the Court will DE FER ruling on the remaining motions 67 , 70 , 76 in their entirety pending the Government's filing of a Second Amended Complaint. The Government is hereby directed to file its Second Amended Complaint no later than Tuesday, 10/27/2009. Signed by Senior Judge Thomas Wiseman on 10/13/09. (dt)
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Search for this case: United States of America v. Carell et al
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Plaintiff: United States of America
Represented By: Edward M. Yarbrough
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Defendant: James W. Carell
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Defendant: Robert Vining
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Defendant: Diversified Health Management, Inc.
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Defendant: The James W. Carell Family Trust
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Defendant: Careall, Inc.
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Defendant: VIP Home Nursing and Rehabilitation Services, LLC
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Defendant: Professional Home Health Care, LLC
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Defendant: University Home Health, LLC
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