Huey v. Summit Healthcare Association, Inc., et al
| Stephen Huey |
| Summit Healthcare Association Incorporated an Arizona non-profit corporation doing business as Summit Healthcare Regional Medical Center, Brim Healthcare Incorporated, Kevin Hawk and Unknown Hawk |
| United States of America |
| 3:2010cv08003 |
| January 6, 2010 |
| US District Court for the District of Arizona |
| Prescott Division Office |
| Navajo |
| Frederick J Martone |
| Other Statutes: Other Statutory Actions |
| 31 U.S.C. § 3729 |
| Plaintiff |
Docket Report
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Filing 150
ORDER pursuant to the parties' settlement agreement (doc. 147, ex. A), as modified, IT IS ORDERED DISMISSING this action with prejudice. All pending motions are now moot. Signed by Judge Frederick J Martone on 12/13/2011. (KMG)
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| Filing 149 RESPONSE re #147 Objection by Defendant Summit Healthcare Association Incorporated. (Feeley, Timothy) |
| Filing 148 RESPONSE re #147 Objection to Settlement Agreement by Plaintiff Stephen Huey. (Schleier, Tod) |
| Filing 147 OBJECTION TO SETTLEMENT AGREEMENT by Movant United States of America. (Attachments: #1 Exhibit Exhibit A)(Bullis, Paul) |
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Filing 146
ORDER re #145 Notice of Settlement filed by Stephen Huey: ORDERED that the United States will file any objection to the settlement no later than December 9, 2011, and relator and defendant will file any response no later than December 12, 2011. The United States' reply is due on or before December 15, 2011. See order for full details. Signed by Judge Frederick J Martone on 12/2/11. (SJF)
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| Filing 145 NOTICE of Settlement by Stephen Huey (Adams, Ashley) |
| Filing 144 REPLY to Response to Motion re #113 MOTION for Partial Summary Judgment of Count I of the First Amended Complaint, Measure of Damages and Mitigation of Damages filed by Stephen Huey. (Adams, Ashley) |
| Filing 143 REPLY to Response to Motion re #118 MOTION for Summary Judgment and Memorandum in Support Thereof, Oral Argument Requested filed by Summit Healthcare Association Incorporated. (Honig, David) |
| Filing 142 SEALED Controverting and Supplemental Statement re #113 filed by Summit Healthcare Association Incorporated. (Attachments: #1 Exhibit 1-1, #2 Exhibit 1-2, #3 Exhibit 2)(MAP) |
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Filing 141
ORDER granting #136 Motion to Seal. ORDERED The Clerk of Court is directed to file Defendant's Separate Controverting and Supplemental Statement of Facts in Opposition to Plaintiff's Motion for Partial Summary Judgment and Exhibits under seal. Signed by Judge Frederick J Martone on 10/7/11.(MAP)
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| Filing 140 SEALED RESPONSE re #119 Sealed Statement filed by Stephen Huey. (Attachments: #1 Exhibit 37 - 40, #2 Exhibit 41 - 46)(MAP) |
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Filing 139
ORDER granting #133 Motion to Seal. ORDERED That Plaintiff's Response to Summit Healthcare Association's Local Rule 56.1 Statement of Facts and Plaintiff's Separate Statement of Facts shall be filed under seal. Signed by Judge Frederick J Martone on 10/7/11.(MAP)
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| Filing 138 SEALED LODGED Proposed Defendant's Separate Controverting and Supplemental Statement of Facts in Opposition to Plaintiff's Motion for Partial Summary Judgment re: #136 MOTION to Seal Document Defendant's Separate Controverting and Supplemental Statement of Facts In Opposition to Plaintiff's Motion for Partial Summary Judgment and accompanying Exhibits. Document to be filed by Clerk if Motion to Seal is granted. Filed by Summit Healthcare Association Incorporated. (Attachments: #1 Exhibit 1, pt. 1 - Affidavit of Timothy W. Feeley and Exs. A-H, #2 Exhibit 1, pt. 2 - Affidavit of Timothy W. Feeley Exs. I-M, #3 Exhibit 2 - Affidavit of Sharon Preston; Exhibit 3 - Affidavit of Julene Muder; and Exhibit 4 - Affidavit of David B. Honig)(Feeley, Timothy) |
| Filing 137 *LODGED Proposed Defendant's Separate Controverting and Supplemental Statement of Facts in Opposition to Plaintiff's Motion for Partial Summary Judgment re: #136 MOTION to Seal Document Defendant's Separate Controverting and Supplemental Statement of Facts In Opposition to Plaintiff's Motion for Partial Summary Judgment and accompanying Exhibits. Document to be filed by Clerk if Motion to Seal is granted. Filed by Summit Healthcare Association Incorporated. (Attachments: #1 Exhibit Exhibit 1, pt. 1 - Affidavit of Timothy W. Feeley and Exs. A-H, #2 Exhibit Exhibit 1, pt. 2 - Affidavit of Timothy W. Feeley Exs. I-M, #3 Exhibit Exhibit 2 - Affidavit of Sharon Preston; Exhibit 3 - Affidavit of Julene Muder; and Exhibit 4 - Affidavit of David B. Honig)(Feeley, Timothy) *Modified event from public to sealed; attorney refiled at #138 on 9/29/2011 (JHER). |
| Filing 136 MOTION to Seal Document Defendant's Separate Controverting and Supplemental Statement of Facts In Opposition to Plaintiff's Motion for Partial Summary Judgment and accompanying Exhibits by Summit Healthcare Association Incorporated. (Attachments: #1 Text of Proposed Order)(Feeley, Timothy) |
| Filing 135 RESPONSE to Motion re #113 MOTION for Partial Summary Judgment of Count I of the First Amended Complaint, Measure of Damages and Mitigation of Damages filed by Summit Healthcare Association Incorporated. (Feeley, Timothy) |
| Filing 134 SEALED LODGED Proposed Plaintiff's Response to Summit Healthcare Associations Local Rule 56.1 Statement of Facts and Plaintiff's Separate Statement of Facts re: #133 MOTION to Seal Document Plaintiff's Response to Summit Healthcare Associations Local Rule 56.1 Statement of Facts and Plaintiff's Separate Statement of Facts. Document to be filed by Clerk if Motion to Seal is granted. Filed by Stephen Huey. (Attachments: #1 Exhibit 37-40, #2 Exhibit 41-46)(Schleier, Tod) |
| Filing 133 MOTION to Seal Document Plaintiff's Response to Summit Healthcare Associations Local Rule 56.1 Statement of Facts and Plaintiff's Separate Statement of Facts by Stephen Huey. (Attachments: #1 Text of Proposed Order)(Schleier, Tod) |
| Filing 132 RESPONSE to Motion re #118 MOTION for Summary Judgment and Memorandum in Support Thereof, Oral Argument Requested filed by Stephen Huey. (Schleier, Tod) |
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Filing 131
ORDER pursuant to the parties #117 Stipulation: Pursuant to Fed.R.Civ.Pro. 41(a)(1)(A)(ii), Counts II, IV, VI, VII, VIII, and IX, are dismissed without prejudice, each party to bear their own attorney's fees and costs. With respect to Counts I and III, any claims related to Observation, Emergency Department Upcoding, the Heart Center of Arizona and Stephen Mehta, M.D., and any other claims related to federal programs, with the exception of Medicare and Medicare Advantage, as alleged in the First Amended Complaint, are also herby dismissed without prejudice, each party to bear their own attorney's fees and costs.. Signed by Judge Frederick J Martone on 9/12/2011. (KMG)
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| Filing 130 Sealed Exhibits re #114 filed by Stephen Huey. (MAP) |
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Filing 129
ORDER granting #115 Motion to Seal. ORDERED The Clerk of Court is directed to file the lodged Exhibits under seal. Signed by Judge Frederick J Martone on 9/12/11. (cc: All Cnsl) (MAP)
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| Filing 128 NOTICE of Deposition of Thomas McCarter, M.D., filed by Stephen Huey. (Schleier, Tod) |
| Filing 127 NOTICE of Deposition of Denise Nachodsky, M.D., filed by Stephen Huey. (Schleier, Tod) |
| Filing 126 *WITHDRAWAL OF DOCUMENT re #121 MOTION to Strike #101 Notice (Other) Plaintiff's Untimely Disclosure of Plaintiff's Experts Philip Johnson, M.D. and Marilyn Hall and Memorandum in Support Thereof by Summit Healthcare Association Incorporated. (Attachments: #1 Text of Proposed Order)(Feeley, Timothy) *Modified on 9/12/2011 to correct event "Withdrawal of Document" and Motion at doc. 121 is termed.* (KMG). |
| Filing 125 NOTICE re Service of Plaintiff's Third Supplemental Expert Report Disclosure by Stephen Huey. (Schleier, Tod) |
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Filing 124
ORDER that the parties' Joint Stipulated Emergency Motion for Extension of Time (doc. 120) is GRANTED. The deadline for discovery to be completed is September 15, 2011. This extension will not affect the remaining dates in the Rule 16 scheduling order. Signed by Judge Frederick J Martone on 8/30/2011.(KMG)
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| Filing 123 NOTICE re Service of Plaintiff's Response to Defendant Summit Healthcare Association, Inc. dba Summit Healthcare Regional Medical Center's Request for Production of Documents by Stephen Huey. (Schleier, Tod) |
| Filing 122 NOTICE re Service of Plaintiff's Answers to Defendant Summit Healthcare Association, Inc. dba Summit Healthcare Regional Medical Center's Interrogatories by Stephen Huey. (Schleier, Tod) |
| Filing 121 WITHDRAWN by Doc.#126... MOTION to Strike #101 Notice (Other) Plaintiff's Untimely Disclosure of Plaintiff's Experts Philip Johnson, M.D. and Marilyn Hall and Memorandum in Support Thereof by Summit Healthcare Association Incorporated. (Feeley, Timothy) Modified on 9/12/2011 (KMG). |
| Filing 120 Joint MOTION for Extension of Time to Complete Discovery by Summit Healthcare Association Incorporated. (Attachments: #1 Text of Proposed Order Proposed Order Granting Parties Joint Stipulated Emergency Motion for Extension of Time)(Honig, David) |
| Filing 119 *SEALED Statement of Facts in Support of #118 Motion for Summary Judgment. Filed by Summit Healthcare Association Incorporated. (Attachments: #1 Exhibit A: Affidavit of Timothy W. Feeley, #2 Exhibit B, pt. 1 - Affidavit of David B. Honig, #3 Exhibit B, pt. 2 - Affidavit of David B. Honig, #4 Exhibit B, pt. 3 - Affidavit of David B. Honig, #5 Exhibit C - Affidavit of Denise M. Nachodsky, M.D., #6 Exhibit D - Christina M. Melnykovych, #7 Exhibit E - Affidavit of Thomas G. McCarter, Jr., M.D., #8 Exhibit F - HHS-OIG 2001 Red Book)(Honig, David) *Modified on 8/29/2011 to Change from Lodge Proposed to Filed (MAP)*. |
| Filing 118 MOTION for Summary Judgment and Memorandum in Support Thereof, Oral Argument Requested by Summit Healthcare Association Incorporated. (Honig, David) |
| Filing 117 STIPULATION to Dismiss Counts II, IV, VI, VII, VIII, and IX without prejudice of Plaintiff Stephen Huey and Defendant Summit Healthcare Association, Inc. dba Summit Healthcare Regional Medical Center by Stephen Huey. (Attachments: #1 Text of Proposed Order)(Schleier, Tod) Modified on 8/29/2011 to add text. (KMG). |
| Filing 116 SEALED LODGED Proposed Exhibits 35 and 36 re: #115 MOTION to Seal Document. Document to be filed by Clerk if Motion to Seal is granted. Filed by Stephen Huey. (Attachments: #1 Exhibit 35, #2 Exhibit 36)(Schleier, Tod) |
| Filing 115 MOTION to Seal Document by Stephen Huey. (Attachments: #1 Text of Proposed Order)(Schleier, Tod) |
| Filing 114 STATEMENT of Separate Statement of Facts in Support of Motion for Partial Summary Judgment of Count 1 of the First Amended Complaint, Measure of Damages and Mitigation of Damages re #113 MOTION for Partial Summary Judgment of Count I of the First Amended Complaint, Measure of Damages and Mitigation of Damages by Plaintiff Stephen Huey. (Attachments: #1 Exhibit 1-6, #2 Exhibit 7-16, #3 Exhibit 17-36)(Schleier, Tod) |
| Filing 113 MOTION for Partial Summary Judgment of Count I of the First Amended Complaint, Measure of Damages and Mitigation of Damages by Stephen Huey. (Attachments: #1 Exhibit 1-3)(Schleier, Tod) |
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Filing 112
ORDER granting #111 Motion to Seal. ORDERED that Defendant's shall file its Statement of Facts and Exhibits Under Seal. Signed by Judge Frederick J Martone on 8/25/11.(MAP)
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| Filing 111 *MOTION for Leave to File Documents Under Seal with proposed Order. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Summit Healthcare Association Incorporated. (Attachments: #1 Text of Proposed Order)(Feeley, Timothy) *Modified on 8/26/2011 to Change from Lodged to Motion (MAP)*. |
| Filing 110 NOTICE re of Discovery by Summit Healthcare Association Incorporated. (Feeley, Timothy) |
| Filing 109 NOTICE of Deposition of Thomas McCarter, M.D., filed by Stephen Huey. (Schleier, Tod) |
| Filing 108 NOTICE of Deposition of Denise Nachodsky, M.D., filed by Stephen Huey. (Schleier, Tod) |
| Filing 107 NOTICE re of Service of Rebuttal Expert Reports by Summit Healthcare Association Incorporated. (Honig, David) |
| Filing 106 NOTICE of Deposition of Stephen Huey, filed by Summit Healthcare Association Incorporated. (Feeley, Timothy) |
| Filing 105 NOTICE re Service of Plaintiff's Second Supplemental Expert Report Disclosure and Rebuttal Expert Report Disclosure by Stephen Huey. (Schleier, Tod) |
| Filing 104 NOTICE of Deposition of Travis Merrell, filed by Stephen Huey. (Schleier, Tod) |
| Filing 103 NOTICE of Deposition of Paul Watson, filed by Stephen Huey. (Schleier, Tod) |
| Filing 102 NOTICE re Notice of Service of Rule 26(a)(3) Disclosures by Summit Healthcare Association Incorporated dba Summit Healthcare Regional Medical Center. (Feeley, Timothy) Modified on 8/1/2011 to include text. (KMG). |
| Filing 101 NOTICE re Service of Plaintiff's Rule 26(a)(3) Disclosure Statement by Stephen Huey. (Schleier, Tod) |
| Filing 100 NOTICE of Deposition of Scott Steiner, filed by Stephen Huey. (Schleier, Tod) |
| Filing 99 NOTICE of Deposition of Tina Lee Pelton, filed by Stephen Huey. (Schleier, Tod) |
| Filing 98 NOTICE of Deposition of Christina Melnykovych, filed by Stephen Huey. (Schleier, Tod) |
| Filing 97 NOTICE re Notice of Discovery for Interrogatories by Summit Healthcare Association Incorporated dba Summit Healthcare Regional Medical Center. (Feeley, Timothy) |
| Filing 96 NOTICE re of Discovery Served by Defendant by Summit Healthcare Association Incorporated dba Summit Healthcare Regional Medical Center. (Feeley, Timothy) |
| Filing 95 NOTICE of Deposition of Custodian of Records, AR Systems, Inc., filed by Stephen Huey. (Schleier, Tod) |
| Filing 94 NOTICE of Deposition of Dr. Eric Johnson, filed by Summit Healthcare Association Incorporated. (Honig, David) |
| Filing 93 NOTICE of Deposition of Kenneth E. Hooper, CPA, filed by Summit Healthcare Association Incorporated. (Honig, David) |
| Filing 92 NOTICE re Service of Plaintiff's Second Request for Production of Documents to Defendant Summit Healtchare by Stephen Huey. (Schleier, Tod) |
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Filing 91
ORDER GRANTING the parties' joint motion for extension of time (doc. 90). Defendant Summit will provide its rebuttal expert report on or before August 12, 2011. The dispositive motions will be filed on or before August 26, 2011. These extensions will not affect the remaining dates in the Rule 16 scheduling order. Signed by Judge Frederick J Martone on 7/18/2011. (KMG)
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| Filing 90 Joint MOTION for Extension of Time for Rebuttal Expert Report and Dispositive Motion Deadline by Stephen Huey. (Attachments: #1 Text of Proposed Order)(Schleier, Tod) |
| Filing 89 NOTICE re Expert Disclosures by Summit Healthcare Association Incorporated d/b/a Summit Healthcare Regional Medical Center. (Feeley, Timothy) |
| Filing 88 NOTICE re Service of Plaintiff's First Supplemental Expert Report Disclosure by Stephen Huey. (Schleier, Tod) |
| Filing 87 NOTICE of Deposition of Carolyn St. Charles, filed by Stephen Huey. (Schleier, Tod) |
| Filing 86 NOTICE of Deposition of John McCormick, filed by Stephen Huey. (Schleier, Tod) |
| Filing 85 NOTICE of Deposition of Kevin Hawk, filed by Stephen Huey. (Schleier, Tod) |
| Filing 84 NOTICE re Notice of Amended Rule 26(a)(1)(A) Initial Disclosures of Defendant Summit Healthcare Association, Inc. dba Summit Healthcare Regional Medical Center by Summit Healthcare Association Incorporated. (Feeley, Timothy) |
| Filing 83 NOTICE of Deposition of Julene Muder, filed by Stephen Huey. (Schleier, Tod) |
| Filing 82 NOTICE of Deposition of Laurie Howe, filed by Stephen Huey. (Schleier, Tod) |
| Filing 81 NOTICE of Deposition of Laura Nicks, filed by Stephen Huey. (Schleier, Tod) |
| Filing 80 NOTICE of Deposition of Marian Howe, filed by Stephen Huey. (Schleier, Tod) |
| Filing 79 NOTICE of Deposition of Ken Allen, filed by Stephen Huey. (Schleier, Tod) |
| Filing 78 NOTICE of Deposition of Bridget Holland, filed by Stephen Huey. (Schleier, Tod) |
| Filing 77 NOTICE of Deposition of Robin Conklin, filed by Stephen Huey. (Schleier, Tod) |
| Filing 76 NOTICE re Service of Plaintiff's Expert Disclosure by Stephen Huey. (Schleier, Tod) |
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Filing 75
ORDER AMENDING PROTECTIVE ORDER: #74 Joint MOTION for Protective Order - Based on the stipulation of the parties, the Court hereby amends the Protective Order to include the following as the ORDER of this Court: 13. NON-PARTIES: This Order shall also apply to documents produced by non-parties to this litigation. Signed by Judge Frederick J Martone on 5/5/11. (KMG)
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| Filing 74 Joint MOTION for Protective Order Amended by Stephen Huey. (Attachments: #1 Text of Proposed Order)(Adams, Ashley) |
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Filing 73
ORDER pursuant to the #72 Stipulation for PROTECTIVE ORDER: Accordingly, paragraph 10 of the Stipulation is disapproved and replaced by the following substitute paragraph 10. "No document may be filed under seal without first seeking and obtaining an order from the court allowing it pursuant to the provisions of LRCiv 5.6." The Stipulation, as amended, is approved. Signed by Judge Frederick J Martone on 5/3/11. (KMG)
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| Filing 72 STIPULATION For Protective Order for Confidentiality of Information by Summit Healthcare Association Incorporated. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Feeley, Timothy) |
| Filing 71 NOTICE re Service by Summit Healthcare Association Incorporated of Response to Amended First Request for Production of Documents. (Honig, David) |
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Filing 70
ORDER granting #68 Stipulation of Dismissal: IT IS FURTHER ORDERED that all of Plaintiff's claims as against Defendants Brim Healthcare, Inc. (now known as HealthTech Management Services, Inc.) and Kevin and Jane Doe Hawk, only, are DISMISSED WITH PREJUDICE, each party to bear its own costs, expenses and attorneys' fees. This action proceeds against remaining defendant. Signed by Judge Frederick J Martone on 4/18/11. (LAD)
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| Filing 69 NOTICE of Deposition of Custodian of Records, BRIM, filed by Stephen Huey. (Schleier, Tod) |
| Filing 68 *STIPULATION of Dismissal with Prejudice by Stephen Huey (Attachments: #1 Text of Proposed Order Proposed Order)(Hammond, Larry) *Modified on 4/15/2011 to correct filer.* (KMG). |
| Filing 67 NOTICE re Service of Plaintiff's Amended First Request for Production of Documents to Defendant Summit Healthcare by Stephen Huey. (Schleier, Tod) |
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Filing 66
ORDER - further amending paragraph 4 of the Rule 16 Order such that plaintiff's expert disclosures are due June 6, 2011, defendant's are due July 6, 2011, and any rebuttal expert disclosures are due August 1, 2011. All the remaining dates in the order are affirmed, including the August 1, 2011 supplementation date in paragraph 5, the September 1, 2011 discovery cutoff date in paragraph 6, and the August 5, 2011 dispositive motion cutoff in paragraph 10. Under the terms of the foregoing, it is ORDERED GRANTING in part and DENYING in part plaintiff's Motion to Modify Scheduling Order. (Doc. 61). Signed by Judge Frederick J Martone on 4/1/11.(KMG)
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| Filing 65 Defendant Summit Healthcare Association, Inc. dba Summit Healthcare Regional Medical Center's Answer to First Amended Complaint ANSWER to #8 Amended Complaint by Summit Healthcare Association Incorporated.(Feeley, Timothy) Modified on 3/18/2011 Document is not in compliance with LRCiv 7.1(c) - text searchability. Attorney noticed. (KMG). |
| Filing 64 NOTICE re Service of Plaintiff's First Request for Production of Documents to Defendant Summit Healthcare by Stephen Huey. (Schleier, Tod) |
| Filing 63 NOTICE re Notice of Rule 26(a)(1)(A) Initial Disclosures of Defendant Summit Healthcare Association, Inc. dba Summit Healthcare Regional Medical Center by Summit Healthcare Association Incorporated. (Feeley, Timothy) |
| Filing 62 NOTICE re Service of Relator Stephen Huey's Rule 26 Initial Disclosure Statement by Stephen Huey. (Schleier, Tod) |
| Filing 61 MOTION to Modify Scheduling Order by Stephen Huey. (Attachments: #1 Text of Proposed Order)(Schleier, Tod) |
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Filing 60
ORDER - IT IS THEREFORE ORDERED GRANTING Brim Healthcare, Inc.'s motion todismiss (doc. 28). IT IS FURTHER ORDERED GRANTING Kevin and Jane Doe Hawk's motion to dismiss (doc. 29). IT IS FURTHER ORDERED GRANTING IN PART and DENYING IN PART Summit Healthcare Association, Inc.'s motion to dismiss (doc. 37). It is granted on the False Claims Act claim based on Medicare Conditions of Participation and the Medicare anti-kickback statute, the Medicare anti-kickback statute claim, and the conspiracy claims. It is otherwise denied.IT IS FURTHER ORDERED that the Rule 16 Scheduling Order (doc. 57) is amended as set forth above. (See document for details). Signed by Judge Frederick J Martone on 3/2/11.(LAD)
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Filing 59
ORDER - AMENDING the Rule 16 Scheduling Order (doc. 57) such that the initial disclosure and motion to amend deadlines shall be 10 days and 40 days after the date we decide the pending motions to dismiss. Signed by Judge Frederick J Martone on 11/29/10. (KMG)
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| Filing 58 Reply re #55 Statement of Interest on Defendants' Motion to Dismiss by Defendant Summit Healthcare Association Incorporated. (Honig, David) |
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Filing 57
RULE 16 SCHEDULING ORDER: Discovery due by 7/5/2011. Dispositive motions due by 8/5/2011. Proposed Pretrial Order due by 12/30/2011. Final Pretrial Conference set for 1/6/2012 at 3:00 PM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Frederick J Martone. Jury Trial set for 1/17/2012 at 9:00 AM in U.S. Post Office Building, 101 W. Goodwin St, Prescott, AZ 86303 before Judge Frederick J Martone. Signed by Judge Frederick J Martone on 10/29/2010. (KAR)
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| Filing 56 Minute Entry for proceedings held before Judge Frederick J Martone: Scheduling Conference held on 10/29/2010. Appearances: Ashley Adams and Tod Schleier, counsel for Relator; David Honig (by phone), Robert Salcido (by phone), David Rosenbaum for Larry Hammond, and Laurence Freedman (by phone) for Defendants. Also present: Brenda Phillips, in-house counsel for Brim Healthcare. Case management plan as set forth on the record. Rule 16 Scheduling Order to follow. The court will only allow the United States to participate as a party in the future under the statute, if at all, pursuant to the Rule 16 Scheduling Order, so that any late entry by the government itself would not result in any change to the Rule 16 Scheduling Order. The parties may file a brief in response to the government's Statement of Interest, not to exceed ten pages, no later than 11/8/2010. (Court Reporter Linda Schroeder.)(This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)(KAR) |
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Filing 54
ORDER granting #51 United States' Motion for Leave to File Statement of Interest on Defendants' Motions to Dismiss. The Clerk is directed to file the United States' Statement of Interest on Defendants' Motions to Dismiss, lodged on October 18, 2010, which shall be deemed filed as of that date. Signed by Judge Frederick J Martone on 10/22/10.(LSP)
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| Filing 53 REPORT of Rule 26(f) Planning Meeting by Stephen Huey. (Schleier, Tod) |
| Filing 55 STATEMENT of of Interest re #37 MOTION to Dismiss Case and Memorandum in Support Thereof, #28 MOTION to Dismiss Case and #29 MOTION to Dismiss Case by Movant United States of America. (LSP) |
| Filing 52 LODGED Proposed Statement of Interest on Defendants' Motions to Dismiss re: #51 MOTION for Leave to File Statement of Interest on Defendants' Motions to Dismiss. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by United States of America. (Bullis, Paul) |
| Filing 51 MOTION for Leave to File Statement of Interest on Defendants' Motions to Dismiss by United States of America. (Attachments: #1 Text of Proposed Order)(Bullis, Paul) |
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Filing 50
ORDER granting #48 Motion to Amend/Correct - that discovery and disclosures in this case are stayed until 10 days after (a) the relator files a second amended complaint that complies with Rule 9(b) and states a claim upon which relief may be granted, or (b) the Court denies defendants' Motions to Dismiss, or (c) until further order of this court. The remaining items addressed in the Order shall be completed on schedule (doc. 48). Signed by Judge Frederick J Martone on 10/14/10.(KMG)
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| Filing 49 Corporate Disclosure Statement by Brim Healthcare Incorporated. (Cleary, Kelly) |
| Filing 48 MOTION to Modify 8/24/10 Order, re: Exchange of Initial Disclosures by Brim Healthcare, Inc., Kevin Hawk, Unknown Hawk, Summit Healthcare Association, Inc.. (Attachments: #1 Text of Proposed Order)(Cleary, Kelly) Modified on 10/5/2010 CORRECTED to correct motion event (REW). |
| Filing 47 REPLY in Support of Motion re #37 MOTION to Dismiss Case and Memorandum in Support Thereof filed by Summit Healthcare Association, Inc.. (Attachments: #1 Exhibit Attachment, #2 Exhibit Attachment Improper Medicare Fee-for Service Payments Report)(Feeley, Timothy) Modified on 9/28/2010 CORRECTION: To Correct Event. Document is not in compliance with LRCiv 7.1(c) - text searchability. (KMG). |
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Filing 46
ORDER granting #44 Motion for Leave to File Excess Pages - permitting Relator, Stephen Huey, to exceed the page limitation in his Response to Summit's Motion to Dismiss by one page. Signed by Judge Frederick J Martone on 9/17/10.(KMG)
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| Filing 45 RESPONSE to Motion re #37 MOTION to Dismiss Case and Memorandum in Support Thereof filed by Stephen Huey. (Attachments: #1 Exhibit Exhibit Index, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5)(Adams, Ashley) Modified on 9/20/2010 CORRECTION: To Correct Event and remove text. Also, document is not in compliance with LRCiv 7.1(c) - text searchability. Attorney noticed.(KMG). |
| Filing 44 MOTION for Leave to File Excess Pages for Relator's Response to Summit's Motion to Dismiss by Stephen Huey. (Attachments: #1 Text of Proposed Order Proposed Order)(Adams, Ashley) Modified on 9/20/2010 CORRECTION: Document is not in compliance with LRCiv 7.1(c) - text searchability. Attorney noticed. (KMG). |
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Filing 43
ORDER pursuant to General Order 05-25 granting #42 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 42 MOTION for Admission Pro Hac Vice as to attorney Kelly M Cleary on behalf of Brim Healthcare, Inc. (BAS) |
| PRO HAC VICE FEE PAID. $ 50, receipt number PHX101124 as to Kelly M Cleary. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 41 NOTICE of Attorney Substitution by Paul Arthur Bullis (Bullis, Paul) |
| Filing 40 REPLY to Response to Motion re #29 MOTION to Dismiss Case filed by Kevin Hawk, Unknown Hawk. (Freedman, Laurence) |
| Filing 39 REPLY to Response to Motion re #28 MOTION to Dismiss Case filed by Brim Healthcare, Inc.. (Attachments: #1 Exhibit Index; Excerpt from Consulting Report for Summit Healthcare Reg'l Med. Ctr.)(Salcido, Robert) |
| Filing 38 Corporate Disclosure Statement by Summit Healthcare Association, Inc.. (Honig, David) |
| Filing 37 MOTION to Dismiss Case and Memorandum in Support Thereof by Summit Healthcare Association, Inc.. (Attachments: #1 Exhibit 1: Inpatient Prospective Payment System Hospital and Long Term Care Hospital Review and Measurement Fact Sheet; 2: PEPPER User's Guide, 4th Ed.; 3: Medicare Benefit Policy Manual, Chapter 1, Section 10; 4: 70 Fed. Reg 68515, 68698 (11/10/05); 5: InterQual Level of Care Criteria; 6: 72 Fed. Reg. 66579, 66805 (11/27/07); 7: Modifier - 59 Article)(Honig, David) |
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Filing 36
ORDER pursuant to General Order 05-25 granting #35 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 35 MOTION for Admission Pro Hac Vice as to attorney Laurence J Freedman on behalf of Kevin Hawk, and Unknown Hawk. (BAS) |
| PRO HAC VICE FEE PAID. $ 50, receipt number PHX100651 as to Laurence J Freedman. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 34 RESPONSE to Motion re #29 MOTION to Dismiss Case filed by Stephen Huey. (Schleier, Tod) |
| Filing 33 RESPONSE to Motion re #28 MOTION to Dismiss Case filed by Stephen Huey. (Schleier, Tod) |
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Filing 32
ORDER - Scheduling Conference set for 10/29/2010 at 2:30 PM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Frederick J Martone. Parties shall submit their joint proposed case management plan not less than five days before the conference. Signed by Judge Frederick J Martone on 8/24/2010. (KAR)
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Filing 31
ORDER pursuant to General Order 05-25 granting #30 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 30 MOTION for Admission Pro Hac Vice as to attorney David Honig on behalf of Summit Healthcare Association, Inc. (BAS) |
| PRO HAC VICE FEE PAID. $ 50, receipt number PHX100218 as to David Honig. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 29 MOTION to Dismiss Case by Kevin Hawk, Unknown Hawk. (Hammond, Larry) |
| Filing 28 MOTION to Dismiss Case by Brim Healthcare, Inc.. (Salcido, Robert) |
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Filing 27
ORDER pursuant to General Order 05-25 granting #26 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 26 MOTION for Admission Pro Hac Vice as to attorney Timothy W Feeley on behalf of Summit Healthcare Association, Inc. (BAS) |
| PRO HAC VICE FEE PAID. $ 50, receipt number PHX099936 as to Timothy W Feeley. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 25
ORDER denying the #24 Stipulation For Extension of Time To Answer Complaint to October 11, 2010. Instead, we shall extend the responsive pleading deadline to and including August 31, 2010. Signed by Judge Frederick J Martone on 8/5/10. (KMG)
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| Filing 24 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT for Defendant Summit Healthcare Association, Inc. by Stephen Huey. (Attachments: #1 Text of Proposed Order)(Schleier, Tod) |
| Filing 23 SUMMONS Returned Executed by Stephen Huey. Summit Healthcare Association, Inc. served on 7/20/2010. (Schleier, Tod) |
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Filing 22
ORDER pursuant to General Order 05-25 granting #21 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 21 MOTION for Admission Pro Hac Vice as to attorney Robert Salcido on behalf of Brim Healthcare, Inc. (BAS) |
| PRO HAC VICE FEE PAID. $ 50, receipt number PHX099556 as to Robert Salcido. (BAS) |
| Filing 20 SUMMONS Returned Executed by Stephen Huey. Kevin Hawk served on 7/19/2010; Unknown Hawk served on 7/19/2010. (Schleier, Tod) |
| Filing 19 SUMMONS Returned Executed by Stephen Huey. Brim Healthcare, Inc. served on 7/19/2010. (Schleier, Tod) |
| Filing 18 Summons Issued as to Brim Healthcare, Inc., Kevin Hawk, Unknown Hawk (Jane Doe Hawk), and Summit Healthcare Association, Inc. (Attachments: #1 Summons - Brim Healthcare, Inc., #2 Summons - Kevin Hawk, #3 Summons - Unknown Hawk (Jane Doe Hawk))(HLA)*** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 17 SUMMONS Submitted by Stephen Huey (Schleier, Tod) |
| Filing 16 SUMMONS Submitted by Stephen Huey (Schleier, Tod) |
| Filing 15 SUMMONS Submitted by Stephen Huey (Schleier, Tod) |
| Filing 14 SUMMONS Submitted by Stephen Huey (Schleier, Tod) |
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Filing 13
ORDER; except for docs 5, 6, 7 and 10, the case is unsealed and the amended complaint is to be served upon defendants by the relator; the parties shall serve all pleadings and motions filed in this action upon the United States; the United States may order deposition transcripts and is entitled to move to intervene in this action; the parties shall serve all notices of appeal upon the United States; all orders of this Court will be sent to the United States; and that should the relator or defendants propose that this action be dismissed, settled, or otherwise discontinued, the parties and the Court will provide the United States with notice and an opportunity to be heard before ruling or granting its approval (see order for further details). Signed by Judge Frederick J Martone on 7/8/10. (REW)
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| Filing 12 Sealed Notice filed by United States of America. (MAP) |
| Filing 11 SEALED SUMMONS Returned Executed by Stephen Huey. (MAP) |
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Filing 10
SEALED ORDER denying #7 Sealed Ex Parte Motion. Signed by Judge Frederick J Martone on 5/21/10. (cc: AUSA/Pla's Cnsl) (MAP)
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| Filing 9 SEALED SUMMONS Returned Executed. (MAP) |
| Filing 7 EX PARTE SEALED MOTION by United States of America. (LAD) |
| Filing 8 SEALED 1ST AMENDED COMPLAINT filed by Stephen Huey.(LAD) |
| Filing 4 SEALED SUMMONS Returned Executed by Stephen Huey. (MAP) |
| Filing 3 SUMMONS Returned Executed upon Arizona US Attorney (upon Laree Zickefoose, Asst) on 1/6/10 by Stephen Huey. (MAP) |
| Filing 2 SEALED NOTICE (cc: Pla's Cnsl) (MAP) |
| Filing 1 SEALED COMPLAINT filed by Stephen Huey.(MAP) |
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