United States of America, et al. v. Dynamic Medical Systems, LLC., et al.
| 1:2017cv01757 |
| September 16, 2019 |
| US District Court for the Eastern District of California |
| Fresno Office |
| Other Statutes: False Claims Act |
| 31 U.S.C. ยง 3729 False Claims Act |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
185
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 11/17/23 ORDERING that Relator agrees not to pursue an appeal of the Court's 10/18/23 order granting the motion to dismiss and judgment. The Parties shall each bear their own cost s, attorneys' fees, and other fees incurred in connection with the action. All Parties waive any right they have to seek sanctions in this action. Each party and signatory to this Stipulation represents that it freely and voluntarily enters into this Stipulation without any degree of duress or compulsion. (Kastilahn, A)
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Filing
182
MEMORANDUM and ORDER signed by Senior Judge William B. Shubb on 10/17/23 ORDERING that 141 the Second Amended Complaint is DISMISSED with prejudice. CASE CLOSE(Kastilahn, A)
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Filing
180
ORDER signed by Senior Judge William B. Shubb on 9/12/2023 CONTINUING Pending Motions to Dismiss 142 , 145 , 144 , 146 Hearings to 10/16/2023 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb.(Reader, L)
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Filing
169
ORDER GRANTING MOTION TO CONTINUE SCHEDULING CONFERENCE AND STAY DISCOVERY:ORDER VACATING FEBRUARY 21, 2023 HEARING signed by Magistrate Judge Stanley A. Boone on 2/14/2023. IT IS HEREBY ORDERED Defendants' motion for a continuance and stay of discovery (ECF No. 168 ) is GRANTED. Discovery in this action continues to be STAYED until the Court holds a scheduling conference. The Scheduling Conference set for February 21, 2023, is CONTINUED to August 8, 2023, at 1:30 p.m., in Courtroom 9. The parties shall file a joint scheduling conference statement seven (7) days prior to the scheduling conference. The hearing on Defendants' motion for continuance set for February 21, 2023, is hereby VACATED.(Gonzales, V)
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Filing
162
ORDER REQUIRING RELATOR THOMAS TURNER TO FILE AN OPPOSITION OR STATEMENT OF NON-OPPOSITION TO DEFENDANTS' MOTION TO CONTINUE THE SCHEDULING CONFERENCE WITHIN FOURTEEN DAYS signed by Magistrate Judge Stanley A. Boone on 7/26/2022. IT IS HEREBY ORDERED that Relator Thomas Turner shall file an opposition or statement of non-opposition to Defendants' motion to continue the mandatory scheduling conference within fourteen (14) days of entry of this order.(Gonzales, V)
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Filing
156
ORDER RE STIPULATED MOTION TO EXTEND TIME TO FILE REPLY BRIEF signed by Magistrate Judge Stanley A. Boone on 6/13/2022. IT IS HEREBY ORDERED that the stipulated motion (ECF No. 155 ) is GRANTED, and Defendants shall file any reply briefs in support of their motions to dismiss and strike on or before June 29, 2022. (Gonzales, V)
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Filing
140
ORDER GRANTING 139 Application for Pro Hac Vice signed by Magistrate Judge Stanley A. Boone on 3/11/2022. Added attorney Jonathan P. York, PHV for Dynamic Medical Systems, LLC, Joerns Healthcare, LLC. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Jessen, A)
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Filing
138
ORDER RE STIPULATION TO EXTEND TIME TO FILE AMENDED COMPLAINT; ORDER CONTINUING SCHEDULING CONFERENCE signed by Magistrate Judge Stanley A. Boone on 2/14/2022. IT IS HEREBY ORDERED Plaintiffs shall file their amended complaint on or before March 21, 2022. Defendants shall file a pleading responsive to the amended complaint on or beforeMay 9, 2022. Plaintiff's opposition to any motion to dismiss the amended complaint shall be filed on or before June 6, 2022. Defendants' reply shall be filed on or before June 20, 2022. The scheduling conference set for April 19, 2022, is CONTINUED to August 23, 2022, at 10:00 a.m. in Courtroom 9. The parties shall file a joint scheduling report seven (7) days prior to the scheduling conference. (Gonzales, V)
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Filing
124
ORDER GRANTING DEFENDANTS' UNOPPOSED FOURTH MOTION TO CONTINUE THE SCHEDULING CONFERENCE AND CONTINUING THE SCHEDULING CONFERENCE TO JANUARY 18, 2022 signed by Magistrate Judge Stanley A. Boone on 10/13/2021. IT IS HEREBY ORDERED that: 1) Defe ndants' motion to continue the scheduling conference and stay discovery, filed September 21, 2021 (ECF No. 122 ), is GRANTED; 2) The scheduling conference set for October 19, 2021, is CONTINUED to January18, 2022, at 10:30 a.m. in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone; and 3) The parties shall file a joint scheduling report seven (7) days prior to the scheduling conference. (Apodaca, P)
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Filing
120
ORDER GRANTING DEFENDANTS THIRD MOTION TO CONTINUE THE SCHEDULING CONFERENCE AND CONTINUING THE SCHEDULING CONFERENCE TO July 20, 2021. Signed by Magistrate Judge Stanley A. Boone on 3/3/2021. (Hernandez, M)
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Filing
113
ORDER CONTINUING HEARING ON DEFENDANTS MOTION TO CONTINUE THE SCHEDULING CONFERENCE AND THE SCHEDULING CONFERENCE TO DECEMBER 2, 2020 AND REQUIRING PLAINTIFF TO FILE AN OPPOSITION OR STATEMENT OF NON-OPPOSITION TO DEFENDANTS MOTION TO CONTINUE THE SCHEDULING CONFERENCE. DEADLINE: NOVEMBER 12, 2020 signed by Magistrate Judge Stanley A. Boone on 11/4/2020(Hernandez, M)
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Filing
111
ORDER DIRECTING the Clerk of the Clerk to TERMINATE Invacare Corporation as a Party in this Action and Administratively TERMINATE Invacare's 108 Motion to Dismiss as MOOT signed by Magistrate Judge Stanley A. Boone on 10/6/2020. Invacare Corporation (Ohio Corporation) terminated. (Sant Agata, S)
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Filing
107
ORDER DENYING PARTIES' FIFTH STIPULATION TO EXTEND TIME FOR DEFENDANT INVACARE CORPORATION TO RESPOND TO PLAINTIFFS' COMPLAINT (ECF No. 106 ). IT IS HEREBY ORDERED that the fifth stipulation to extend time for Defendant Invacare Corporation to respond to the complaint is DENIED; and Defendant Invacare shall file a responsive pleading within five (5) days of the date of entry of this order. Order signed by Magistrate Judge Stanley A. Boone on 9/21/2020. (Apodaca, P)
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Filing
105
ORDER on FOURTH STIPULATION TO EXTEND TIME FOR DEFENDANT TO RESPOND TO PLAINTIFFS' COMPLAINT. IT IS HEREBY ORDERED THAT: Invacare Corporation's responsive pleading shall be filed on or before September 18, 2020. Order signed by Magistrate Judge Stanley A. Boone on 9/4/2020. (Apodaca, P)
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Filing
103
ORDER RE THIRD STIPULATION TO EXTEND TIME FOR DEFENDANT INVACARE CORPORATION TO RESPOND TO PLAINTIFFS' COMPLAINT signed by Magistrate Judge Stanley A. Boone on 8/26/2020. IT IS HEREBY ORDERED Defendant Invacare Corporation shall file a responsive pleading on or before September 4, 2020.(Gonzales, V)
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Filing
101
ORDER RE SECOND STIPULATION TO EXTEND TIME FOR DEFENDANT TO RESPOND TO PLAINTIFFS COMPLAINT AND CONTINUING SCHEDULING CONFERENCE(ECF No. 100). Accordingly, IT IS HEREBY ORDERED that: Invacare Corporations responsive pleading shall be filed on or be fore August 26, 2020; The scheduling conference set for September 1, 2020 is CONTINUED to December 1, 2020 at 10:30 a.m. in Courtroom 9; and The parties shall file a joint scheduling report seven (7) days prior to the continued scheduling conference date. Signed by Magistrate Judge Stanley A. Boone on 7/30/2020. (Hernandez, M)
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Filing
93
ORDER Discharging Order Requiring Relator to Show Cause why Defendant Invacare Corporation Should not be Dismissed from this Action for Failure to Serve in Compliance with Federal Rule of Civil Procedure 4(m) signed by Magistrate Judge Stanley A. Boone on 06/16/2020. (Flores, E)
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Filing
90
ORDER REQUIRING RELATOR TO SHOW CAUSE WHY DEFENDANT INVACARE CORPORATION SHOULD NOT BE DISMISSED FROM THIS ACTION FOR FAILURE TO SERVE IN COMPLIANCE WITH FEDERAL RULE OF CIVIL PROCEDURE 4(M). Accordingly, Relator is HEREBY ORDERED to show cause in wr iting within five (5) days from the date of entry of this order why Defendant Invacare Corporation should not be dismissed from this action for failure to serve the complaint in compliance with Rule 4(m) of the Federal Rules of Civil Procedure. Signed by Magistrate Judge Stanley A. Boone on 6/8/2020. (Hernandez, M)
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Filing
89
ORDER GRANTING DEFENDANTS MOTION TO STAY DISCOVERY AND CONTINUE SCHEDULING CONFERENCE AND VACATING HEARING ON MOTION (ECF Nos. 84, 87, 88). IT IS HEREBY ORDERED that: Defendants motion to stay discovery and continue the scheduling conference (ECF No . 84), is GRANTED; The hearing on the motion to stay discovery and continue the scheduling conference set for June 9, 2020 (ECF No. 84), is VACATED; Discovery in this action is STAYED until the Court holds a scheduling conference; The scheduling conf erence remains set for September 1, 2020 at 10:30 a.m. in Courtroom 9, as continued by the Courts minute order issued June 2, 2020 (ECF No. 87); and the parties shall file a joint scheduling report seven (7) days prior to the scheduling conference. Signed by Magistrate Judge Stanley A. Boone on 6/5/2020. (Hernandez, M)
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Filing
85
ORDER REQUIRING PARTIES TO FILE OPPOSITION OR STATEMENT OF NONOPPOSITION TO DEFENDANTS MOTION TO STAY DISCOVERY AND CONTINUE SCHEDULING CONFERENCE (ECF No. 84) Signed by Magistrate Judge Stanley A. Boone on 5/21/2020. (Hernandez, M)
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Filing
73
ORDER GRANTING STIPULATED MOTION TO MODIFY BRIEFING SCHEDULE. IT IS HEREBY ORDERED that: The stipulated motion to amend the briefing schedule (ECF No. 69) is GRANTED; Responses to the motions to dismiss shall be filed on or before March 18, 2020; Defendants replies, if any, shall be filed on or before April 8, 2020; and The hearing on the motions to dismiss set for March 18, 2020, at 8:30 a.m. in Courtroom 4 is VACATED. Signed by Magistrate Judge Stanley A. Boone on 3/2/2020. (Hernandez, M)
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Filing
70
ORDER REQUIRING DEFENDANTS DYNAMIC MEDICAL SYSTEMS, LLC, JOERNS HEALTHCARE, LLC, PLUM HEALTHCARE GROUP, LLC, AND CAMBRIDGE HEALTHCARE SERVICES TO FILE STATEMENT OF INTENT TO FILE AN OPPOSITION OR STATEMENT OF NON-OPPOSITION TO MOTION TO AMEND BRIEFIN G SCHEDULE. IT IS HEREBY ORDERED that Defendants Dynamic Medical Systems, LLC, Joerns Healthcare, LLC, Plum Healthcare Group, LLC, and Cambridge Healthcare Services shall file a statement of intent to file an opposition or a statement of non-opposition to this motion on or before February 28, 2020. Signed by Magistrate Judge Stanley A. Boone on 2/26/2020. (Hernandez, M)
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Filing
53
ORDER GRANTING STIPULATED MOTION TO AMEND BRIEFING SCHEDULE ON MOTIONS TO DISMISS AND CONTINUING SCHEDULING CONFERENCE. IT IS HEREBY ORDERED that: The Stipulated Motion to Amend the Schedule on Motions to Dismiss is GRANTED; Defendants shall file any motions to dismiss on or before January 29, 2020; Plaintiffs response to any motions to dismiss shall be filed on or before February 26, 2020; Defendants replies, if any, shall be filed on or before March 11, 2020; The hearing on any motions to dism iss is CONTINUED from February 5, 2020 until March 18, 2020, at 8:30 a.m. in Courtroom 4; The mandatory scheduling conference is continued from May 26, 2020 to June 9,2020 at 10:30 a.m. in Courtroom 9; and The parties shall file a joint scheduling report seven (7) days prior to the continued scheduling conference date. Signed by Magistrate Judge Stanley A. Boone on 1/6/2020. (Hernandez, M)
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Filing
51
ORDER REQUIRING PLAINTIFFS TO FILE STATEMENT OF INTENT TO FILE AN OPPOSITION OR STATEMENT OF NON OPPOSITION TO STIPULATED MOTION TO AMEND BRIEFING SCHEDULE ON MOTIONS TO DISMISS. Therefore, IT IS HEREBY ORDERED that the Plaintiffs shall file a statement of intent to file an opposition or a statement of non-opposition to this motion on or before January 3, 2020. Signed by Magistrate Judge Stanley A. Boone on 1/2/2020. (Hernandez, M)
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Filing
18
ORDER TO UNSEAL, signed by Chief Judge Lawrence J. O'Neill on 9/16/19. (Gonzalez, R)
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