Smith et al v. Van Dyck et al

Plaintiff: Nancy A. Smith and Wendy S. Johnson
Defendant: Neil Alan Van Dyck and Neil Alan Van Dyck, DPM, Inc.
Intervenor_plaintiff: United States of America and State of California
Case Number: 2:2012cv01783
Filed: July 6, 2012
Court: California Eastern District Court
Office: Sacramento Office
County: Sacramento
Referring Judge: Kendall J. Newman
Presiding Judge: Garland E. Burrell
Nature of Suit: Medicare Act
Cause of Action: 31:3729
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
October 22, 2018 102 Opinion or Order of the Court ORDER signed by District Judge Morrison C. England, Jr on 10/18/18 GRANTING the final judgment for the United States and the State of California in accordance with this Court's Orders on 2/14/18 (ECF No. 95 ) and 1/20/17 (ECF No. 86 ), and orders Defendants to pay the United States and the State of California damages and civil penalties as set out below within 30 days after the filing of this judgment: 1. For Count I, Defendants shall pay the United States treble damages of $18 7,254.03 for false claims presented to Tricare; 2. For Count I, Defendants shall pay the United States treble damages of $2,862,426.33 for false claims presented to Medicare, plus $11,000.00 in civil penalties per claim for 50 false claims (i.e., $550,000.00), for a total of $3,599,680.33 to be paid to the United States; 3. For Count II, Defendants shall pay the State of California treble damages of $56,181.12, plus $11,000.00 in civil penalties, for false claims p resented to Medi-Cal. The Court further orders that any remaining allegations that were not part of the 2/14/18 Order (ECF No. 95 ) are DISMISSED pursuant to FRCP 41(a) with prejudice as to Relators, and without prejudice to the United States and t he State of California. For Counts III through IV, the Court orders that such Counts are dismissed pursuant to Rule 41(a) without prejudice. Notwithstanding this entry of final judgment, this Court retains jurisdiction to enforce its orders in this case. CASE CLOSED. (cc Financial) (Becknal, R)
February 14, 2018 95 Opinion or Order of the Court ORDER signed by District Judge Garland E. Burrell, Jr on 2/14/18 ORDERING that partial summary judgment 90 is GRANTED against Defendant and in favor of the United States on the liability issues proscribed by the federal False Claims Act, and is GRANTED against Defendant and in favor of the State of California on the liability issues proscribed in the California False Claims Act; the Motion is otherwise DENIED. (Mena-Sanchez, L)
January 20, 2017 85 Opinion or Order of the Court ORDER granting 74 AMENDED MOTION for RECONSIDERATION signed by Magistrate Judge Deborah Barnes on 1/20/17: The Clerk of the Court is directed to enter the default of defendant Neil Alan Van Dyck, DPM, Inc. (Kaminski, H)
January 17, 2017 82 Opinion or Order of the Court STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Deborah Barnes on 01/13/17. (Benson, A)
August 5, 2016 68 Opinion or Order of the Court STIPULATION AND ORDER signed by District Judge Garland E. Burrell, Jr. on 8/5/2016 CONTINUING the Pretrial Scheduling Conference to 8/22/2016 at 09:00 AM in Courtroom 10 (GEB) before District Judge Garland E. Burrell, Jr. (Michel, G.)
March 14, 2016 58 Opinion or Order of the Court ORDER signed by District Judge Garland E. Burrell, Jr. on 03/11/16 UNSEALING 44 Notice of Related Cases, and 45 Related Case Order. (Jackson, T)
February 22, 2016 55 Opinion or Order of the Court ORDER signed by District Judge Garland E. Burrell, Jr. on 02/22/16 ORDERING that the complaint, first amended complaint, seal extension orders, and orders partially lifting the seal be unsealed and served, along with this Order and the Joint Notice o f Election to Decline Intervention, upon the defendants by the relators; all other contents of the Court's file in this action remain under seal and not be made public or served upon the defendant; the parties shall serve all pleadings and motio ns filed in this action, including supporting memoranda, upon the United States, as provided for in 31 U.S.C. § 3730(c)(3). The United States may order any deposition transcripts and is entitled to intervene in this action, for good cause, at any time; the parties shall serve all notices of appeal upon the United States; all orders of this Court shall be sent to the United States; and that should the relator or the defendant propose that this action be dismissed, settled, or otherwise discontinued, the Court will provide the United States with notice and an opportunity to be heard before ruling or granting its approval. (Benson, A)
January 25, 2016 53 Opinion or Order of the Court ORDER signed by District Judge Garland E. Burrell, Jr. on 1/25/2016 ORDERING that the U.S. and State of California's intervention deadline remain to be 2/18/2016, and any further orders directing unsealing of the docket items and service of proc ess to follow thereafter. IT IS FURTHER ORDERED that this case be UNSEALED, that the complaint, the first amended complaint, seal extension orders, order partially lifting the seal, and this order be made part of the public case. Any future documents filed in this case will be filed unsealed. (Reader, L)

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Intervenor_plaintiff: United States of America
Represented By: John Richard Edwards(Designation Assistant US Attorney)
Represented By: Colleen M. Kennedy
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Intervenor_plaintiff: State of California
Represented By: Emmanuel Ramon Salazar
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Plaintiff: Nancy A. Smith
Represented By: Gary B. Callahan
Represented By: Tatiana Filippova
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Plaintiff: Wendy S. Johnson
Represented By: Gary B. Callahan
Represented By: Tatiana Filippova
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Defendant: Neil Alan Van Dyck
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Defendant: Neil Alan Van Dyck, DPM, Inc.
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