Frey v. Health Management Systems
| Christopher Frey, ex rel, Relator and United States of America |
| Health Management Systems, Incorporated, Cotiviti, Incorporated, Performant Recovery, Incorporated and CGI Federal, Incorporated |
| 25-20146 |
| April 24, 2025 |
| U.S. Court of Appeals, Fifth Circuit |
| Qui Tam (31 U.S.C. 3729(a)) |
Opinions
We have the following opinions for this case:
| Description |
|---|
| Frey v. Health Management Systems |
Docket Report
This docket was last retrieved on October 10, 2025. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 44 PROPOSED SUFFICIENT BRIEF filed by Appellees Health Management Systems, Incorporated, Cotiviti, Incorporated and CGI Federal, Incorporated in 25-20146 [ # 43 ] Brief has been deemed sufficient. [25-20146] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: PROPOSED SUFFICIENT BRIEF filed by Appellee Health Management Systems, Incorporated [ # 43 ] Date of service: 10/10/2025 via email - Attorney for Appellees: Hale, Hammer, Ho, Holloway, McCaleb, Odell, Rudman, Sweet; Attorney for Appellant: Harris [25-20146] (Allyson Newton Ho ) [Entered: 10/10/2025 07:30 PM] |
| Filing 43 SUFFICIENT APPELLEE'S BRIEF FILED # of Copies Provided: 0 Sufficient Brief deadline satisfied [25-20146] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED by CGI Federal, Incorporated, Cotiviti, Incorporated and Health Management Systems, Incorporated. Brief NOT Sufficient as the use of id is not permitted when citing to the record on appeal. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. E/Res's Brief deadline satisfied. Sufficient Brief due on 10/24/2025 for Appellees CGI Federal, Incorporated, Cotiviti, Incorporated and Health Management Systems, Incorporated.. Reply Brief due on 10/29/2025 for Appellant Christopher Frey [25-20146] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED by Health Management Systems, Incorporated,. Date of service: 10/08/2025 via email - Attorney for Appellees: Hale, Hammer, Ho, Holloway, McCaleb, Odell, Rudman, Sweet; Attorney for Appellant: Harris [25-20146] (Allyson Newton Ho ) [Entered: 10/08/2025 04:16 PM] |
| Filing 42 FILING OVERDUE BRIEF NOTICE dated 09/17/2025, issued to Appellee Performant Recovery, Incorporated. No response received. E/Res's Brief deadline canceled. Motion due deadline satisfied. [25-20146] (DLJ) [Entered: 10/08/2025 03:05 PM] |
| Filing 41 NOTICE ISSUED TO APPELLEE - Brief is overdue. Motion to file brief out of time due on 09/29/2025 for Appellee Performant Recovery, Incorporated. [25-20146] (RA) [Entered: 09/17/2025 12:47 PM] |
| Filing 40 PROPOSED SUFFICIENT RECORD EXCERPTS filed by Appellant Mr. Christopher Frey [ # 37 ] Date of service: 08/22/2025 via email - Attorney for Appellees: Hale, Hammer, Ho, Holloway, McCaleb, Odell, Rudman, Sweet; Attorney for Appellant: Harris [25-20146] (Thomas Alan Harris Jr.) [Entered: 08/22/2025 01:54 PM] |
| Filing 39 EXTENSION RECEIVED for Appellees CGI Federal, Incorporated, Cotiviti, Incorporated and Health Management Systems, Incorporated. Extension Granted to and including 10/08/2025. E/Res's Brief deadline updated to 10/08/2025 for Appellees CGI Federal, Incorporated, Cotiviti, Incorporated and Health Management Systems, Incorporated [25-20146] (ABT) [Entered: 08/21/2025 09:27 AM] |
| Filing 38 UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Appellee Health Management Systems, Incorporated for filing Extension to file a consolidated response brief under Federal Rule of Appellate Procedure 28(i) by Appellees Health Management Systems, Inc., Cotiviti, Inc., and CGI Federal Inc. until 10/08/2025 [25-20146] (Allyson Newton Ho ) [Entered: 08/20/2025 03:19 PM] |
| Filing 37 SUFFICIENT RECORD EXCERPTS FILED. Sufficient Record Excerpts deadline satisfied. PAPER COPIES NOT REQUESTED AT THIS TIME. [25-20146] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED. Record Excerpts NOT Sufficient as they require motion to file optional contents in excess pages. Optional contents exceed page limitations by 28 pages. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 Sufficient Record Excerpts due on 08/22/2025 for Appellant Christopher Frey [25-20146] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellant Mr. Christopher Frey. Date of service: 08/08/2025 via email - Attorney for Appellees: Hale, Hammer, Ho, Holloway, McCaleb, Odell, Rudman, Sweet; Attorney for Appellant: Harris [25-20146] (Thomas Alan Harris Jr.) [Entered: 08/08/2025 11:55 PM] |
| Filing 36 APPELLANT'S BRIEF FILED # of Copies Provided: 0 A/Pet's Brief deadline satisfied. Appellee's Brief due on 09/08/2025 for Appellees CGI Federal, Incorporated, Cotiviti, Incorporated, Health Management Systems, Incorporated and Performant Recovery, Incorporated [25-20146] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Mr. Christopher Frey. Date of service: 08/08/2025 via email - Attorney for Appellees: Hale, Hammer, Ho, Holloway, McCaleb, Odell, Rudman, Sweet; Attorney for Appellant: Harris [25-20146] (Thomas Alan Harris Jr.) [Entered: 08/08/2025 11:54 PM] |
| Filing 35 CASE CAPTION updated. Involvement terminated for Appellant USA in 25-20146. [25-20146] (STH) [Entered: 07/24/2025 10:27 AM] |
| Filing 34 EXTENSION RECEIVED for Appellant Mr. Christopher Frey. Extension Granted to and including 08/08/2025. A/Pet's Brief deadline updated to 08/08/2025 for Appellant Christopher Frey [25-20146] (CMC) [Entered: 07/09/2025 11:23 AM] |
| Filing 33 UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Appellant Mr. Christopher Frey for filing APPELLANT'S OPENING BRIEF until 08/08/2025 [25-20146] (Thomas Alan Harris Jr.) [Entered: 07/08/2025 04:52 PM] |
| Filing 31 ATTORNEY NOT PARTICIPATING. Kathryn M. Cherry is designated as inactive in this case. Reason:per letter received 06/04/2025. [25-20146] (RA) [Entered: 06/04/2025 01:41 PM] |
| Filing 30 LETTER filed informing the Court of Kathryn M. Cherry's withdrawal as attorney of record.. [25-20146] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: LETTER filed by Appellee Health Management Systems, Incorporated Attorney Withdrawal. Date of Service: 06/04/2025 via email - Attorney for Appellees: Cherry, Hale, Hammer, Ho, Holloway, McCaleb, Odell, Rudman, Sweet; Attorney for Appellants: Collins, Harris [25-20146] (Allyson Newton Ho ) [Entered: 06/04/2025 10:54 AM] |
| Filing 29 BRIEFING NOTICE ISSUED. A/Pet's Brief Due on 07/09/2025, for Appellants Christopher Frey and United States of America. [25-20146] (DLJ) [Entered: 05/30/2025 09:13 AM] |
| Filing 28 APPEARANCE FORM FILED by Attorney Thomas Alan Harris Jr. for Appellant Christopher Frey in 25-20146 [25-20146] (SH) [Entered: 05/22/2025 02:58 PM] |
| Filing 27 TRANSCRIPT ORDER received from Appellant Mr. Christopher Frey advising transcript unnecessary as it is already filed. Transcript Order ddl satisfied [25-20146] (ABT) [Entered: 05/22/2025 02:15 PM] |
| Filing 26 ELECTRONIC RECORD ON APPEAL FILED. Admitted Exhibits on File in District Court? No. Video/Audio Exhibits on File in District Court? No [25-20146] (DDL) [Entered: 05/21/2025 08:41 AM] |
| Filing 25 APPEARANCE FORM received from Mr. Thomas Alan Harris, Jr. for Mr. Christopher Frey for the court's review. Lead Counsel? Yes. [25-20146] (Thomas Alan Harris Jr.) [Entered: 05/20/2025 06:14 PM] |
| Filing 24 ATTORNEY TRANSCRIPT ORDER form filed by Appellant Mr. Christopher Freyfor the Court to process. Date of service: 05/20/2025 via email - Attorney for Appellees: Cherry, Hale, Hammer, Ho, Holloway, McCaleb, Odell, Rudman, Sweet; Attorney for Appellants: Collins, Harris. [25-20146] (Thomas Alan Harris Jr.) [Entered: 05/20/2025 06:09 PM] |
| Filing 22 APPEARANCE FORM FILED by Attorney(s) Kathryn M. Cherry for party(s) Appellee Health Management Systems, Incorporated, in case 25-20146. [25-20146] (SEP) [Entered: 05/20/2025 11:40 AM] |
| Filing 21 APPEARANCE FORM FILED by Attorney(s) Stephen J. Hammer for party(s) Appellee Health Management Systems, Incorporated, in case 25-20146. [25-20146] (SEP) [Entered: 05/20/2025 11:38 AM] |
| Filing 20 APPEARANCE FORM FILED by Attorney(s) Allyson Newton Ho for party(s) Appellee Health Management Systems, Incorporated, in case 25-20146. [25-20146] (SEP) [Entered: 05/20/2025 11:37 AM] |
| Filing 19 APPEARANCE FORM FILED by Attorney(s) Lorinda Holloway for party(s) Appellee Health Management Systems, Incorporated, in case 25-20146. [25-20146] (SEP) [Entered: 05/20/2025 11:29 AM] |
| Filing 18 APPEARANCE FORM FILED by Attorney Jody Lynn Rudman for Appellee Health Management Systems, Incorporated in 25-20146. [25-20146] (SEP) [Entered: 05/20/2025 11:24 AM] |
| Filing 17 APPEARANCE FORM for the court's review. Lead Counsel? No. [25-20146] (Kathryn M. Cherry ) [Entered: 05/19/2025 09:04 PM] |
| Filing 16 APPEARANCE FORM for the court's review. Lead Counsel? No. [25-20146] (Stephen J. Hammer ) [Entered: 05/19/2025 08:50 PM] |
| Filing 15 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [25-20146] (Allyson Newton Ho ) [Entered: 05/19/2025 08:48 PM] |
| Filing 14 APPEARANCE FORM for the court's review. Lead Counsel? No. [25-20146] (Lorinda Holloway ) [Entered: 05/19/2025 05:04 PM] |
| Filing 13 APPEARANCE FORM received from Ms. Jody Lynn Rudman for Health Management Systems, Incorporated for the court's review. Lead Counsel? No. [25-20146] (Jody Lynn Rudman ) [Entered: 05/19/2025 05:00 PM] |
| Filing 12 APPEARANCE FORM FILED by Attorney Jill Megan Hale for Appellee Cotiviti, Incorporated in 25-20146 [25-20146] (ABT) [Entered: 05/16/2025 03:42 PM] |
| Filing 11 APPEARANCE FORM received from Ms. Jill Megan Hale for Cotiviti, Incorporated for the court's review. Lead Counsel? Yes. [25-20146] (Jill Megan Hale ) [Entered: 05/16/2025 01:05 PM] |
| Filing 9 APPEARANCE FORM FILED by Attorney(s) Mark B. Sweet for party(s) Appellee CGI Federal, Incorporated, in case 25-20146, by Attorney Scott Michael McCaleb for Appellee CGI Federal, Incorporated in 25-20146 [25-20146] (ABT) [Entered: 05/16/2025 11:55 AM] |
| Filing 8 APPEARANCE FORM received from Mr. Scott Michael McCaleb for CGI Federal, Incorporated for the court's review. Lead Counsel? No. [25-20146] (Scott Michael McCaleb ) [Entered: 05/16/2025 10:09 AM] |
| Filing 7 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [25-20146] (Mark B. Sweet ) [Entered: 05/16/2025 10:03 AM] |
| Filing 5 INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [5] Initial AA Check Due satisfied.. Transcript order due on 05/20/2025 for Appellants Christopher Frey and United States of America [25-20146] (STH) [Entered: 05/05/2025 04:18 PM] |
| Filing 1 PRIVATE CIVIL FEDERAL CASE docketed. NOA filed by Appellants Mr. Christopher Frey and USA [25-20146] (STH) [Entered: 04/24/2025 04:16 PM] |
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