United States of America v. Tomoka Medical Lab, Inc. et al
| United States of America |
| Rajen Shah and Tomoka Medical Lab, Inc. |
| 6:2020mc00022 |
| June 2, 2020 |
| US District Court for the Middle District of Florida |
| Paul G Byron |
| Embry J Kidd |
| Other Statutes: False Claims Act |
| 31 U.S.C. § 3729 |
Docket Report
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This docket was last retrieved on October 12, 2021. A more recent docket listing may be available from PACER.
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| Filing 46 NOTICE by United States of America (of Respondents' Continued Noncompliance with Court's Orders) (Keefe, Sean) |
| Filing 45 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Amie First. (ARF) |
| Filing 44 TRANSCRIPT of Show Cause Hearing held on February 3, 2021, before Judge Embry J. Kidd. Court Reporter/Transcriber Amie R. First, RDR, CRR, CRC, CPE,AmieFirst.CourtReporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 7/27/2021 Redacted Transcript Deadline set for 8/6/2021 Release of Transcript Restriction set for 10/4/2021. (ARF) |
| Filing 43 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Amie First. (ARF) |
| Filing 42 TRANSCRIPT of Show Cause Hearing held on November 23, 2020, before Judge Embry J. Kidd. Court Reporter/Transcriber Amie R. First, RDR, CRR, CRC, CPE, AmieFirst.CourtReporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 7/27/2021 Redacted Transcript Deadline set for 8/6/2021 Release of Transcript Restriction set for 10/4/2021. (ARF) |
| Filing 41 Minute Entry. In Person Proceedings held before Judge Paul G. Byron: Contempt Hearing held on 6/3/2021. Court Reporter: Koretta Stanford (GNB)ctp |
| Filing 40 NOTICE of Hearing: Contempt Hearing set for 6/3/2021 at 10:30 AM in Orlando Courtroom 4B before Judge Paul G. Byron. (GNB) ctp |
| Filing 39 NOTICE of Service by United States of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Keefe, Sean) Modified on 6/1/2021 (RDO). |
| Filing 38 NOTICE by United States of America Regarding June 3, 2021 Contempt Hearing (Keefe, Sean) |
Filing 37
ORDER adopting #36 Report and Recommendations; granting #31 Motion for Order to Show Cause. See Order for details. The Court will hold a contempt hearing on June 3, 2021 at 10:30 AM. Failure to appear this hearing in person will result in criminal contempt proceedings and the issuance of an arrest warrant. The United States is DIRECTED to serve a copy of this Order on Respondents on or before May 26, 2021. The United States is DIRECTED to file, on or before June 1, 2021, a written notice informing the Court how and when it complied with this Order. Signed by Judge Paul G. Byron on 5/20/2021. (JBS)
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Filing 36
REPORT AND RECOMMENDATIONS re #31 RENEWED MOTION for Order to Show Cause against Respondents. I respectfully recommend that the Court hold Respondents in contempt of court for failure to comply with the Civil Investigative Demands and the undersigned's orders. Signed by Magistrate Judge Embry J. Kidd on 5/5/2021. (JLE)
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| Filing 35 Minute Entry. In Person Proceedings held before Magistrate Judge Embry J. Kidd: SHOW CAUSE HEARING held on 4/26/2021. (Digital) (PML) |
| Filing 34 NOTICE of hearing: re: #32 Order on Motion for Order to Show Cause; Show Cause Hearing set for 4/26/2021 at 3:00 PM in Orlando Courtroom 4 C before Magistrate Judge Embry J. Kidd. (PML) ctp |
| Filing 33 PROOF of service by United States of America (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Keefe, Sean) |
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Filing 32
AMENDED ORDER taking under advisement #31 the United States's Motion for Order to Show Cause. Signed by Magistrate Judge Embry J. Kidd on 3/25/2021. (JLE) Modified on 5/5/2021 (JLE). (JLE).
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| Filing 31 RENEWED MOTION for Order to Show Cause by United States of America. (Keefe, Sean) Modified on 3/23/2021 (RDO). Modified on 5/5/2021 (JLE). |
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Filing 30
ORDER DISCHARGING #25 Order to Show Cause. Further instructions for both parties are set forth in the body of the Order. Signed by Magistrate Judge Embry J. Kidd on 2/3/2021. (JLE)
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| Filing 28 Minute Entry. Virtual (Zoom) Proceedings held before Magistrate Judge Embry J. Kidd: SHOW CAUSE HEARING held on 2/3/2021. (Zoom digital) (PML) |
| Filing 27 NOTICE by United States of America re #25 Order on Motion for Order to Show Cause (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Keefe, Sean) |
| Filing 26 NOTICE of Zoom hearing: Show Cause Hearing set for 2/3/2021 at 3:00 PM before Magistrate Judge Embry J. Kidd; Zoom ID and password will be provided by email; Business attire is required for all Zoom hearings. Counsel are required to appear with their cameras on unless the Court has granted in advance leave to appear telephonically. Members of the press and public who wish to attend remote hearings must use the web form on the court's internet site: https:// www.flmd.uscourts.gov/webforms/request-remote-access-courtroom-proceedings-press-and-public.(PML) ctp |
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Filing 25
ORDER granting #22 the United States's Motion for Order to Show Cause against Respondents. Respondents are DIRECTED to appear before the undersigned on Wednesday, February 3, 2021, at 3:00 p.m., via Zoom. The United States is directed to file, on or before January 28, 2021, a written notice informing the Court how and when it complied with this Order. Signed by Magistrate Judge Embry J. Kidd on 1/14/2021. (JLE)
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| Filing 24 AMENDED NOTICE by United States of America of Rule 3.01(g) Certification. (Keefe, Sean) Modified on 1/12/2021 (RDO). |
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Filing 23
ORDER re #22 MOTION for Order to Show Cause. Defendants are directed to respond to this Motion on or before January 13, 2021. The United States is directed to serve a copy of this order on Defendants by December 30, 2020. Signed by Magistrate Judge Embry J. Kidd on 12/23/2020. (JLE)
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| Filing 22 MOTION for Order to Show Cause by United States of America. (Keefe, Sean) |
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Filing 21
ORDER discharging #8 & #15 Orders to Show Cause as to Respondents. Respondents are DIRECTED to fully respond to CID 2020-18 and 2020-19 on or before December 11, 2020. Signed by Magistrate Judge Embry J. Kidd on 11/23/2020. (JLE)
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| Filing 20 Minute Entry. Proceedings held before Magistrate Judge Embry J. Kidd: SHOW CAUSE HEARING held on 11/23/2020. (Digital) (PML) |
| Filing 19 US Marshal 285 form for indicating service of #15 Order to Show Cause on Rajen Shah on 10/23/20. (RDO) |
| Filing 18 RETURN of service/USM 285 form executed on 10/26/2020 as to Tomoka Medical Lab, Inc. (KNC) |
| Filing 17 RETURN of service/USM 285 executed on 10/23/2020 as to Rajen Shah. (KNC) Modified on 11/3/2020 (KNC). |
| Filing 16 NOTICE of hearing: re: #15 Order; Show Cause Hearing set for 11/23/2020 at 10:00 AM in Orlando Courtroom 4 C before Magistrate Judge Embry J. Kidd; Those attending the hearing are required to wear masks and comply with social distancing guidelines.(PML) Copies provided to US Marshal for service. |
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Filing 15
ORDER granting #13 Motion to Schedule an Additional Show Cause Hearing. Signed by Magistrate Judge Embry J. Kidd on 10/9/2020. (Kidd, Embry)
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| Filing 14 NOTICE by United States of America of Filing Declaration re #13 RENEWED MOTION for Miscellaneous Relief, specifically Order To Show Cause Why Respondents Should Not Be Held In Contempt Of Court For Failure To Comply With Court's July 20, 2020 Order Granting United States' Petition To Enforce Civil Investiga (Attachments: #1 Exhibit 1)(Keefe, Sean) Modified on 9/22/2020 (RDO). |
| Filing 13 RENEWED MOTION for Miscellaneous Relief, specifically Order To Show Cause Why Respondents Should Not Be Held In Contempt Of Court For Failure To Comply With Court's July 20, 2020 Order Granting United States' Petition To Enforce Civil Investigative Demands (Renewed) by United States of America. (Keefe, Sean) Modified on 9/11/2020 (RDO). |
| Filing 12 Minute Entry. Proceedings held before Magistrate Judge Embry J. Kidd: SHOW CAUSE HEARING held on 9/9/2020. (Digital) (PML) |
| Filing 11 US Marshal 285 form indicating service was attempted on 8/31/2020 but deputy was unable to locate the individual as to Rajen Shah. (see remarks) (ALL) |
| Filing 10 US Marshal 285 form indicating service on 8/18/20 as to Tomoka Medical Lab, Inc. (KNC) Modified on 8/21/2020 (RDO). |
| Filing 9 NOTICE of hearing: re: #8 Order; Show Cause Hearing set for 9/9/2020 at 10:00 AM in Orlando Courtroom 4 C before Magistrate Judge Embry J. Kidd; Those attending the hearing are required to wear masks and comply with social distancing guidelines. (PML) |
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Filing 8
ORDER granting #7 the United States's Motion for Entry of an Order to Show cause as to Respondents. The United States Marshals Service is directed to serve a copy of this Order personally upon Respondents Rajen Shah and Tomoka Medical Lab. Signed by Magistrate Judge Embry J. Kidd on 8/13/2020. (JLE)
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| Filing 7 MOTION for Miscellaneous Relief, specifically Order To Show Cause Why Respondents Should Not Be Held In Contempt Of Court For Failure To Comply With Court's July 20, 2020 Order Granting United States' Petition To Enforce Civil Investigative Demands by United States of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Keefe, Sean) |
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Filing 6
ORDER granting #1 Petition to Enforce Civil Investigative Demands and #3 Motion for Entry of Order Granting United States' Petition to Enforce Civil Investigative Demands. Signed by Magistrate Judge Embry J. Kidd on 7/20/2020. (Kidd, Embry)
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| Filing 5 NOTICE of Filing Proposed Order by United States of America re 4 Order on Motion for Miscellaneous Relief (Attachments: #1 Text of Proposed Order)(Keefe, Sean) Modified on 7/21/2020 (RDO). |
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Filing 4
ENDORSED ORDER taking under advisement #1 Petition to Enforce Civil Investigative Demands. The United States is directed to file a proposed order and to e-mail a Microsoft Word copy to the undersigned's chambers. Signed by Magistrate Judge Embry J. Kidd on 7/17/2020. (Kidd, Embry)
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| Filing 3 MOTION for Miscellaneous Relief, specifically Entry of Order Granting United States' Petition to Enforce Civil Investigative Demands by United States of America. (Keefe, Sean) |
| Filing 2 PROOF of service by United States of America (Attachments: #1 Exhibit 1)(Keefe, Sean) |
| Filing 1 PETITION to Enforce Civil Investigative Demands and incorporated Memorandum of Law by United States of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Civil Cover Sheet)(RDO) |
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