Gupta v. United States Department of Justice
| Dr. Shailesh Gupta and Heather Seith |
| United States Department of Justice |
| 1:2025cv25923 |
| December 16, 2025 |
| U.S. District Court for the Southern District of Florida |
| Marty Fulgueira Elfenbein |
| K Michael Moore |
| Other Statutes: False Claims Act |
| 31 U.S.C. § 3730 Qui Tam False Claims Act |
| None |
Docket Report
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This docket was last retrieved on April 20, 2026. A more recent docket listing may be available from PACER.
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Filing 25
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Stipulation and Joint Notice of Voluntary Dismissal. #23 . UPON CONSIDERATION of the Stipulation, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the above-styled cause is hereby DISMISSED WITHOUT PREJUDICE. The Clerk of Court is instructed to CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Signed by Judge K. Michael Moore on 4/20/2026. (hyn)
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Filing 24
PAPERLESS ORDER. THIS CAUSE is before the Court on the Parties' Stipulation and Joint Notice of Voluntary Dismissal ("Stipulation") in which they inform the Court that they have reached a stipulation regarding the production of documents responsive to the United States' Civil Investigative Demand that is the subject of this action. See ECF No. #23 . In the Stipulation, the Parties have also set forth the particulars of their agreement and ask the Court to jointly and voluntarily dismiss this action. See ECF No. #23 . In light of the foregoing, the hearing on Petitioner's Petition to Set Aside or, in the Alternative, Modify Civil Investigative Demand No. 25-1079, ECF No. #1 ; Petitioners Michelle Reinarz and Dr. Heather Seith's Joinder in the Petition, ECF No. #3 ; and the United States' Cross-Petition to Enforce, ECF No. #7 ; which was scheduled on April 22, 2026 at 10:30 a.m., is hereby CANCELLED. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 4/20/2026. (MFE)
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| Filing 23 MOTION to Dismiss #1 Petition/Motion (Complaint) RE: Subpoena from Another District, #3 MOTION to Adopt/Join #1 Petition/Motion (Complaint) RE: Subpoena from Another District, , 21 Order Setting Hearing on Motion,,,,, #7 Response/Reply (Other), STIPULATION AND JOINT NOTICE OF VOLUNTARY DISMISSAL by Shailesh Gupta, Heather Seith, United States Department of Justice. Responses due by 5/4/2026. (Attachments: #1 Text of Proposed Order)(Davidson, H.) |
| Hearing terminated see ECF No. 24 . (ogn1) |
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Filing 22
PAPERLESS ORDER directing the Clerk of Court to re-designate this matter as a contested civil case for statistical purposes. Signed by Judge K. Michael Moore on 4/9/2026. (hyn)
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Filing 21
PAPERLESS ORDER. THIS CAUSE has been referred to me "to take all necessary and proper action as required by law regarding... Dr. Shailesh Gupta's Petition to Set Aside or, in the Alternative, Modify Civil Investigative Demand No. 25-1079." See ECF No. 4 . On February 24, 2026, Dr. Shailesh Gupta ("Petitioner") filed a Motion to Stay Pending the United States Court of Appeals for the Eleventh Circuit's Decision in Zafirov (the "Motion to Stay"). ECF No. #13 . On March 24, 2026, the Court denied the Motion to Stay. ECF No. #20 . Accordingly, the Court will hold a hearing on Petitioner's Petition to Set Aside or, in the Alternative, Modify Civil Investigative Demand No. 25-1079 (the "Petition"), ECF No. #1 , Petitioners Michelle Reinarz and Dr. Heather Seith's Joinder in the Petition, ECF No. #3 , and the United States' Cross-Petition to Enforce, ECF No. #7 . The hearing will take place in Courtroom 5 of the C. Clyde Atkins United States Courthouse, 301 North Miami Avenue, Miami, Florida 33128, on April 22, 2026, at 10:30 a.m. before United States Magistrate Judge Marty Fulgueira Elfenbein. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 4/8/2026. (MFE)
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Filing 20
ORDER denying #13 Motion to Stay. Signed by Judge K. Michael Moore on 3/24/2026. See attached document for full details. (hyn)
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| Filing 19 REPLY in Support of Motion re #13 MOTION to Stay PENDING THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUITS DECISION IN ZAFIROV. filed by Shailesh Gupta. (Stallings, Stephen) |
| Filing 18 Defendant's REPLY to #7 Response/Reply (Other), #16 Response/Reply (Other) Reply to Petitioner Dr. Guptas Response (ECF No. 16) to DOJ's Cross-Petition to Enforce (ECF No. 7) by United States Department of Justice. (Davidson, H.) |
| Filing 17 RESPONSE in Opposition re #13 MOTION to Stay PENDING THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUITS DECISION IN ZAFIROV and Notice to Adopt #14 filed by United States Department of Justice. Replies due by 2/24/2026. (Davidson, H.) |
| Filing 16 REPLY to #7 Response/Reply (Other), #1 Petition/Motion (Complaint) RE: Subpoena from Another District, by Shailesh Gupta. (Stallings, Stephen) |
| Filing 15 Consent NOTICE re Briefing by Shailesh Gupta (Stallings, Stephen) |
| Filing 14 Notice of Adoption by Heather Seith Related document: #13 MOTION to Stay PENDING THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUITS DECISION IN ZAFIROV filed by Shailesh Gupta (Wylie, John) |
| Filing 13 MOTION to Stay PENDING THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUITS DECISION IN ZAFIROV by Shailesh Gupta. Responses due by 2/18/2026. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Stallings, Stephen) |
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Filing 12
PAPERLESS ORDER. THIS CAUSE is before the Court on Petitioner's Motion to Stay, ECF No. #11 . The Motion to Stay lacks a Certificate of Conference as required by Local Rule 7.1, making the Court unable to determine whether Petitioner met and conferred with Respondent prior to filing the Motion and whether the relief requested therein is opposed. Accordingly, the Motion to Stay, ECF No. #11 , is DENIED without prejudice for failure to comply with Local Rule 7.1. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 2/3/2026. (MFE)
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| Filing 11 MOTION to Stay PENDING THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUITS DECISION IN ZAFIROV by Shailesh Gupta. Responses due by 2/17/2026. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Stallings, Stephen) |
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Filing 9
PAPERLESS ORDER. THIS CAUSE is before the Court on Respondent's Unopposed Motion to File Under Seal Unredacted Response in Opposition to Petition to Set Aside, (the "Motion"), ECF No. #8 . In the Motion, Respondent explains that the Response in Opposition to Petition to Set Aside (the "Response") discusses information from a separate qui tam case that is still under seal, and therefore cannot be publicly disclosed. See ECF No. #8 at 1-2. Accordingly, Respondent is asking the Court to keep the portions of its Response that reference the sealed qui tam materials under seal in this action as well. See id. The Court agrees that good cause exists to allow Respondent to file those documents under seal. Accordingly, the Motion, ECF No. #8 , is GRANTED. Respondent may file an unredacted version of the Response under seal until otherwise ordered by the Court. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 2/2/2026. (MFE)
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| SYSTEM ENTRY - Docket Entry 10 restricted/sealed until further notice. (kpe) |
| Filing 8 Unopposed MOTION for Leave to File Documents Under Seal by United States Department of Justice. Responses due by 2/13/2026. (Attachments: #1 Text of Proposed Order)(Davidson, H.) |
| Filing 7 RESPONSE to #1 Petition/Motion (Complaint) RE: Subpoena from Another District, REDACTED by United States Department of Justice. (Attachments: #1 Affidavit Redacted Declaration, #2 Exhibit A Redacted 11.14 email, #3 Exhibit B Redacted 11.19 email, #4 Exhibit C - Redacted 12.16 email, #5 Text of Proposed Order)(Davidson, H.) |
| Filing 6 NOTICE of Compliance (Proof of Service) by Shailesh Gupta re 5 Order,,,,, (Stallings, Stephen) |
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Filing 5
PAPERLESS ORDER. THIS CAUSE is before the Court on a sua sponte review of the record. Applicant Dr. Shailesh Gupta filed a Petition to Set Aside or, in the alternative, Modify Civil Investigative Demand No. 25-1079 (the "Petition"), ECF No. #1 , on December 16, 2025. On the following day, Michelle Reinarz and Dr. Heather Seith joined in and adopted the relief sought in the Petition (the "Joinder"), ECF No. #3 . Although the Certificates of Service in both the Petition and the Joinder state that these documents were served on Nelson Wagner, Trial Attorney, Department of Justice, who issued the Civil Investigative Demand at issue, to date, the United States Department of Justice has not responded to the Petition or the Joinder. Accordingly, no later than January 30, 2026, the United States Department of Justice shall file a Response to the Petition and Joinder. Failure to file a Response by the deadline may result in the undersigned granting the relief by default. No later than January 16, 2026, Petitioner Dr. Shailesh Gupta SHALL serve a copy of this Order via email on Mr. Wagner and shall file proof of such service on the docket. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 1/15/2026. (MFE)
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Filing 4
PAPERLESS ORDER REFERRING CASE. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned cause is hereby referred to Magistrate Judge Marty Fulgueira Elfenbein to take all necessary and proper action as required by law regarding #1 Dr. Shailesh Gupta's Petition to Set Aside or, in the Alternative, Modify Civil Investigative Demand No. 25-1079. Signed by Judge K. Michael Moore on 12/18/2025. (hyn)
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| Filing 3 MOTION to Adopt/Join #1 Petition/Motion (Complaint) RE: Subpoena from Another District, by Heather Seith. Attorney John William Wylie, IV added to party Heather Seith(pty:pet). (Wylie, John) |
| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. (cwc) |
| Filing 1 Petition/Motion (Complaint) RE: Subpoena to Quash from Another District (Petition to Set-Aside or Modify Civil Investigative Demand No. 25-1079). Filing fee $52.00 receipt number AFLSDC-19049298, filed by Shailesh Gupta. (Attachments: #1 Exhibit A - CID, #2 Civil Cover Sheet)(Stallings, Stephen) |
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