United States of America, ex rel. et al v. Quest Diagnostics, Inc.
| United States of America, ex rel., Barbara Senters and The State of Georgia, ex rel. |
| Quest Diagnostics, Inc., John Doe Florida Corporations 1-1000 and John Doe Northeast Corporations 1-1000 |
| 1:2010cv02202 |
| July 16, 2010 |
| US District Court for the Northern District of Georgia |
| Amy Totenberg |
| Qui Tam (31 U.S.C. 3729(a)) |
| 31 U.S.C. § 3729 False Claims Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 18, 2023. A more recent docket listing may be available from PACER.
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Filing 105
ORDER GRANTING the parties' #104 Stipulation for an extension. Defendant's new deadline to file an answer or otherwise respond is hereby extended to November 30, 2023. Further, as the parties are working towards a potential resolution of this matter (and have been for some months now), the Court ADMINISTRATIVELY CLOSES the case pending the outcome of these settlement discussions. If the Parties efforts to resolve this matter are unsuccessful as of the November 30, 2023 deadline, they should move to reopen the case at that time. Signed by Judge Amy Totenberg on 10/18/23. (jpa)
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| Civil Case Terminated. (jpa) |
| Set Deadlines/Hearings: Quest Diagnostics, Inc. answer due 11/30/2023. (jpa) |
| Filing 104 STIPULATION to Amend Consent Order Regarding Briefing Schedule by Quest Diagnostics, Inc.. (Attachments: #1 Text of Proposed Order)(Paulhus, Michael) |
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Filing 103
STIPULATED HIPPA Qualified ORDER. Signed by Judge Amy Totenberg on 9/8/2023. (dob)
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Filing 102
ORDER amending Consent Order regarding Briefing Schedule. Quest Diagnostics, Inc. answer due 10/23/2023. Signed by Judge Amy Totenberg on 9/8/2023. (dob)
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| Filing 101 Joint MOTION for Protective Order with Brief In Support by Quest Diagnostics, Inc.. (Attachments: #1 Text of Proposed Order)(Paulhus, Michael) |
| Filing 100 STIPULATION to Amend Consent Order Regarding Briefing Schedule by Quest Diagnostics, Inc.. (Attachments: #1 Text of Proposed Order)(Paulhus, Michael) |
| Filing 99 NOTICE by United States of America, ex rel. to Withdraw Counsel (Attachments: #1 Text of Proposed Order)(Ben-David, Neeli) |
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Filing 98
ORDER TO EXTEND TIME for Defendant to file its responsive pleading or otherwise move in response to Relator's #80 Fourth Amended Complaint to 9/22/023. Signed by Judge Amy Totenberg on 7/11/2023. (dob)
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| Filing 97 JOINT STIPULATION to Amend Consent Order Regarding Briefing Schedule by Quest Diagnostics, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Paulhus, Michael) Modified on 7/11/2023 to remove upper case lettering (dob). |
| Filing 96 NOTICE of Appearance by Frank T. Bayuk on behalf of Barbara Senters (Bayuk, Frank) |
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Filing 95
CONSENT ORDER setting deadline for Defendant to file its responsive pleading or otherwise move for 7/14/2023 Signed by Judge Amy Totenberg on 6/1/2023. (dob)
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| Filing 94 PROPOSED CONSENT ORDER regarding Briefing Schedule re: #93 Telephone Conference,. (Paulhus, Michael) |
| Filing 93 Minute Entry for proceedings held before Judge Amy Totenberg: Telephone Conference held on 5/30/2023. The parties will file a proposed consent order on the briefing schedule for Defendant's expected motion to dismiss the Amended Complaint. (Court Reporter Shannon Welch)(dob) |
| Filing 92 NOTICE of Appearance by Christopher Lambden on behalf of Barbara Senters (Lambden, Christopher) |
| Filing 91 NOTICE of Appearance by David Lewis Balser on behalf of Quest Diagnostics, Inc. (Balser, David) |
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ORDER, by docket entry only, granting #89 Motion for Leave to File Matters Under Seal. Ordered by Judge Amy Totenberg on 3/8/23. (hfm)
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| Submission of #89 Joint MOTION for Leave to File Matters Under Seal re: #88 Notice of Filing , to District Judge Amy Totenberg. (hfm) |
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Filing 90
ORDER staying deadlines. Deadlines will be determined in a future status conference. Signed by Judge Amy Totenberg on 2/14/2023. (dob)
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| NOTICE SCHEDULING TELEPHONE PROCEEDING by docket entry only: Status Conference set for 5/30/2023 at 10:30 AM before Judge Amy Totenberg. Connection Instructions: Please Call 1-888-684-8852. Access Code 7001576#. You must follow the instructions of the Court for remote proceedings available #here. The procedure for filing documentary exhibits admitted during the proceeding is available #here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (hfm) |
| Filing 89 Joint MOTION for Leave to File Matters Under Seal re: #88 Notice of Filing by Quest Diagnostics, Inc.. (Attachments: #1 Text of Proposed Order)(Boswell, James) |
| Filing 88 SEALED NOTICE Of Filing by Quest Diagnostics, Inc. re #87 Stipulation to Stay Deadlines (Attachments: #1 Exhibit A)(Boswell, James) Modified on 3/8/2023 (hfm). |
| Filing 87 STIPULATION to Stay Deadlines by Quest Diagnostics, Inc.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Boswell, James) |
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ORDER, by docket entry only, granting #86 Motion for Extension of Time to Answer. Quest Diagnostics, Inc. Answer due 2/14/2023. Additionally, should defendant file a motion to dismiss, the response brief shall be due on or before March 16, 2023. Ordered by Judge Amy Totenberg on 12/14/22. (hfm)
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| Filing 86 Joint MOTION for Extension of Time to File Answer re #80 Amended Complaint, or otherwise move in response, Joint MOTION for Extension of Time to respond to defendant's motion to dismiss by Quest Diagnostics, Inc.. (Paulhus, Michael) |
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ORDER, by docket entry only, granting #84 Application for Admission Pro Hac Vice. Ordered by Judge Amy Totenberg on 11/18/22. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(hfm)
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ORDER, by docket entry only, GRANTING #85 Motion for Extension of Time to Answer. Quest Diagnostics, Inc. Answer due December 14, 2022, re #80 Amended Complaint. #85 Motion for Extension of Time GRANTED. Plaintiff shall have through and including January 11, 2023, to file a response to a motion to dismiss. Ordered by Judge Amy Totenberg on 11/17/22. (hfm)
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| APPROVAL by Clerks Office re: #84 APPLICATION for Admission of Ethan P. Davis Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12198636). Attorney Ethan P. Davis added appearing on behalf of Quest Diagnostics, Inc. (pdt) |
| Filing 85 Joint MOTION for Extension of Time to file responsive pleading or move in response to Relator's #80 Amended Complaint, MOTION for Extension of Time to Respond to Motion to Dismiss by Quest Diagnostics, Inc.. (Boswell, James) Modified on 11/17/2022 (hfm). |
| Filing 84 APPLICATION for Admission of Ethan P. Davis Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12198636).by Quest Diagnostics, Inc.. (Paulhus, Michael) Documents for this entry are not available for viewing outside the courthouse. |
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Filing 83
ORDER granting #82 Motion for Extension of Time to File Answer, Quest Diagnostics, Inc. Answer due 11/16/2022; granting #82 Motion for Extension of Time to respond to Motion to Dismiss to December 14, 2022. Signed by Judge Amy Totenberg on 10/25/2022. (dob)
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| Notification of Docket Correction re #82 Motion for Extension of Time to File Answer MOTION for Extension of Time. Pleading filed as single part motion; should be multi part motion. Clerk made necessary changes. (dob) |
| Filing 82 Joint MOTION for Extension of Time File Answer to #80 Amended Complaint; Motion for Extension of time to Respond to #50 Motion to Dismiss by Quest Diagnostics, Inc. and Barbara Senters. (Attachments: #1 Text of Proposed Order Proposed Order Granting Extension of Time)(Paulhus, Michael) Modified on 10/25/2022 to edit event and add applicable link and applicable file (dob). Added MOTION for Extension of Time on 10/25/2022 (dob). |
| Filing 81 Consent to Withdrawal Elizabeth M. Brooks as Counsel by Barbara Senters (Brooks, Elizabeth) Modified on 10/18/2022 to edit event selected (dob). |
| Filing 80 Fourth AMENDED COMPLAINT against Quest Diagnostics, Inc.with Jury Demand filed by Barbara Senters. (Attachments: #1 Exhibit A - Quest Diagnostics Test Order Policy, 2004)(Moore, Michael) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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Filing 79
ORDER granting #78 Joint MOTION for Extension of Time File Amended Complaint to 10/5/2022 and an extension of the deadline for Defendant to file its responsive pleading to the amended complaint to 11/2/2022. Signed by Judge Amy Totenberg on 9/16/2022. (dob)
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| Filing 78 Joint MOTION for Extension of Time File Amended Complaint re: #77 Order on Motion to Dismiss for Failure to State a Claim, by Barbara Senters. (Attachments: #1 Text of Proposed Order Proposed Order Granting Extension of Time)(Pratt, Bradley) |
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Filing 77
ORDER granting #50 Motion to Dismiss for Failure to State a Claim; dismissing without prejudice the Third Amended Complaint. Relator may file her amended complaint to address the issues discussed herein within 21 days of the date of this Order. Signed by Judge Amy Totenberg on 8/31/2022. (dob)
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| Filing 76 NOTICE of Appearance by Elizabeth Manley Brooks on behalf of Barbara Senters (Brooks, Elizabeth) |
| Filing 75 TRANSCRIPT of Proceedings held on April 6, 2022, before Judge Amy Totenberg. Court Reporter/Transcriber Denise M. Stewart. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Tape Number: 1. 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. Redaction Request due 6/9/2022. Redacted Transcript Deadline set for 6/21/2022. Release of Transcript Restriction set for 8/17/2022. (Attachments: #1 Affidavit Notice of Filing Transcript) (dms) |
| Filing 74 TRANSCRIPT of Proceedings held on April 6, 2022, before Judge Amy Totenberg. Court Reporter/Transcriber Denise M. Stewart. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. 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. Fed.R.App.P. 11 Certification due on 5/31/2022 Redaction Request due 6/6/2022. Redacted Transcript Deadline set for 6/16/2022. Release of Transcript Restriction set for 8/15/2022. (dms) |
| Filing 73 NOTICE by Barbara Senters re #62 Notice (Other) of Withdrawal of Attorney's Lien Pursuant to O.C.G.A.15-19-14 (Hirsch, Jay) |
| Filing 71 CERTIFICATE of Compliance (Boswell, James) |
| Filing 72 Minute Entry for proceedings held before Judge Amy Totenberg: Telephone Conference held on 4/6/2022. See Transcript (Court Reporter Denise Stewart)(vs) |
| Filing 70 CERTIFICATE of Compliance of Counsel for Plaintiffs-Relator (Pratt, Bradley) |
| Filing 69 NOTICE of Appearance by Bradley W. Pratt on behalf of Barbara Senters (Pratt, Bradley) |
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Docket entry staying #50 Motion to Dismiss for Failure to State a Claim, ruled on within the #68 Order. Entered by Judge Amy Totenberg on 3/28/22. (hfm)
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Filing 68
ORDER STAYING Defendant's #50 Motion to Dismiss pending oral argument and the Court's evaluation of the relevant issues. Signed by Judge Amy Totenberg on 3/28/2022. (anc)
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| Filing 67 SURREPLY BRIEF in Opposition re #50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Barbara Senters. (hfm) |
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ORDER, by docket entry only, granting #60 Motion for Leave to File Surreply and granting #56 Motion for Oral Argument re #50 Motion to Dismiss. Motion Hearing set for 4/6/2022 at 02:30 PM in ATLA Courtroom 2308 before Judge Amy Totenberg. Entered by Judge Amy Totenberg on 3/14/22. (hfm)
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| Submission of #50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #56 MOTION for Oral Argument, #60 MOTION for Leave to File Limited Sur-Reply Brief, to District Judge Amy Totenberg. (ddm) |
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Filing 66
ORDER OF RECUSAL. Judge Steve C. Jones recused. Case reassigned to Judge Amy Totenberg for all further proceedings. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:10-CV-2202-AT. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Steve C. Jones on 12/20/2021. (ddm)
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Filing 65
ORDER granting the Motion for Leave to Withdraw as Counsel for Plaintiff-Relator Barbara Senters #61 . The following attorneys are withdrawn as counsel of record for Plaintiff-Relator: Jay F. Hirsch, Kimberly J. Johnson, and Courtney L. Mohammadi and the firm Pope McGlamry. The additional request for permission of said attorneys to remain on the CM/ECF service list to further the enforcement of their attorney's lien is granted. Signed by Judge Steve C. Jones on 11/09/2021. (ddm)
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| Submission of #60 MOTION for Leave to File Limited Sur-Reply Brief, #61 MOTION to Withdraw Jay Forbes Hirsch as Attorney, to District Judge Steve C. Jones. (ddm) |
| Filing 64 REPLY to Response to Motion re #60 MOTION for Leave to File Limited Sur-Reply Brief Reply filed by Barbara Senters. (Moore, Michael) |
| Filing 63 RESPONSE in Opposition re #60 MOTION for Leave to File Limited Sur-Reply Brief filed by Quest Diagnostics, Inc.. (Boswell, James) |
| Filing 62 NOTICE by Barbara Senters of Attorney Lien Pursuant to O.C.G.A. 15-19-14 (Hirsch, Jay) |
| Filing 61 MOTION to Withdraw Jay Forbes Hirsch, Kimberly J. Johnson, and Courtney L. Mohammadi as Attorneys, with Brief In Support, by Barbara Senters. (Hirsch, Jay) Modified on 8/23/2021 to edit docket entry (ddm). |
| Filing 60 MOTION for Leave to File Limited Sur-Reply Brief by Barbara Senters. (Attachments: #1 Brief Ex. A - Relator's Limited Sur-Reply in Opposition to Defendant's Motion to Dismiss)(Moore, Michael) |
| Submission of #50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #56 MOTION for Oral Argument, to District Judge Steve C. Jones. (ddm) |
| Filing 59 REPLY BRIEF re #50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Quest Diagnostics, Inc.. (Boswell, James) |
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Filing 58
SCHEDULING ORDER approving the parties' #57 Joint Preliminary Report and Discovery Plan. The parties are hereby assigned to a 10 Month discovery track that includes seven months of fact discovery, followed by three months of expert discovery. Considering the lengthy discovery period, no discovery extensions should be requested absent extraordinary circumstances. Discovery shall begin in accordance with the applicable rules of civil procedure, after the Court's ruling on the pending motion to dismiss #50 and an answer is filed. Signed by Judge Steve C. Jones on 7/15/2021. (ddm)
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| Filing 57 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Quest Diagnostics, Inc.. (Boswell, James) |
| Filing 56 MOTION for Oral Argument re #55 Response in Opposition to Motion by Barbara Senters. (Moore, Michael) |
| Filing 55 RESPONSE in Opposition re #50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Barbara Senters. (Moore, Michael) |
| Filing 54 NOTICE Of Filing Amended Proposed Order Dismissing Relator's Third Amended Complaint by Quest Diagnostics, Inc. re #50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: #1 Amended Proposed Order)(Boswell, James) |
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Filing 53
ORDER directing the Clerk to unseal the Notice of the State of Georgia's Election to Decline Intervention #36 . The Relator shall serve a copy of this Order and the Notice of the State of Georgia's Election to Decline Intervention #36 on Defendant. The parties shall serve all pleadings and motions filed in this action, including supporting memoranda, upon the State of Georgia. The State of Georgia is entitled to intervene in this action, for good cause, at any time. Copies of all Orders entered by this Court in this case shall be sent to the State of Georgia. Should the Relator or Defendant propose that this action be dismissed, settled, or otherwise discontinued, the Court will solicit the written consent of the State of Georgia before ruling or granting its approval. Signed by Judge Steve C. Jones on 6/25/2021. (ddm)
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Filing 52
ORDER granting #51 Relator Senters' Unopposed Motion for Extension of Time, through and until July 9, 2021, to respond to #50 Defendant's Motion to Dismiss to Dismiss her Third Amended Complaint. Signed by Judge Steve C. Jones on 6/22/2021. (ddm)
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| Filing 51 Unopposed MOTION for Extension of Time File Response re: #50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Barbara Senters. (Attachments: #1 Text of Proposed Order proposed order)(Moore, Michael) |
| Filing 50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Quest Diagnostics, Inc.. (Attachments: #1 Text of Proposed Order, #2 Brief Memorandum of Law in Support of Motion to Dismiss, #3 Exhibit A, #4 Exhibit B, #5 Affidavit Declaration of Richard B. Lethgo)(Boswell, James) |
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Filing 49
ORDER granting #48 Defendant Quest Diagnostics, Inc.'s Unopposed Motion for Extension of Time, through and until June 11, 2021, to respond to #37 Relator's Third Amended Complaint. Signed by Judge Steve C. Jones on 5/26/2021. (ddm)
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| Filing 48 Unopposed MOTION for Extension of Time to File Answer re #37 Amended Complaint, by Quest Diagnostics, Inc.. (Attachments: #1 Text of Proposed Order)(Boswell, James) |
| Filing 47 Certificate of Interested Persons by Quest Diagnostics, Inc.. (Boswell, James) |
| Filing 46 NOTICE of Appearance by Stephanie Fuller Johnson on behalf of Quest Diagnostics, Inc. (Johnson, Stephanie) |
| Filing 45 NOTICE of Appearance by Jennifer Simmen Lewin on behalf of Quest Diagnostics, Inc. (Lewin, Jennifer) |
| Filing 44 NOTICE of Appearance by Michael Edward Paulhus on behalf of Quest Diagnostics, Inc. (Paulhus, Michael) |
| Filing 43 NOTICE of Appearance by James W. Boswell, III on behalf of Quest Diagnostics, Inc. (Boswell, James) |
| Filing 42 Certificate of Interested Persons by Barbara Senters. (Moore, Michael) |
| Filing 41 Waiver of Service Returned Executed - Defendant Quest Diagnostics, Inc. by Barbara Senters (Moore, Michael) Modified on 4/9/2021 (rjc). |
| Filing 40 Waiver of Service Returned Executed as to Quest Diagnostics, Inc., filed by Barbara Senters. (Moore, Michael) Modified on 4/9/2021 (rjc). |
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Filing 39
ELEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/09/2021 (ddm) (ADI)
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Filing 38
ORDER: It is ORDERED that this case is opened and placed on the activedocket. Signed by Judge Steve C. Jones on 2/22/2021. (rjs)
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| Filing 37 THIRD AMENDED COMPLAINT against Quest Diagnostics, Inc. with Jury Demand filed by United States of America, ex rel., The State of Georgia, ex rel., Barbara Senters.(rjs) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
| Filing 36 NOTICE of The State of Georgia's Election to Decline to Intervene. (Attachments: #1 Proposed Order)(jpa) |
| Filing 25 NOTICE of the United States of America, ex rel. of Election to Decline to Intervene. (jpa) |
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