United States ex rel. et al v. Georgia Cancer Specialists I, P.C. et al
| United States ex rel., Natalie Raven, Christy Curtis, State of Georgia ex rel. and LOUIS COHEN |
| Georgia Cancer Specialists I, P.C., Amedisys, Inc., American Homecare Supply IV Georgia, LLC, Air Products Healthcare Southeast, LLC, E. Phillip Stone, Option Care Enterprises, Inc. and Air Products and Chemicals, Inc. |
| G. Mark Simpson and Simpson Law Firm, LLC |
| 1:2011cv00994 |
| March 29, 2011 |
| US District Court for the Northern District of Georgia |
| Charles A Pannell |
| Other Fraud |
| 31 U.S.C. § 3729 False Claims Act |
| Plaintiff |
Docket Report
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Filing 416
ORDER GRANTING #414 Motion to Seal Document. The #409 Motion for Allocation of Attorneys' Fees and to Require Fees to be Deposited with the Court, together with the supporting brief and exhibits thereto #409 -1, shall be placed under seal. Signed by Judge Charles A. Pannell, Jr. on 5/31/2022. (tcc)
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| Filing 415 Withdrawal of #409 MOTION for Allocation of Attorneys' Fees filed by G. Mark Simpson, Simpson Law Firm, LLC. (tcc) |
| Filing 414 First MOTION to Seal Document #409 MOTION for Allocation of Attorneys' Fees by Simpson Law Firm, LLC. (Attachments: #1 Text of Proposed Order)(Rawlings, Thomas) |
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Filing 413
ORDER - The court hereby APPROVES the stipulation extending time [Doc. No. #412 ]. Louis J. Cohen shall have until June 2, 2022, to respond to the Motion for Attorney's Fees [Doc. No. #409 ]. Signed by Judge Charles A. Pannell, Jr. on 5/17/2022. (tcc)
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| Filing 412 STIPULATION re #409 MOTION for Attorney Fees Allocation to Extend Time to Respond by LOUIS COHEN. (Cohen, Louis) |
| Filing 411 CERTIFICATE OF SERVICE re #409 MOTION for Attorney Fees Allocation, #408 Notice of Appearance, #410 Notice of Appearance by G. Mark Simpson.(Rawlings, Thomas) |
| Filing 410 NOTICE of Appearance by Deborah Ann Ausburn on behalf of G. Mark Simpson, Simpson Law Firm, LLC (Ausburn, Deborah) |
| Filing 409 (SEALED PER #416 ORDER) MOTION for Allocation of Attorneys' Fees with Brief In Support by G. Mark Simpson, Simpson Law Firm, LLC. (Attachments: #1 Brief In support of Motion for Allocation of Attorney's Fees)(Rawlings, Thomas) Modified on 5/31/2022 (tcc). |
| Filing 408 NOTICE of Appearance by Thomas C. Rawlings on behalf of G. Mark Simpson and Simpson Law Firm, LLC (Rawlings, Thomas) Modified on 5/5/2022 to correct filers(bgt). |
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Filing 407
ORDER - The court hereby APPROVES the stipulation of dismissal. [Doc. No. #406 ]. All claims by the relators against GCS in this action are DISMISSED WITH PREJUDICE pursuant to and consistent with the terms and conditions of the settlement agreement. All claims by the United States against GCS for the Covered Conduct are DISMISSED WITH PREJUDICE pursuant to and consistent with the terms and conditions of the settlement agreement. All claims by the United States against GCS not for the Covered Conduct are DISMISSED WITHOUT PREJUDICE pursuant to and consistent with the terms and conditions of the settlement agreement. The court retains jurisdiction to enforce the terms of the settlement agreement, pursuant to and consistent with the terms and conditions of the settlement agreement. Signed by Judge Charles A. Pannell, Jr. on 2/9/2022. (tcc)
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| Filing 406 STIPULATION of Dismissal of Civil Action by Christy Curtis, Natalie Raven. (Cohen, Louis) |
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Filing 405
ORDER - The court hereby REMOVES this case from the February 8, 2022, trial calendar. As the parties have reached a settlement, the clerk is DIRECTED to administratively close this case. The parties SHALL file the appropriate stipulation of dismissal after the settlement has been finalized and approval of the settlement has been received from the United States. The parties shall have the right to move to reopen this action within six months of the date of this order should the settlement not be finalized or approved by the government. Signed by Judge Charles A. Pannell, Jr. on 1/6/2022. (tcc)
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| Filing 404 Minute Entry for proceedings held before Judge Charles A. Pannell, Jr.: Telephone Conference held on 1/6/2022. (Court Reporter Geraldine Glover) (sap) |
| Civil Case Terminated. (tcc) |
| Filing 403 NOTICE by Georgia Cancer Specialists I, P.C. Regarding February 8, 2022 Trial Date (Garland, Edward) |
| Filing 402 NOTICE by Georgia Cancer Specialists I, P.C. Regarding February 8, 2022 Trial Date (Garland, Edward) |
| Filing 401 NOTICE by Christy Curtis, Natalie Raven Regarding February 8, 2022 Trial Date (Simpson, Gregory) |
| NOTICE OF HEARING: A Telephone Conference is SCHEDULED for 1/6/2022 at 11:30 AM before Judge Charles A. Pannell Jr. (sap) |
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Filing 400
ORDER DIRECTING the parties to file a report by no later than 9:00 AM on Thursday, January 6, 2022, informing the court on their preparedness to proceed to trial on the rescheduled trial date of February 8, 2022. Each side may file its own report. Signed by Judge Charles A. Pannell, Jr. on 1/4/2022. (acm)
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| Filing 399 Certificate of Consent for Withdrawal as Counsel for Defendant by Georgia Cancer Specialists I, P.C.. (Romano, Donald) |
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Filing 398
ORDER: The trial scheduled to begin on September 14, 2021 is CONTINUED to a date to be determined and the pretrial conference that was scheduled for August 31,2021 is CANCELLED. Counsel are required to file any leaves of absence on the docket. The parties #396 and #397 motions to bring electronic equipment into the courthouse for the pretrial conference and trial are hereby DENIED AS MOOT. The parties may refile new motions to that effect closer to the rescheduled trial date. Signed by Judge Charles A. Pannell, Jr. on 8/26/2021. (sap)
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| (Contained w/in Dkt. No. #397 ) Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom by Georgia Cancer Specialists I, P.C.. (tcc) |
| Filing 397 PROPOSED ORDER Proposed Order re trial equipment and early entrance. (Attachments: #1 Text of Proposed Order Proposed Order re trial equipment and early entrance)(Mackenzie, David) |
| Filing 396 Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom by Christy Curtis, Natalie Raven. (Attachments: #1 Text of Proposed Order)(Simpson, Gregory) |
| Filing 395 Proposed Jury Instructions by Christy Curtis, Natalie Raven Objection to GCS's Proposed Jury Instruction No. 34. (Attachments: #1 Exhibit 1 - Shah charge)(Simpson, Gregory) |
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Filing 394
ORDER regarding the topics of discussion during the second pretrial conference held by the court on Thursday, August 5, 2021. [Doc. No. #391 ]. GCS's motion to amend the proposed consolidated pretrial order is GRANTED. [Doc. No. #387 ]. The court will hold a third pretrial conference at 10:30 AM on August 31, 2021, in Courtroom 2307. The courtroom deputy clerk will be available immediately following conclusion of the hearing to train counsel on the court's available technology. Counsel are REQUIRED to bring their laptops with them for use during this training session. Signed by Judge Charles A. Pannell, Jr. on 8/11/2021. (tcc)
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| Filing 393 Requests to Charge and Proposed Jury Instructions by Georgia Cancer Specialists I, P.C. . (Huff, Daniel) |
| Filing 392 NOTICE by Georgia Cancer Specialists I, P.C. re Conflict Letter (Huff, Daniel) |
| Filing 391 Minute Entry for proceedings held before Judge Charles A. Pannell, Jr.: Second Pretrial Conference held with counsel on 8/5/2021. (Court Reporter Andy Ashley)(tcc) |
| Filing 390 NOTICE by Georgia Cancer Specialists I, P.C. Certificate of Consent to Withdraw as Counsel (Mackenzie, David) Modified on 8/5/2021, QC email sent to counsel re Section I.B of the Administrative Procedures. (tcc). |
| NOTICE setting Trial: A Jury Trial is SCHEDULED for 9/14/2021 at 01:30 PM in ATLA Courtroom 2307 before Judge Charles A. Pannell Jr. (sap) |
| Filing 389 NOTICE of Appearance by Sarah Elizabeth Akinosho on behalf of Georgia Cancer Specialists I, P.C. (Akinosho, Sarah) |
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Filing 388
ORDER - Trial in this matter is set to begin on September 15, 2021.1 The court will hold a conference with the parties on Thursday, August 5, 2021, at 1:30PM in Courtroom 2307. The court understands that many of the attorneys are located out-of-state. The court therefore will allow counsel to participate in the conference via Zoom. If any counsel intends to participate via Zoom, he or she must notify the courtroom deputy clerk of such by no later than 4:00 PM on Monday, August 2, 2021. In preparation for the conference, the court has compiled the following list of topics to be discussed with the parties: SEE ORDER. If either side has any topics or disputes that are not included on the list above which they contend should be discussed at the conference on August 6, 2021, they must submit a statement (with accompanying description) to that effect to the courtroom deputy clerk via email by 11:00 AM on Monday, August 2, 2021. Signed by Judge Charles A. Pannell, Jr. on 7/29/2021. (tcc)
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| Filing 387 MOTION to Amend #343 Proposed Pretrial Order, by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Text of Proposed Order)(Mackenzie, David) |
| Filing 386 NOTICE of Appearance by David Donald Mackenzie, Daniel J. Huff, Thomas Scott Carlock, Edward T. M. Garland on behalf of Georgia Cancer Specialists I, P.C. (tcc) |
| Filing 385 NOTICE of Appearance by Daniel J. Huff on behalf of Georgia Cancer Specialists I, P.C. (Huff, Daniel) |
| Filing 384 NOTICE of Appearance by David Donald Mackenzie on behalf of Georgia Cancer Specialists I, P.C. (Mackenzie, David) |
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Filing 383
ORDER - The court has decided to specially set the trial in this action to begin on September 13, 2021. The court will hold a second pretrial conference on a date to be determined closer to the trial date. No attorneys have noticed leave for any dates in September 2021. Given that trial in this matter has already been delayed for approximately a year, and that this is a special setting, the court will not grant any continuance of this trial date except for a very good reason. The court does understand, however, that the situation with the COVID-19 pandemic is fluid and constantly evolving. Before incurring expenses related to the trial and the pretrial conference, counsel are encouraged to contact the courtroom deputy clerk to verify the hearings remain on the court's calendar. Signed by Judge Charles A. Pannell, Jr. on 4/9/2021. (tcc)
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Filing 382
ORDER - The court hereby GRANTS the relators' supplemental motion in limine. [Doc. No. #362 ]. The relators' motion to preclude evidence, or any reference to, the government's decision not to intervene in this action, as well as the government's absence from trial is GRANTED. The relators' motion to exclude any evidence of, or reference to, the fact that the False Claims Act provides for treble damages and penalties for each false claim, or that it allows a successful relator to recover reasonable attorneys' fees, expenses, and costs is GRANTED. The relators' motion to preclude evidence or any reference to the familial relationship between Raven and Cohen is GRANTED. The relators' request that the court impose sanctions on GCS is DENIED at this time, however, GCS counsel are REMINDED that they have a duty to both this court and opposing counsel, and the court expects them to adhere to it. Signed by Judge Charles A. Pannell, Jr. on 3/30/2021. (tcc)
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Filing 381
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 380 NOTICE Of Filing Substitute Jury Instructions No. 6 and 8 by Christy Curtis, Natalie Raven re #347 Proposed Jury Instructions (Attachments: #1 Relators' Proposed Instructions No. 6 and 8)(Simpson, Gregory) |
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Filing 379
TENTH 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 01/27/2021. (rvb) (ADI)
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Filing 378
NINTH 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 12/08/2020. (rvb) (ADI)
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Filing 377
EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (rvb) (ADI)
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Filing 376
SEVENTH 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 9/1/2020. (rvb) (ADI)
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Filing 375
ORDER - This matter is before the court on the relators' motion to amend their exhibit list to add documents recently produced by the defendant Georgia Cancer Specialists ("GCS"). [Doc. No. #374 ]. GCS does not oppose the motion. [Id. at 1]. The court hereby GRANTS said motion. The relators may amend their exhibit list to add the following two exhibits: Exhibit 214 Unredacted 10/31/02 email with attachment (GCS-0002439-2481); Exhibit 215 Redacted 10/31/02 email (GCS-0002439) GCS is not precluded from asserting objections to the admissibility of these exhibits. Signed by Judge Charles A. Pannell, Jr. on 8/20/2020. (tcc)
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| Filing 374 MOTION Amend Exhibit List to Add Newly-Produced Documents by Christy Curtis, Natalie Raven. (Attachments: #1 Exhibit A, #2 Exhibit B)(Simpson, Gregory) |
| Filing 373 RESPONSE re #372 Stipulation filed by Christy Curtis, Natalie Raven. (Simpson, Gregory) |
| Filing 372 STIPULATION and Proposed Jury Instructions by Georgia Cancer Specialists I, P.C.. (Burnette, Jeremy) |
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Filing 371
SIXTH 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 08/03/2020. (mmc) (ADI)
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Filing 370
ORDER - This matter is before the court on the parties' joint motion to extend the deadline for submission of their joint trial stipulations and proposed jury instructions. [Doc. No. #369 ]. For good cause shown, the motion is hereby GRANTED. The deadline for the parties to submit their trial stipulations and proposed jury instructions is extended to August 17, 2020. Signed by Judge Charles A. Pannell, Jr. on 7/16/2020. (tcc)
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| Filing 369 Joint MOTION for Extension of Time re: #358 Order on Motion in Limine, #357 Order on Motion in Limine,,,,,,,,,,,,,,,,,,, to File Stipulations and Proposed Jury Instructions by Georgia Cancer Specialists I, P.C.. (Burnette, Jeremy) |
| Filing 368 NOTICE by Christy Curtis, Natalie Raven Regarding Protective Order (Simpson, Gregory) |
| Submission of #362 Supplemental MOTION in Limine , to District Judge Charles A. Pannell Jr.. (tcc) |
| Filing 367 REPLY to Response to Motion re #362 Supplemental MOTION in Limine filed by Christy Curtis, Natalie Raven. (Simpson, Gregory) |
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Filing 366
FIFTH 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 7/10/2020 (rvb) (ADI)
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Filing 365
ORDER - Trial in this matter is currently scheduled to begin on August 10, 2020. The parties anticipate they will need approximately eight days of trial just to submit their evidence. [Doc. No. #343 at 10]. Given the challenges of selecting a jury and holding a trial during the current COVID-19 pandemic, the court anticipates that the trial will last longer than the standard two-week jury term. As noted in the chief judge's fourth amendment to General Order 20-01, the average number of COVID-19 cases reported each day in Georgia remains high and the state of emergency as declared by the president remains in effect. [Doc. No. #363 ]. Accordingly, the court hereby CONTINUES the trial date in this action to a date to be determined. The court will continue to monitor the data provided by the Georgia Department of Public Health as it attempts to determine a date when this case may proceed to trial. Counsel are required to file any leaves of absence on the docket. See Local Rule 83.1(E)(4), NDGa. Signed by Judge Charles A. Pannell, Jr. on 7/6/2020. (tcc)
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| Filing 364 RESPONSE in Opposition re #362 Supplemental MOTION in Limine filed by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Exhibit Exhibit A)(Surgeon, Naim) |
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Filing 363
FOURTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 07/01/2020. (mmc) (ADI)
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| Filing 362 Supplemental MOTION in Limine with Brief In Support by Christy Curtis, Natalie Raven. (Attachments: #1 Brief, #2 Exhibit 1 - Armfield order, #3 Exhibit 2 - Williams order, #4 Exhibit 3 - email chain, #5 Exhibit 4 - PTC transcript, #6 Exhibit 5 - Interrogatory response, #7 Exhibit 6 - hearing transcript, #8 Exhibit 7 - various emails, #9 Exhibit 8 - Welch Dep., #10 Exhibit 9 - various emails, #11 Exhibit 10 - various emails, #12 Exhibit 11 - Akerman press release, #13 Exhibit 12 - email)(Simpson, Gregory) |
| Filing 361 TRANSCRIPT of the Pretrial Conference by Zoom Hearing Proceedings held on June 11, 2020, before Judge Charles A. Pannell, Jr. Court Reporter/Transcriber Andy Ashley. 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. Redaction Request due 7/8/2020. Redacted Transcript Deadline set for 7/20/2020. Release of Transcript Restriction set for 9/15/2020. (Attachments: #1 Notice of Filing of Official Transcript) (kac) |
| Filing 360 Minute Entry for proceedings held before Judge Charles A. Pannell, Jr.: Pretrial Conference held on 6/11/2020. The court held a pretrial conference with counsel. Trial in this case is scheduled for August 10, 2020 and the court will notify counsel by July 17, 2020 as to whether the trial will proceed on that date. Counsel estimates that the total trial time will be 9-10 days. The court advised counsel that any trial over two weeks requires a special draw of jurors. So, if counsel can try the case within two weeks, then the trial will be timed and each side will be given 19 hours to present their evidence. After discussing the parties' proposed voir dire questions, defendant's counsel requested permission to submit a joint stipulation to define a qui tam action that can be provided to the jurors. The court approved the request. Argument was then heard regarding the plaintiffs' objection to the defendant's jury instructions. Plaintiffs' counsel stated that the instructions contradict an agreement made between the parties in email and the parties proposed pretrial order [Doc. No. #343 , 2]. Defendant's counsel stated that they do not deny that an agreement was made or that the agreement was made to motions in limine only, however they want an opportunity to stipulate as to why the government is not present at the trial. The court ruled that it will allow the plaintiffs to file motions in limine on the following three items: (i) the government's nonintervention or absence from trial, (ii) the fact that the False Claims Act provides for treble damages and penalties, or that it allows a successful relator to recover attorneys fees, expenses, and costs, or (iii) the familial relationship between Relator Natalie Raven and Relators counsel Louis Cohen. Plaintiffs' counsel is to file these motions within a week and time will be allowed under the rule for the defendant to respond. The court discussed the parties' proposed verdict form. Defendant's counsel advised the court of their intention to file a motion to revise the verdict form, however plaintiffs' counsel stated that they do not consent to any revision. The court then discussed whether the parties' will be providing a chart to the jurors regarding their demonstrative exhibits. Each side is to exchange their charts and make any objections prior to trial. The court stated that it recently made a ruling excluding the opinion of the plaintiff's rebuttal expert at trial but will allow the plaintiffs to file a motion for reconsideration regarding that ruling. (Court Reporter Andy Ashley)(tcc) |
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Filing 359
ORDER DENYING Georgia Cancer Specialists I, P.C.'s #356 Emergency motion for leave to amend its answer, proposed jury instructions, and response to the relators' motion in limine to preclude reference to the advice of counsel. Signed by Judge Charles A. Pannell, Jr. on 6/10/2020. (sap)
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Filing 358
ORDER GRANTING IN PART AND DENYING IN PART Georgia Cancer Specialists I, P.C.'s #311 Consolidated Motion in Limine. See order for more details. Signed by Judge Charles A. Pannell, Jr. on 6/10/2020. (sap)
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Filing 357
ORDER: The Relators' #306 Motion in Limine to prohibit GCS's fair market value expert from referencing UMHS study or his lay opinion as to how long it should take to coordinate a referral is GRANTED IN PART AND DENIED IN PART, #307 Motion in Limine to preclude reference to advice of counsel is GRANTED, #308 Motion in Limine to preclude reference to post-termination payment is DENIED, #309 Motion in Limine to preclude reference to medical necessity or character evidence is GRANTED IN PART, and #310 Motion in Limine to preclude reference to dismissed claims is GRANTED IN PART AND DENIED IN PART. The parties are DIRECTED to adhere to the court's instructions, supra, regarding stipulations. Signed by Judge Charles A. Pannell, Jr. on 6/10/2020. (sap)
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| Filing 356 Emergency MOTION to Amend #124 Answer to Amended Complaint, #346 Proposed Jury Instructions, #317 Response in Opposition to Motion in Limine to Preclude Reference to Advice of Counsel, First MOTION for Leave to File to Add the Affirmative Defense of Advice of Counsel Regarding Option Care Enterprises, Inc. with Brief In Support by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Exhibit Declaration of Sidney Welch, #2 Exhibit GCS0002439-91, #3 Exhibit GCS0002482, #4 Exhibit GCS0002483-85, #5 Exhibit GCS' 2d Supp RFP Responses, #6 Exhibit GCS' 2d Supp Interrogatory Responses)(al-Taie, Ferdose) |
| Clerk's Entry of Dismissal APPROVING #355 Notice of Voluntary Dismissal as to Air Products Healthcare Southeast, LLC pursuant to Fed.R.Civ.P.41(a)(1)(A)(i). (tcc) |
| Filing 355 NOTICE of Voluntary Dismissal as to Air Products Healthcare Southeast, LLC filed by Christy Curtis, Natalie Raven (Simpson, Gregory) |
| Filing 354 Notice of Court Ordered Sealed Filing of Exhibit to Reply Brief, Motion in Limine [ECF 328] by Georgia Cancer Specialists I, P.C. re: #335 Order on Motion for Leave to File Matters Under Seal, (Attachments: #1 Exhibit to Reply Brief, Motion in Limine [ECF 328])(Burnette, Jeremy) |
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Filing 353
ORDER - For the reasons stated above (SEE ORDER FOR SPECIFICS), GCS's latest motion for reconsideration of the summary judgment ruling in this case is DENIED. [Doc. No. #305 ]. Given that this is the fourth motion for reconsideration of a ruling entered over two years ago, the court reminds the parties that: After a judgment has been entered, the interest in finality may be deemed compelling. A busy district court need not allow itself to be imposed upon by the presentation of theories seriatim. A district court's denial of reconsideration is especially soundly exercised when the party has failed to articulate any reason for the failure to raise an issue an at an earlier stage in the litigation. Lussier v. Duggar, 904 F.2d 661, 667 (11th Cir. 1990) (internal citations and quotations omitted). The pretrial conference in this action remains scheduled for 10:30 AM on June 11, 2020. Counsel who have not made arrangements to participate remotely and who require assistance from the court are DIRECTED to contact the courtroom deputy clerk without delay. Signed by Judge Charles A. Pannell, Jr. on 5/29/2020. (tcc)
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Filing 352
ORDER - This matter is currently before the court on its own initiative. A review of the docket shows that Air Products Healthcare Southeast, LLC is still pending as a defendant. SEE ORDER FOR SPECIFICS. Air Products Healthcare Southeast, LLC has not been dismissed as a defendant. Accordingly, the relators are DIRECTED to file a notice with this court by no later than June 5, 2020, to inform the court of the status of their claims as to Air Products Healthcare Southeast, LLC. In lieu of such a notice, the relators may file by June 5, 2020, the appropriate dismissal document if they no longer are pursuing claims against Air Products Healthcare Southeast, LLC. Signed by Judge Charles A. Pannell, Jr. on 5/29/2020. (tcc)
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Filing 351
THIRD AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 05/26/2020. (rvb) (ADI)
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| Filing 350 NOTICE by Christy Curtis, Natalie Raven re #346 Proposed Jury Instructions Objections to GCS's Proposed Jury Charges (Attachments: #1 Exhibit 1)(Simpson, Gregory) |
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Filing 349
SECOND AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 04/30/2020. (rvb) (ADI)
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Filing 348
ORDER - The pretrial conference in this action is currently set for May 13, 2020. On May 1, 2020, the chief judge of this court issued an amendment to General Order 20-01, In Re: Court Operations Under the Exigent Circumstances Created by COVID-19 and Related Coronavirus, extending the deadlines therein to May 29, 2020. In recognition of this amendment, as well as the fact that many of the counsel in this case are located in states other than Georgia, the court hereby RESETS the pretrial conference for 10:30 AM on June 11, 2020, in Courtroom 2307. Given the difficulties related to travel during this pandemic, the court will work to accommodate any attorneys who wish to participate in the pretrial conference via telephone. Any attorney desiring such an accommodation should contact the courtroom deputy clerk by no later than June 2, 2020, to request such. Trial in this action remains set to begin at 9:30 AM on August 10, 2020, in Courtroom 2307. Before incurring expenses related to the trial and the pretrial conference, counsel are encouraged to contact the courtroom deputy clerk to verify the hearings remain on the court's calendar. Signed by Judge Charles A. Pannell, Jr. on 5/1/2020. (tcc)
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| Filing 347 Proposed Jury Instructions by Christy Curtis, Natalie Raven . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Simpson, Gregory) |
| Filing 346 Proposed Jury Instructions by Georgia Cancer Specialists I, P.C. . (al-Taie, Ferdose) |
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Filing 345
Amended General Order 20-01 re COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/20. (mmc) (ADI)
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Filing 344
ORDER - Currently, the pretrial conference in this action is set for April 29, 2020, however, court operations and the nation as a whole continue to be affected by the COVID-19 pandemic. Accordingly, the court hereby RESCHEDULES the pretrial conference for 10:00 AM on May 13, 2020, in Courtroom 2307. The court notes that many of the attorneys are located in states other than Georgia. Given the difficulties related to travel during this pandemic, the court will work to accommodate any attorneys who wish to participate in the pretrial conference via telephone. Any attorney desiring such an accommodation should contact the courtroom deputy clerk by no later than May 6, 2020, to request such. The parties are DIRECTED to file their requests to charge by no later than April 29, 2020. The court has reviewed the parties' proposed consolidated pretrial order and appreciates the efforts by the parties as displayed therein [Doc. No. #343 ]. The parties indicate that they anticipate trial will last approximately nine days. The court hereby SCHEDULES trial in this action to begin at 9:30 AM on August 10, 2020, in Courtroom 2307. The court understands that the situation with the COVID-19 pandemic is fluid and constantly evolving. The court will therefore monitor the dates above in light of that situation. Before incurring expenses related to the trial and the pretrial conference, counsel are encouraged to contact the courtroom deputy clerk to verify the hearings remain on the court's calendar. Signed by Judge Charles A. Pannell, Jr. on 3/31/2020. (tcc)
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| Filing 343 Proposed Pretrial Order by Christy Curtis, Natalie Raven. (Attachments: #1 Attachment A, #2 Attachment B-1, #3 Attachment B-2, #4 Attachment C, #5 Attachment D, #6 Attachment E, #7 Attachment F-1, #8 Attachment F-2, #9 Attachment G-1, #10 Attachment G-2, #11 Attachment I, #12 Attachment J, #13 Attachment K-1, #14 Attachment K-2)(Simpson, Gregory) |
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Filing 342
ORDER granting #338 Application for Admission of Naim Surgeon Pro Hac Vice. Signed by Judge Charles A. Pannell, Jr. on 3/23/2020. 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.(tcc)
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Filing 341
ORDER granting #337 Application Admission of Ferdose al-Taie Pro Hac Vice. Signed by Judge Charles A. Pannell, Jr. on 3/23/2020. 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.(tcc)
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Filing 340
ORDER granting #336 Application Admission of Gera Peoples Pro Hac Vice. Signed by Judge Charles A. Pannell, Jr. on 3/23/2020. 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.(tcc)
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Filing 339
GENERAL ORDER 20-01 IN RE: Court Operations Under The Exigent Circumstances Created By COVID-19 and Related Coronavirus. Signed by Judge Thomas W. Thrash, Jr. on 3/16/2020. (tcc)
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| APPROVAL by Clerks Office re: #336 APPLICATION for Admission of Gera Peoples Pro Hac Vice.. Attorney Gera R. Peoples added appearing on behalf of Georgia Cancer Specialists I, P.C. (cdg) |
| APPROVAL by Clerks Office re: #338 APPLICATION for Admission of Naim Surgeon Pro Hac Vice.. Attorney Naim S. Surgeon added appearing on behalf of Georgia Cancer Specialists I, P.C. (cdg) |
| APPROVAL by Clerks Office re: #337 APPLICATION for Admission of Ferdose al-Taie Pro Hac Vice.. Attorney Ferdose al-Taie added appearing on behalf of Georgia Cancer Specialists I, P.C. (cdg) |
| Filing 338 APPLICATION for Admission of Naim Surgeon Pro Hac Vice.by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Text of Proposed Order)(Burnette, Jeremy) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 337 APPLICATION for Admission of Ferdose al-Taie Pro Hac Vice.by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Text of Proposed Order)(Burnette, Jeremy) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 336 APPLICATION for Admission of Gera Peoples Pro Hac Vice.by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Text of Proposed Order)(Burnette, Jeremy) Documents for this entry are not available for viewing outside the courthouse. |
| RETURN of #330 APPLICATION for Admission of Gera Peoples Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9464803). to attorney for correction re: Courts (cdg) |
| RETURN of #331 APPLICATION for Admission of Ferdose al-Taie Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9464804). to attorney for correction re:courts. (cdg) |
| RETURN of #333 APPLICATION for Admission of Naim S. Surgeon Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9467889). to attorney for correction re: courts. (cdg) |
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Filing 335
ORDER - On March 10, 2020, Georgia Cancer Specialists filed a motion seeking leave of Court to file Exhibit 1 to its Reply Brief in Further Support of its Motions in Limine [ECF #328 ] under seal, with a brief in support of the motion. Upon consideration of GCS's motion, its brief in support of its motion, the November 9, 2016 Stipulated Protective Order [ECF #138 ], and other good cause shown, GCS's Motion is hereby GRANTED. Signed by Judge Charles A. Pannell, Jr. on 3/11/2020. (tcc)
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| Filing 334 NOTICE Of Filing by Georgia Cancer Specialists I, P.C. re #328 Reply Brief, Exhibit (Attachments: #1 Exhibit Email)(Burnette, Jeremy) |
| Filing 333 APPLICATION for Admission of Naim S. Surgeon Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9467889).by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Text of Proposed Order)(Burnette, Jeremy) Documents for this entry are not available for viewing outside the courthouse. |
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Filing 332
ORDER - This case comes before the Court on Defendant Georgia Cancer Specialists I, P.C.'s ("GCS") Unopposed Motion to Exceed Page Limitations. Having reviewed GCS's filing, and for good cause shown, IT IS HEREBY ORDERED that GCS is granted leave to file its reply brief in further support of its motions in limine, not to exceed twenty (20) pages in length. Signed by Judge Charles A. Pannell, Jr. on 3/10/2020. (tcc)
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| Filing 331 APPLICATION for Admission of Ferdose al-Taie Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9464804).by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Text of Proposed Order)(Burnette, Jeremy) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 330 APPLICATION for Admission of Gera Peoples Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9464803).by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Text of Proposed Order)(Burnette, Jeremy) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 329 MOTION for Leave to File Matters Under Seal re: #328 Reply Brief, Exhibit 1 with Brief In Support by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Brief, #2 Exhibit Proposed Order)(Burnette, Jeremy) |
| Submission of #309 MOTION in Limine, to District Judge Charles A. Pannell Jr.. (tcc) |
| Submission of #306 MOTION in Limine TO PROHIBIT GCSS FAIR MARKET VALUE EXPERT FROM REFERENCING UMHS STUDY OR HIS LAY OPINION AS TO HOW LONG IT SHOULD TAKE TO COORDINATE A REFERRAL, #310 MOTION in Limine TO PRECLUDE REFERENCE TO DISMISSED CLAIMS, #308 MOTION in Limine TO PRECLUDE REFERENCE TO POST-TERMINATION PAYMENT, #311 MOTION in Limine , #307 MOTION in Limine TO PRECLUDE REFERENCE TO ADVICE OF COUNSEL, to District Judge Charles A. Pannell Jr.. (tcc) |
| Filing 328 REPLY BRIEF re #311 MOTION in Limine filed by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Exhibit DOJ Log, #2 Exhibit Affidavit, #3 Exhibit Spreadsheet, #4 Exhibit Mediation Agreement, #5 Exhibit Lenz Deposition Excerpts)(Burnette, Jeremy) |
| Filing 327 Unopposed MOTION for Leave to File Excess Pages by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Exhibit Proposed Order)(Burnette, Jeremy) |
| Filing 326 REPLY to Response to Motion re #306 MOTION in Limine filed by Christy Curtis, Natalie Raven. (Simpson, Gregory) |
| Filing 325 REPLY to Response to Motion re #308 MOTION in Limine TO PRECLUDE REFERENCE TO POST-TERMINATION PAYMENT filed by Christy Curtis, Natalie Raven. (Simpson, Gregory) |
| Filing 324 REPLY to Response to Motion re #307 MOTION in Limine filed by Christy Curtis, Natalie Raven. (Simpson, Gregory) |
| Filing 323 REPLY to Response to Motion re #310 MOTION in Limine filed by Christy Curtis, Natalie Raven. (Simpson, Gregory) |
| Submission of #305 MOTION for Reconsideration re #277 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment, Order on Motion for Reconsideration, to District Judge Charles A. Pannell Jr.. (tcc) |
| Filing 322 REPLY BRIEF re #305 MOTION for Reconsideration re #277 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment, Order on Motion for Reconsideration, filed by Georgia Cancer Specialists I, P.C.. (Burnette, Jeremy) |
| Filing 321 RESPONSE in Opposition re #306 MOTION in Limine filed by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Exhibit Deposition Excerpts)(Burnette, Jeremy) |
| Filing 320 RESPONSE in Opposition re #310 MOTION in Limine filed by Georgia Cancer Specialists I, P.C.. (Burnette, Jeremy) |
| Filing 319 RESPONSE in Opposition re #309 MOTION in Limine filed by Georgia Cancer Specialists I, P.C.. (Burnette, Jeremy) |
| Filing 318 RESPONSE in Opposition re #308 MOTION in Limine filed by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Exhibit ABA Public Comment)(Burnette, Jeremy) |
| Filing 317 RESPONSE in Opposition re #307 MOTION in Limine to Preclude Reference to Advice of Counsel filed by Georgia Cancer Specialists I, P.C.. (Burnette, Jeremy) |
| Filing 316 RESPONSE in Opposition re #311 MOTION in Limine filed by Christy Curtis, Natalie Raven. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Simpson, Gregory) |
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Filing 315
ORDER - This matter is before the court on Georgia Cancer Specialists I, P.C.'s ("GCS") motion for an extension of time to file the pretrial order [Doc. No. #313 ]. The court will extend the time to file the pretrial order until March 30, 2020. GCS is DIRECTED to provide the relators with its exhibit list by no later than 5:00 PM on March 2, 2020. Relators are DIRECTED to identify their objections to the exhibit list by March 12, 2020. Such objections are to be provided to GCS, not the court. The parties are then DIRECTED to meet and confer by March 25, 2020, to discuss their objections to each others' witnesses and exhibits, as well as to discuss any other items about which they cannot agree, before submitting their proposed pretrial order. During this meet-and-confer, the parties are also to work on a joint proposed verdict form to attach to the proposed pretrial order. If the parties cannot agree regarding specific portions of the verdict form, they should include their respective suggested language in each disputed section (e.g. "Plaintiffs' Requested Language" and "Defendants' Requested Language"), so that the court has one verdict form containing the parties positions on each section. The court will hold the pretrial conference at 10:30 AM on April 29, 2020, in Courtroom 2307. Signed by Judge Charles A. Pannell, Jr. on 2/28/2020. (tcc)
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| NOTICE of Hearing: Pretrial Conference set for 4/29/2020 at 10:30 AM in ATLA Courtroom 2307 before Judge Charles A. Pannell Jr.. (tcc) |
| Filing 314 RESPONSE re #313 Unopposed MOTION for Extension of Time to File the Pretrial Order re: #303 Order,, Set Deadlines/Hearings, filed by Christy Curtis, Natalie Raven. (Simpson, Gregory) |
| Filing 313 Unopposed MOTION for Extension of Time to File the Pretrial Order re: #303 Order,, Set Deadlines/Hearings, by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Exhibit Proposed Order)(Burnette, Jeremy) |
| Filing 312 RESPONSE in Opposition re #305 MOTION for Reconsideration re #277 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment, Order on Motion for Reconsideration, filed by Christy Curtis, Natalie Raven. (Attachments: #1 Exhibit 1)(Simpson, Gregory) |
| Filing 311 MOTION in Limine with Brief In Support by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Brief in Support)(Burnette, Jeremy) |
| Filing 310 MOTION in Limine with Brief In Support by Christy Curtis, Natalie Raven. (Attachments: #1 Brief)(Simpson, Gregory) |
| Filing 309 MOTION in Limine with Brief In Support by Christy Curtis, Natalie Raven. (Attachments: #1 Brief)(Simpson, Gregory) |
| Filing 308 MOTION in Limine with Brief In Support by Christy Curtis, Natalie Raven. (Attachments: #1 Brief, #2 Exhibit 1)(Simpson, Gregory) |
| Filing 307 MOTION in Limine with Brief In Support by Christy Curtis, Natalie Raven. (Attachments: #1 Brief, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7)(Simpson, Gregory) |
| Filing 306 MOTION in Limine with Brief In Support by Christy Curtis, Natalie Raven. (Attachments: #1 Brief, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Simpson, Gregory) |
| Filing 305 MOTION for Reconsideration re #277 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment, Order on Motion for Reconsideration, with Brief In Support by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Exhibit 1 Bingham Decision, #2 Exhibit 2 Proposed Rule)(Burnette, Jeremy) |
| Filing 304 Notice for Leave of Absence for the following date(s): April 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 2020 , by Louis J. Cohen. (Cohen, Louis) |
| NOTICE of Hearing: A Pretrial Conference is SCHEDULED for 3/25/2020 at 10:30 AM in ATLA Courtroom 2307 before Judge Charles A. Pannell Jr. (sap) |
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Filing 303
ORDER DIRECTING Motions in limine, including Daubert motions filed by 2/14/2020, responses shall be due within fourteen days after the service of such a motion; any replies, if necessary, shall be due seven days thereafter. Pretrial Order due by 2/28/2020. Pretrial Conference set for 3/25/2020 at 10:30 AM in ATLA Courtroom 2307 before Judge Charles A. Pannell Jr. Signed by Judge Charles A. Pannell, Jr. on 1/16/2020. (bdb)
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| Filing 302 STATUS REPORT Joint Status Report by Christy Curtis, Natalie Raven. (Simpson, Gregory) |
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Filing 301
ORDER granting #300 Application for Admission of Donald Hugh Romano Pro Hac Vice. Signed by Judge Charles A. Pannell, Jr. on 12/20/2019. 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.(tcc)
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| Clerk's Certificate of Mailing as to Donald Hugh Romano Pro Hac Vice re #301 Order on Application for Admission PHV. (tcc) |
| APPROVAL by Clerks Office re: #300 APPLICATION for Admission of Donald Hugh Romano Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.. Attorney Donald Hugh Romano added appearing on behalf of Georgia Cancer Specialists I, P.C. (pmb) |
| Filing 300 APPLICATION for Admission of Donald Hugh Romano Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.by Georgia Cancer Specialists I, P.C.. (Burnette, Jeremy) |
| RETURN of #299 APPLICATION for Admission of Donald Hugh Romano Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9143687). Documents for this entry are not available for viewing outside the courthouse. to attorney for correction re: local counsel. (pmb) |
| Filing 299 APPLICATION for Admission of Donald Hugh Romano Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9143687). Documents for this entry are not available for viewing outside the courthouse.by Georgia Cancer Specialists I, P.C.. (Burnette, Jeremy) |
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Filing 298
ORDER - On September 5, 2019, the court extended the limited discovery period to October 1, 2019, so that Relators could receive the claims evidence they had previously requested from the Center for Medicare and Medicaid Services for the period of March 2001 to March 2005 [Doc. No. #296 ]. The court also instructed the parties to file a status report proposing a schedule for filing Georgia Cancer Specialists' ("GCS") amended expert disclosure including calculations for this time period, for filing the proposed consolidated pretrial order, and for holding the pretrial conference [Doc. No. #296 at 2]. On October 10, 2019, the parties submitted their joint report [Doc. No. #297 ]. Having reviewed the report, the court adopts the parties' proposed schedule and orders as follows: (See #298 Order for specifics). Signed by Judge Charles A. Pannell, Jr. on 10/16/2019. (tcc)
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| Filing 297 STATUS REPORT Joint Status Report by Christy Curtis, Natalie Raven. (Simpson, Gregory) |
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Filing 296
ORDER - The court finds that Relators have acted diligently throughout the limited discovery period. Furthermore, it appears that CMS is working to provide the claims evidence sought by Relators. Accordingly, the court extends the limited discovery period through October 1, 2019. The parties are DIRECTED to file a joint status report no later than October 10, 2019 proposing a schedule for (1) filing GCS's amended expert disclosures, which shall be limited to amended calculations for March 2001 to March 2005, (2) filing a proposed consolidated pretrial order; and (3) conducting a pretrial conference. Signed by Judge Charles A. Pannell, Jr. on 9/5/2019. (tcc)
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| Filing 295 NOTICE Of Filing Response to Show Cause Order by Christy Curtis, Natalie Raven re #294 Order to Show Cause,,,, (Simpson, Gregory) |
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Filing 294
ORDER - the Relators are DIRECTED to provide sufficient information to the court within two days of the date of this order TO SHOW CAUSE why they should be permitted extra time to obtain and produce the claims evidence for their March 2001 to March 2005 allegations. To be clear, the court is seeking evidence from Relators as to when they made their production requests to CMS (including specific dates) and other communications or efforts that show why the court should permit extended time to obtain the data rather than dismiss their March 2001 to March 2005 allegations. Relators should further specify when they expect to receive the data and provide it to GCS. Relators should do so by filing a notice of filing. Accordingly, Relators are DIRECTED to show cause by August 29, 2019 why the court should permit them extra time to obtain and produce to GCS evidence of claims from March 2001 to March 2005 rather than dismiss Relators allegations from that time period. Relators should do so via a notice of filing. Signed by Judge Charles A. Pannell, Jr. on 8/27/2019. (tcc)
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| Filing 293 STATUS REPORT Joint Status Report by Christy Curtis, Natalie Raven. (Simpson, Gregory) |
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Filing 292
ORDER - GCS's motion for reconsideration [Doc. No. #288 ] is DENIED. With that issue having been determined, the parties are DIRECTED to file their joint status report as described in the court's summary judgment order [Doc. No. #277 at 6162] within ten (10) days of the date of this order. Signed by Judge Charles A. Pannell, Jr. on 8/14/2019. (tcc)
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| Submission of #288 MOTION for Reconsideration re #287 Order on Motion for Reconsideration, to District Judge Charles A. Pannell Jr.. (tcc) |
| Filing 291 REPLY BRIEF re #288 MOTION for Reconsideration re #287 Order on Motion for Reconsideration,,,,,,,,, filed by Georgia Cancer Specialists I, P.C.. (Burnette, Jeremy) |
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Filing 290
ORDER - Pending before the court is GCS's motion for reconsideration [Doc. No. #288 ] filed on July 16, 2019. Relators filed their opposition to the motion [Doc. No. #289 ] on July 30, 2019, which typically would make GCS's reply due on August 13, 2019. However, the court notes that the parties' status report is currently due on August 5, 2019, which may be affected by the court's ruling on the pending motion for reconsideration. Based on these deadlines, the court finds it appropriate to amend the date for GCS's reply and the date for the parties' status report. Accordingly, GCS's reply in support of its motion for reconsideration shall be due on August 9, 2019, and the parties' status report shall be due within ten (10) days of the court's ruling on GCS's pending motion for reconsideration. Signed by Judge Charles A. Pannell, Jr. on 7/31/2019. (tcc)
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| Filing 289 RESPONSE in Opposition re #288 MOTION for Reconsideration re #287 Order on Motion for Reconsideration,,,,,,,,, filed by Christy Curtis, Natalie Raven. (Simpson, Gregory) |
| Filing 288 MOTION for Reconsideration re #287 Order on Motion for Reconsideration,,,,,,,,, with Brief In Support by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Brief)(Burnette, Jeremy) |
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Filing 287
ORDER - Relators' motion for partial reconsideration [Doc. No. #281 ] is GRANTED. Therefore, on reconsideration, the court's summary judgment order [Doc. No. #277 ] is hereby AMENDED such that GCS's motion for summary judgment [Doc. No. #245 ] is GRANTED IN PART in that (1) the pump call service compensation arrangement with Option Care was for fair market value; (2) Relators may not seek damages under the False Claims Act for the period of March 29, 2005 to February 2006; and (3) Relators' allegations regarding IV infusions, padding of visits, and care plan oversight are dismissed. GCS's motion for summary judgment [Doc. No. #245 ] is otherwise DENIED, including as to Relators' pre-December 4, 2007 Stark Law allegations related to the coordination services and EMR access provided under the arrangements with Option Care. Finally, GCS's motion for partial reconsideration [Doc. No. #282 ] is DENIED. Signed by Judge Charles A. Pannell, Jr. on 6/18/2019. (tcc)
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| Submission of #281 MOTION for Reconsideration re #277 Order, #282 MOTION for Reconsideration re #277 Order, to District Judge Charles A. Pannell Jr.. (tcc) |
| Filing 286 REPLY BRIEF re #282 MOTION for Reconsideration re #277 Order on Motion for Partial Summary Judgment,,,,,,,,, Order on Motion for Summary Judgment,,,,,,,,, Order on Motion for Reconsideration,,,,,,,, filed by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Burnette, Jeremy) |
| Filing 285 REPLY to Response to Motion re #281 MOTION for Reconsideration re #277 Order on Motion for Partial Summary Judgment,,,,,,,,, Order on Motion for Summary Judgment,,,,,,,,, Order on Motion for Reconsideration,,,,,,,, filed by Christy Curtis, Natalie Raven. (Simpson, Gregory) |
| Filing 284 RESPONSE in Opposition re #282 MOTION for Reconsideration re #277 Order on Motion for Partial Summary Judgment,,,,,,,,, Order on Motion for Summary Judgment,,,,,,,,, Order on Motion for Reconsideration,,,,,,,, filed by Christy Curtis, Natalie Raven. (Simpson, Gregory) |
| Filing 283 RESPONSE in Opposition re #281 MOTION for Reconsideration re #277 Order on Motion for Partial Summary Judgment,,,,,,,,, Order on Motion for Summary Judgment,,,,,,,,, Order on Motion for Reconsideration,,,,,,,, filed by Georgia Cancer Specialists I, P.C.. (Burnette, Jeremy) |
| Filing 282 MOTION for Partial Reconsideration re #277 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment, Order on Motion for Reconsideration with Brief In Support by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Brief, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4)(Burnette, Jeremy) |
| Filing 281 MOTION for Partial Reconsideration re #277 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment, Order on Motion for Reconsideration with Brief In Support by Christy Curtis, Natalie Raven. (Attachments: #1 Brief)(Simpson, Gregory) |
| Filing 280 Certification of Consent to Substitution of Counsel. Sergio Enrique Acosta replacing attorney Aaron M. Danzig and Samuel M. Lyddan. (Acosta, Sergio) |
| Clerk's Certificate of Mailing re #279 Order on Application for Admission PHV, as to Sergio Enrique Acosta. (bnw) |
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Filing 279
ORDER granting #278 Application for Admission Pro Hac Viceas to Petitioner Sergio Enrique Acosta. Signed by Judge Charles A. Pannell, Jr. on 4/12/19. 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.(bnw)
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| APPROVAL by Clerks Office re: #278 APPLICATION for Admission of Sergio Acosta Pro Hac Vice (Application fee $ 150, receipt number 113E-8557174). Attorney Sergio Enrique Acosta added appearing on behalf of Georgia Cancer Specialists I, P.C. (pmb) |
| Filing 278 APPLICATION for Admission of Sergio Acosta Pro Hac Vice (Application fee $ 150, receipt number 113E-8557174)by Georgia Cancer Specialists I, P.C.. (Burnette, Jeremy) |
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Filing 277
(SEE AMENDED RULING RE #245 MOTION at DOC. #287 ) ORDER - Relators' motion for partial summary judgment [Doc. No. #244 ] is GRANTED IN PART and DENIED IN PART. It is GRANTED in that (1) Relators have established a direct compensation arrangement between GCS and Option Care from December 4, 2007 to February 29, 2008, and between GCS and Amedisys from February 18, 2008 to May 2012; and (2) the arrangement between GCS and Amedisys from February 18, 2008 to March 31, 2008 violated the Stark Law. Relators' motion for partial summary judgment [Doc. No. #244 ] is otherwise DENIED. GCS's motion for summary judgment [Doc. No. #245 ] is GRANTED IN PART and DENIED IN PART. It is GRANTED in that (1) Relators' Stark Law allegations fail for the period before December 4, 2007; (2) the pump call service compensation arrangement with Option Care was for fair market value; (3) Relators may not seek damages under the False Claims Act for the period of March 29, 2005 to February 2006; and (4) Relators' allegations regarding IV infusions, padding of visits, and care plan oversight are dismissed. GCS's motion for summary judgment [Doc. No. #245 ] is otherwise DENIED. Relators' motion for reconsideration [Doc. No. #262 ] is GRANTED such that Relators may recover for any false claims submitted from March 29, 2001 to March 29, 2005, and Relators may conduct limited discovery for evidence of such claims as specified herein. The limited discovery period shall end 120 days from the date of this order. Within ten (10) days after the limited discovery period ends, the parties are DIRECTED to file a joint status report indicating whether Relators obtained evidence of claims submissions from March 2001 to March 2005. If Relators obtained such evidence, the parties shall include a proposed schedule for GCS's amended expert disclosureswhich shall be limited to amended calculations for March 2001 to March 2005 only. When ruling on the joint status report and proposed schedule, the court will also dismiss Relators' FCA allegations for any period for which the parties jointly indicate that Relators have not recovered evidence of claims submitted to the government. Signed by Judge Charles A. Pannell, Jr. on 3/28/2019. (tcc) Modified on 6/18/2019 (tcc).
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| Filing 276 REPLY BRIEF re #262 MOTION for Reconsideration re #120 Order on Motion to Dismiss for Failure to State a Claim, Motion for Reconsideration of Statute of Limitations Ruling filed by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Exhibit Medicare Manual)(Burnette, Jeremy) |
| Filing 275 REPLY BRIEF re #262 MOTION for Reconsideration re #120 Order on Motion to Dismiss for Failure to State a Claim,Motion for Reconsideration of Statute of Limitations Ruling filed by Christy Curtis, Natalie Raven. (Simpson, Gregory) |
| Filing 274 Exhibits of Christy Curtis, Natalie Raven Retrieved as directed in #268 Exhibit Return Notification. (tcc) |
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Filing 273
ORDER that the parties are DIRECTED to submit further briefing on the Relators' motion for reconsideration [Doc. No. #262 ] under the following briefing schedule: the Relators' reply is due within fourteen (14) days of the date of this order, and the defendant Georgia Cancer Specialists I, P.C. ("GCS") may then file a sur-reply within fourteen (14) days of the date the Relators reply is filed. Both the Relators' reply and GCS's sur-reply shall be limited to twelve (12) pages each. Signed by Judge Charles A. Pannell, Jr. on 9/25/2018. (tcc)
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| Filing 272 NOTICE TO COURT regarding RECLAMATION AND DISPOSITION OF UNCLAIMED EXHIBITS pursuant to Local Rule 79.1D(2) filed by Christy Curtis, Natalie Raven. Exhibits to be Retrieved.. (Simpson, Gregory) |
| Filing 271 Exhibits of Georgia Cancer Specialists I, P.C. Retrieved as directed in #269 Exhibit Return Notification. (tcc) |
| Filing 270 NOTICE TO COURT regarding RECLAMATION AND DISPOSITION OF UNCLAIMED EXHIBITS pursuant to Local Rule 79.1D(2) filed by Georgia Cancer Specialists I, P.C.. Exhibits to be Retrieved.. (Burnette, Jeremy) |
| Filing 269 NOTICE TO COUNSEL OF RECORD for Georgia Cancer Specialists I, P.C. regarding RECLAMATION AND DISPOSITION OF UNCLAIMED Documentary EXHIBITS pursuant to Local Rule 79.1D. Re: #232 Exhibits. (btql) |
| Filing 268 NOTICE TO COUNSEL OF RECORD for United States ex rel., Natalie Raven, and Christy Curtis regarding RECLAMATION AND DISPOSITION OF UNCLAIMED Documentary EXHIBITS pursuant to Local Rule 79.1D. Re: #230 Exhibits. (btql) Modified on 8/16/2018 to edit text (btql). |
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Filing 267
ORDER that Relators' motion to exclude expert testimony of Daryl P. Johnson [Doc. No. #184 ] is DENIED and Defendant Georgia Cancer Specialists I, P.C.'s ("GCS") motion to strike expert report of David H. Glusman and to exclude his testimony [Doc. No. #186 ] is DENIED. Signed by Judge Charles A. Pannell, Jr. on 7/3/2018. (tcc)
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| Submission of #262 MOTION for Reconsideration re #120 Order on Motion to Dismiss for Failure to State a Claim, Motion for Reconsideration of Statute of Limitations Ruling, to District Judge Charles A. Pannell Jr.. (tcc) |
| Filing 266 RESPONSE in Opposition re #262 MOTION for Reconsideration re #120 Order on Motion to Dismiss for Failure to State a Claim,Motion for Reconsideration of Statute of Limitations Ruling filed by Georgia Cancer Specialists I, P.C.. (Lyddan, Samuel) |
| Submission of #245 MOTION for Summary Judgment , to District Judge Charles A. Pannell Jr.. (tcc) |
| Filing 265 REPLY BRIEF re #245 MOTION for Summary Judgment filed by Georgia Cancer Specialists I, P.C.. (Attachments: #1 GCS's Response to Relators' Additional Statements of Material Fact, #2 Exhibit 1 to GCS's Response to Relators' Additional Statements of Material Fact, #3 Exhibit 2 to GCS's Response to Relators' Additional Statements of Material Fact, #4 Exhibit 3 to GCS's Response to Relators' Additional Statements of Material Fact)(Lyddan, Samuel) |
| Filing 264 REPLY to Response to Motion re #244 MOTION for Partial Summary Judgment filed by Christy Curtis, Natalie Raven. (Simpson, Gregory) |
| Filing 263 Notice for Leave of Absence for the following date(s): June 1-20, 2018, by Gregory Mark Simpson. (Simpson, Gregory) |
| Filing 262 MOTION for Reconsideration re #120 Order on Motion to Dismiss for Failure to State a Claim,Motion for Reconsideration of Statute of Limitations Ruling with Brief In Support by Christy Curtis, Natalie Raven. (Attachments: #1 Brief, #2 Exhibit A)(Simpson, Gregory) |
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Filing 261
ORDER GRANTING #260 Motion for Extension of Time. GCS has until June 4, 2018 to file its reply brief in support of its motion for summary judgment. GCS's reply brief shall not exceed thirty (30) pages in length. Signed by Judge Charles A. Pannell, Jr. on 5/22/2018. (tcc)
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| Filing 260 Unopposed MOTION for Extension of Time to Extend Deadline for Filing a Reply Brief and to Exceed Page Limitation by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Exhibit A (Proposed Order))(Danzig, Aaron) |
| Filing 259 RESPONSE in Opposition re #244 MOTION for Partial Summary Judgment filed by Georgia Cancer Specialists I, P.C.. (Burnette, Jeremy) |
| Filing 258 Response to Statement of Material Facts re #244 MOTION for Partial Summary Judgment filed by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Burnette, Jeremy) |
| Filing 257 Response to Statement of Material Facts re #245 MOTION for Summary Judgment filed by Christy Curtis, Natalie Raven. (Simpson, Gregory) |
| Filing 256 RESPONSE in Opposition re #245 MOTION for Summary Judgment filed by Christy Curtis, Natalie Raven. (Attachments: #1 Statement of Additional Material Facts, #2 Supplemental Appendix, #3 Exhibit 36, #4 Exhibit 37, #5 Exhibit 38, #6 Exhibit 39, #7 Exhibit 40, #8 Exhibit 41, #9 Exhibit 42, #10 Exhibit 43, #11 Exhibit 44, #12 Exhibit 45, #13 Exhibit 46, #14 Exhibit 47, #15 Exhibit 48)(Simpson, Gregory) |
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Filing 255
ORDER granting #254 Motion for Leave to File Excess Pages. Relators shall be allowed to file a brief in opposition to Defendants motion for summary judgment not to exceed 45 pages. Signed by Judge Charles A. Pannell, Jr. on 5/10/2018. (tcc)
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| Filing 254 Unopposed MOTION for Leave to File Excess Pages by Christy Curtis, Natalie Raven. (Attachments: #1 Text of Proposed Order)(Simpson, Gregory) |
| Submission of #244 MOTION for Partial Summary Judgment , #184 MOTION to Exclude Expert Testimony of Daryl P. Johnson, #245 MOTION for Summary Judgment , #186 MOTION to Strike Expert Report of David H. Glusman and to Exclude His Testimony, to District Judge Charles A. Pannell Jr.. (tcc) |
| Filing 253 REPLY BRIEF re #186 MOTION to Strike Expert Report of David H. Glusman and to Exclude His Testimony filed by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4)(Lyddan, Samuel) |
| Filing 252 REPLY BRIEF re #184 MOTION to Exclude Expert Testimony of Daryl P. Johnson filed by Christy Curtis, Natalie Raven. (Simpson, Gregory) |
| Filing 251 RESPONSE re #186 MOTION to Strike Expert Report of David H. Glusman and to Exclude His Testimony filed by Christy Curtis, Natalie Raven. (Simpson, Gregory) |
| Filing 250 RESPONSE re #237 Response in Support of Motion to Exclude Expert Testimony of Daryl P. Johnson filed by Georgia Cancer Specialists I, P.C.. (Lyddan, Samuel) |
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Filing 249
ORDER granting #248 Motion. Finding that GCS's delay in filing Documents #246 and #247 and its Exhibits was reasonably short in duration and excusable due to the stated technical difficulties, and considering that Relators do not object to GCS's Motion, the Court hereby ACCEPTS the filing of GCS's Statement of Material Facts [Doc. #246 ] and Exhibits [Doc. #247 and Exhibits] as timely filed contemporaneously with its MSJ Brief [Docs. #245 , 245-1]. Signed by Judge Charles A. Pannell, Jr on 4/18/2018. (tcc)
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| Filing 248 Unopposed MOTION for Order to Accept GCS's Attachments to its Brief in Support of its Motion for Summary Judgment as Timely Filed by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Exhibit Proposed Order)(Burnette, Jeremy) |
| Filing 247 AFFIDAVIT in Support re #245 MOTION for Summary Judgment Exhibits filed by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14, #15 Exhibit Exhibit 15, #16 Exhibit Exhibit 16, #17 Exhibit Exhibit 17, #18 Exhibit Exhibit 18, #19 Exhibit Exhibit 19, #20 Exhibit Exhibit 20, #21 Exhibit Exhibit 21, #22 Exhibit Exhibit 22, #23 Exhibit Exhibit 23, #24 Exhibit Exhibit 24, #25 Exhibit Exhibit 25)(Burnette, Jeremy) |
| Filing 246 Statement of Material Facts re #245 MOTION for Summary Judgment filed by Georgia Cancer Specialists I, P.C.. (Burnette, Jeremy) |
| Filing 245 MOTION for Summary Judgment with Brief In Support by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Brief in Support, #2 Appendix (Exhibit List))(Burnette, Jeremy) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
| Filing 244 MOTION for Partial Summary Judgment with Brief In Support by Christy Curtis, Natalie Raven. (Attachments: #1 Brief, #2 Statement of Material Facts, #3 Appendix, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27, #31 Exhibit 28, #32 Exhibit 29, #33 Exhibit 30, #34 Exhibit 31, #35 Exhibit 32, #36 Exhibit 33, #37 Exhibit 34, #38 Exhibit 35, #39 Text of Proposed Order)(Simpson, Gregory) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
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Filing 243
ORDER that GCS's and Relators' motions for leave to exceed page limits [Doc. Nos. #238 , #240 ] are GRANTED such that each party may file briefs in support of their respective motions for summary judgment not to exceed forty-five (45) pages. The page limitations for any responses or replies to the upcoming summary judgment motions shall be governed by the local rules of this court. Signed by Judge Charles A. Pannell, Jr on 4/9/2018. (tcc)
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Filing 242
ORDER DENYING #239 Motion to Strike. Signed by Judge Charles A. Pannell, Jr on 4/9/2018. (tcc)
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| Filing 241 RESPONSE in Opposition re #239 MOTION to Strike #237 Response in Support of Motion filed by Christy Curtis, Natalie Raven. (Simpson, Gregory) |
| Filing 240 Unopposed MOTION for Leave to File Excess Pages by Christy Curtis, Natalie Raven. (Attachments: #1 Text of Proposed Order)(Simpson, Gregory) |
| Filing 239 MOTION to Strike #237 Response in Support of Motion with Brief In Support by Georgia Cancer Specialists I, P.C.. (Burnette, Jeremy) |
| Filing 238 Unopposed MOTION for Leave to File Excess Pages regarding Motion for Summary Judgment with Brief In Support by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Text of Proposed Order Exhibit A)(Danzig, Aaron) |
| Filing 237 RESPONSE in Support re #184 MOTION to Exclude Expert Testimony of Daryl P. Johnson filed by Christy Curtis, Natalie Raven. (Attachments: #1 Exhibit 1 - Transcript of Hearing)(Simpson, Gregory) |
| Filing 236 RESPONSE in Support re #186 MOTION to Strike Expert Report of David H. Glusman and to Exclude His Testimony filed by Georgia Cancer Specialists I, P.C.. (Lyddan, Samuel) Modified on 4/6/2018 to accurately reflect e-filed pleading (tcc). |
| Filing 235 TRANSCRIPT of the Daubert Hearing Proceedings held on March 22, 2018, before Judge Charles A. Pannell, Jr. Court Reporter/Transcriber Nicholas A. Marrone, Telephone number 404-215-1486. 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 4/17/2018. Redacted Transcript Deadline set for 4/27/2018. Release of Transcript Restriction set for 6/25/2018. (Attachments: #1 Notice of Filing of Official Transcript) (kac) |
| Filing 234 TRANSCRIPT of the Daubert Hearing Proceedings held on March 21, 2018, before Judge Charles A. Pannell, Jr. Court Reporter/Transcriber Nicholas A. Marrone, Telephone number 404-215-1486. 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 4/17/2018. Redacted Transcript Deadline set for 4/27/2018. Release of Transcript Restriction set for 6/25/2018. (Attachments: #1 Notice of Filing of Official Transcript) (kac) |
| Filing 233 TRANSCRIPT of the Daubert Hearing Proceedings held on March 20, 2018, before Judge Charles A. Pannell, Jr. Court Reporter/Transcriber Nicholas A. Marrone, Telephone number 404-215-1486. 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 4/17/2018. Redacted Transcript Deadline set for 4/27/2018. Release of Transcript Restriction set for 6/25/2018. (Attachments: #1 Notice of Filing of Official Transcript) (kac) |
| Filing 232 DEFENDANT'S EXHIBITS (Exhibits: 1, 2, 3, 4, 5, 6) admitted and retained at the #223 , #224 , #225 Daubert Hearing, have been received from Courtroom Deputy and placed in the custody of the Records Clerks.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(tcc) |
| Filing 231 Defendant's Exhibit List. (tcc) |
| Filing 230 PLAINTIFF'S EXHIBITS (Exhibits: 4, 12, 9, 5, 6, 11) admitted and retained at the #223 , #224 , #225 Daubert Hearing, have been received from Courtroom Deputy and placed in the custody of the Records Clerks.. (Attachments: #1 Exhibit 4, #2 Exhibit 12, #3 Exhibit 9, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 11 pt. 1, #7 Exhibit 11 pt. 2, #8 Exhibit 11 pt. 3)(tcc) |
| Filing 229 Plaintiff's Exhibit List. (tcc) |
| Filing 228 RECEIPT FOR EXHIBITS admitted and retained at the #223 , #224 , #225 Daubert Hearing, have been received from Courtroom Deputy and placed in the custody of the Records Clerks. (tcc) |
| Filing 227 Defendant's Witness List. (tcc) |
| Filing 226 Plaintiff's Witness List. (tcc) |
| Filing 225 Minute Entry for proceedings held before Judge Charles A. Pannell, Jr.: Daubert Hearing on 3/22/2018 concluded. Defense counsel continued cross-examination of David Glusman. Defendant's exhibit's: 4,5,6 - admitted. The parties gave closing arguments re #184 #186 Motion's to Exclude Testimony. Thecourt the matter under consideration. The court set additional briefing schedule - 4/5/18 for briefs, 4/19/18 for responses/reply and 4/24/18 surreply. (Court Reporter Nicholas A. Marrone)(jpa) |
| Filing 224 Minute Entry for proceedings held before Judge Charles A. Pannell, Jr.: Daubert Hearing held on 3/21/2018. Plaintiff's counsel continued cross examination of Daryl P. Johnson. Plaintiff's exhibits: 4,12,9,5,6,11 - admitted. Plaintiff argued their #184 Motion to Exclude Expert Testimony. Plaintiff called expert witness David H. Glusman, sworn and testified. The court adjourned until 3/22/18 at 9:30am. (Court Reporter Nicholas A. Marrone)(jpa) |
| Filing 223 Minute Entry for proceedings held before Judge Charles A. Pannell, Jr: Daubert Hearing held on 3/20/2018. The court heard argument and evidence regarding defendant's #186 Motion to Exclude Expert, defense counsel called Daryl P. Johnson, sworn and testified. Defendant exhibit's: 1,2,3 - admitted. Plaintiff's cross-examination of Daryl P. Johnson. The court adjourned until 3/21 at 9am.(Court Reporter Nicholas Marrone)(tcc) Modified on 3/22/2018 to correct hearing date and file date (jpa). |
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Filing 222
ORDER GRANTING #221 Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom at any time during business hours on March 19, 2018 to test the technology, and for the Daubert hearing scheduled for Tuesday, March 20, 2018 and Wednesday, March 21, 2018. Signed by Judge Charles A. Pannell, Jr on 3/15/2018. (tcc)
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| Filing 221 Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom by Christy Curtis, Natalie Raven. (Attachments: #1 Text of Proposed Order)(Simpson, Gregory) |
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Filing 220
ORDER granting #218 Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom at any time during business hours on March 19, 2018 to test the technology, and Tuesday, March 20, 2018 and Wednesday, March 21, 2018 for said hearing. Signed by Judge Charles A. Pannell, Jr on 3/13/2018. (tcc)
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| Filing 219 PROPOSED ORDER GCS Audio/Visual/Electronic Equipment for Daubert Hearing re: #218 Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom . (Danzig, Aaron) |
| Filing 218 Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom with Brief In Support by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Text of Proposed Order Exhibit A)(Danzig, Aaron) |
| Filing 217 NOTICE of Appearance by Samuel M. Lyddan on behalf of Georgia Cancer Specialists I, P.C. (Lyddan, Samuel) |
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Filing 216
ORDER ADOPTING the requested deadlines for the close of discovery and summary judgment briefing as stated in the parties' joint status report [Doc. No. #215 ]. Discovery ends on 3/9/2018. Any Motions for Summary Judgment shall be filed on or before April 13, 2018; Responses thereto shall be due on May 14, 2018; and Any replies will be due on May 28, 2018. The court further ORDERS that the hearings on the parties' pending Daubert motions [Doc. No. #184 , #186 ] shall commence on March 20, 2018 at 2:00 P.M., at which the experts subject to those motions shall be present to testify before the court. Signed by Judge Charles A. Pannell, Jr on 2/27/2018. (tcc)
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| Filing 215 STATUS REPORT Joint Status Report by Christy Curtis, Natalie Raven. (Simpson, Gregory) |
| Filing 214 Notice for Leave of Absence for the following date(s): April 2-6, 2018, by Aaron M. Danzig. (Danzig, Aaron) |
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Filing 213
ORDER DIRECTING the parties to submit a joint status report within fourteen days of the date of this order to inform the court of the status of discovery so that the deadline for discovery can be set and the court can commence scheduling Daubert hearings related to the parties' pending motions [Doc. Nos. #184 , #186 ]. Signed by Judge Charles A. Pannell, Jr on 2/12/2018. (tcc)
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| Filing 211 Notice for Leave of Absence for the following date(s): December 26, 2017 through December 29, 2017, May 11, 2018, May 18, 2018, June 5, 2018 through June 8, 2018, June 11, 2018 through June 15, 2018, by Aaron M. Danzig. (Danzig, Aaron) |
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Filing 210
ORDER directing the parties to complete the re-opened discovery as stated in the Order. The court orders defendant Georgia Cancer Specialists I, P.C. to do the following within ten (10) days of this order: (1) provide a response to Interrogatory No. 8 that complies with this order; (2) produce all documents withheld under the common interest exception other than documents 43, 48, 50, 58, 59, and 61; and (3) identify each document that is responsive to Request No. 14 in that it relates GCSs' good faith belief of compliance. The parties are ordered to notify the Court when discovery has ended. The court will wait until discovery has ended before scheduling any hearings on the parties' pending Daubert motions [Doc Nos. 184, 186]. The pending motions for summary judgment [Doc. Nos. 188, 198] are dismissed without prejudice. The parties may re-file motions for summary judgment within thirty (30) days of the close of discovery. Signed by Judge Charles A. Pannell, Jr on 10/18/17. (ddm)
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| Filing 209 Minute Entry for proceedings held before Judge Charles A. Pannell, Jr.: Discovery Hearing (Oral Argument) held on 10/11/2017. Plaintiff's counsel updated the court as to where the parties are regarding discovery dispute, discussed interrogatories in contention, defense counsel responded. Discussed plaintiff's privilege log, discussed depositions, proposed briefing schedule on motions for MSJ. The court dismissed motions for SJ without prejudice to refile them once reopened discovery ends. The court will wait to schedule Daubert hearings until discovery ends. Written order to follow. (Court Reporter Jana Colter)(cmd) |
| Filing 208 NOTICE of Hearing: Discovery Dispute Hearing set for 10/11/2017 at 10:00 AM in ATLA Courtroom 2307 before Judge Charles A. Pannell Jr.. (dcs) |
| Filing 207 NOTICE Of Filing Joint Memorandum by Georgia Cancer Specialists I, P.C. re #206 Order, Set Submission Deadline,,,, (Attachments: #1 Exhibit 1 - GCS Supplemental Response to Interrogatory No. 8, #2 Exhibit 2 - GCS Supplemental Response to Request No. 14, #3 Exhibit 3 - 09/15/17 Email, #4 Exhibit 4 - Deposition excerpts of Alaa-El-Din Soltan, M.D.)(Danzig, Aaron) |
| Submission of #184 MOTION to Exclude Expert Testimony of Daryl P. Johnson, #186 MOTION to Strike Expert Report of David H. Glusman and to Exclude His Testimony, submitted to District Judge Charles A. Pannell. (tcc) |
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Filing 206
ORDER directing the parties to submit a joint memorandum within seven days of the date of this order outlining the parties' outstanding discovery disputes and their respective positions as to each dispute. The joint memorandum should also include a proposed briefing schedule for the parties' pending motions for summary judgment. The joint memorandum may be filed on the electronic case filing system as a "Notice of Filing." The court will schedule the telephonic conference in a forthcoming order following the parties' submission. Signed by Judge Charles A. Pannell, Jr on 9/20/2017. (tcc)
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| Filing 205 STATUS REPORT Joint Status Report by Christy Curtis, Natalie Raven. (Simpson, Gregory) |
| Filing 204 REPLY to Response to Motion re #186 MOTION to Strike Expert Report of David H. Glusman and to Exclude His Testimony filed by Georgia Cancer Specialists I, P.C.. (Danzig, Aaron) |
| Filing 203 REPLY to Response to Motion re #184 MOTION to Exclude Expert Testimony of Daryl P. Johnson filed by Christy Curtis, Natalie Raven. (Simpson, Gregory) |
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Filing 202
ORDER GRANTING #199 Joint Motion to Extend the Deadline for filing Daubert opposition briefs and to stay temporarily the filing of opposition and reply briefs on the parties' respective motions for summary judgment. The parties must submit briefs in opposition to Daubert motions no later than September 8, 2017 and reply briefs, if any, according to the Local Rules; The time period for submitting briefs in opposition to motions for summary judgment is stayed; and the parties are directed to inform the Court of the status of the reopened discovery no later than September 15, 2017 so that a briefing schedule for summary judgment motion responses and replies can be set. Signed by Judge Charles A. Pannell, Jr on 8/29/2017. (tcc)
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| Filing 201 RESPONSE in Opposition re #186 MOTION to Strike Expert Report of David H. Glusman and to Exclude His Testimony filed by Christy Curtis, Natalie Raven. (Attachments: #1 List of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9)(Simpson, Gregory) |
| Filing 200 RESPONSE in Opposition re #184 MOTION to Exclude Expert Testimony of Daryl P. Johnson filed by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Exhibit 1 - Expert Report of Daryl Johnson, #2 Exhibit 2 - Daryl Johnson Depo Excerpts, #3 Exhibit 3 - David H. Glusman Depo Excerpts, #4 Exhibit 4 - Alaa-El-Din Depo Excerpts)(Danzig, Aaron) |
| Filing 199 MOTION for Extension of Time to Extend Daubert Motion Response Brief Deadline, MOTION to Stay Dispositive Motion Deadline by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Exhibit A)(Danzig, Aaron) Added MOTION to Stay on 8/25/2017 (tcc). |
| Filing 198 MOTION for Partial Summary Judgment with Brief In Support by Christy Curtis, Natalie Raven. (Attachments: #1 Brief, #2 Statement of Material Facts, #3 Appendix, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27, #31 Exhibit 28, #32 Exhibit 29, #33 Exhibit 30, #34 Exhibit 31, #35 Exhibit 32, #36 Exhibit 33, #37 Text of Proposed Order)(Simpson, Gregory) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
| Filing 197 NOTICE by Christy Curtis, Natalie Raven re #196 MOTION for Leave to File Excess Pages (Simpson, Gregory) |
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ORAL ORDER granting #196 Motion for Leave to File Excess Pages. It is hereby ordered that Plaintiff's - Relators may file a brief in support of their summary judgment motion not to exceed 43 pages. Entered by Judge Charles A. Pannell, Jr on 8/24/2017. (dcs)
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| Filing 196 MOTION for Leave to File Excess Pages by Christy Curtis, Natalie Raven. (Attachments: #1 Text of Proposed Order)(Simpson, Gregory) |
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Filing 195
ORDER that the plaintiffs-relators' motions for summary judgment [Doc. Nos. #185 & #187 ] are DISMISSED. The plaintiffs-relators may file one motion for summary judgment by August 31, 2017. Signed by Judge Charles A. Pannell, Jr on 8/22/2017. (tcc)
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Filing 194
ORDER DENYING #183 Motion for Leave to File documents under seal. It seems from the brief these are documents that a non-moving party wishes to maintain under seal. To the extent someone else wants these documents sealed, the non-movant is required to file a response to GCS's new motion to seal under Local Rule II(J)(2)(e) to Appendix H. Signed by Judge Charles A. Pannell, Jr on 8/15/2017. (tcc)
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| Filing 193 DEPOSITION of Christy Curtis taken on February 21, 2017 by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6 (Redacted-PHI), #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 9 (To Be Filed Under Seal), #8 Exhibit 10, #9 Exhibit 11 (To Be Filed Under Seal), #10 Exhibit 12)(Danzig, Aaron) |
| Filing 192 DEPOSITION of Sharon Bivins taken on March 2, 2017 by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Exhibit P-41)(Danzig, Aaron) |
| Filing 191 DEPOSITION of E. Phillip Stone taken on March 13, 2017 by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Exhibit P-14, #2 Exhibit P-15, #3 Exhibit P-16, #4 Exhibit P-19, #5 Exhibit P-21, #6 Exhibit P-43)(Danzig, Aaron) |
| Filing 190 DEPOSITION of Natalie Raven taken on February 20, 2017 by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Danzig, Aaron) |
| Filing 189 DEPOSITION of Terry Goodman taken on March 3, 2017 by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Exhibit P-14, #2 Exhibit P-19, #3 Exhibit P-42, #4 Exhibit P-43, #5 Exhibit P-44, #6 Exhibit P-45, #7 Exhibit P-46, #8 Exhibit D-1)(Danzig, Aaron) |
| Filing 188 MOTION for Summary Judgment with Brief In Support by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Brief, #2 Statement of Material Facts, #3 Exhibit 1 - Coordination Agreement, #4 Exhibit 2 - Depo excerpts of Phillip Stone, #5 Exhibit 3 - Depo excerpts of Wendy Hawke Lenz, #6 Exhibit 4 - Depo excerpts of Terry Goodman, #7 Exhibit 5 - Ex. P-45 to Terry Goodman Deposition, #8 Exhibit 6 - Affidavit of Kathy Hope, #9 Exhibit 7 - GCS Interrogatory Responses & Supplement, #10 Exhibit 8 - Exhibit 24 to Wendy Hawke Lenz Deposition, #11 Exhibit 9 - Amedisys Contract, #12 Exhibit 10 - Amedisys Self-Disclosure, #13 Exhibit 11- Depo excerpts of Alaa-El-Din Soltan, #14 Exhibit 12 - Depo excerpts of Natalie Raven, #15 Exhibit 13 - Depo excerpts of Christy Curtis, #16 Exhibit 14 - Depo excerpts of David Glusman, #17 Exhibit 15 - Exhibits P18-19 to Wendy Lenz Deposition, #18 Exhibit 16 - Affidavit of Wyane Cersey, #19 Exhibit 17 - Manual 2113.1, #20 Exhibit 18 - Expert Report of Daryl Johnson, #21 Exhibit 19 - Depo excerpts of Daryl Johnson, #22 Exhibit 20 - Expert Report of David Glusman (Report only), #23 Exhibit 21 - Affidavit of Cindy Ferrer)(Danzig, Aaron) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
| Filing 187 MOTION for Partial Summary Judgment as to Option Care Arrangement with Brief In Support by Christy Curtis, Natalie Raven. (Attachments: #1 Brief, #2 Statement of Material Facts, #3 Appendix, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27, #31 Exhibit 28, #32 Exhibit 29, #33 Exhibit 30, #34 Exhibit 31, #35 Exhibit 32, #36 Exhibit 33, #37 Text of Proposed Order)(Simpson, Gregory) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
| Filing 186 MOTION to Strike Expert Report of David H. Glusman and to Exclude His Testimony with Brief In Support by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Brief, #2 Exhibit 1 - Glusman Expert Report, #3 Exhibit 2 - Depo excerpts of Daryl Johnson, #4 Exhibit 3 - US v. Umana Order, #5 Exhibit 4 - Email exchange, #6 Exhibit 5 - Depo excerpts of David Glusman, #7 Exhibit 6 - Expert Report of Daryl Johnson, #8 Exhibit 7 - Amedisus Contract, #9 Exhibit 8 - Affidavit of Kathy Hope, #10 Exhibit 9 - Depo excerpts of Terry Goodman, #11 Exhibit 10 - Depo excerpts of Sharon Bivins, #12 Exhibit 11 - Depo excerpts of Sharon Parker, #13 Exhibit 12 - Depo excerpts of Wendy Lenz, #14 Exhibit 13- Terry Goodman Errata Sheet, #15 Exhibit 14 - Affidavit of Wyane Cersey)(Danzig, Aaron) |
| Filing 185 MOTION for Partial Summary Judgment as to Amedisys Arrangement with Brief In Support by Christy Curtis, Natalie Raven. (Attachments: #1 Brief, #2 Statement of Material Facts, #3 Appendix, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27, #31 Exhibit 28, #32 Exhibit 29, #33 Exhibit 30, #34 Exhibit 31, #35 Exhibit 32, #36 Exhibit 33, #37 Text of Proposed Order)(Simpson, Gregory) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
| Filing 184 MOTION to Exclude Expert Testimony of Daryl P. Johnson with Brief In Support by Christy Curtis, Natalie Raven. (Attachments: #1 Brief, #2 List of Exhibits, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Text of Proposed Order)(Simpson, Gregory) |
| Filing 183 MOTION for Leave to File Documents Under Seal with Brief In Support by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Danzig, Aaron) |
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Filing 182
ORDER granting #180 Motion for Leave to File Excess Pages. GCS is granted leave to file a brief in support of its motion for summary judgment, not to exceed forty-five (45) pages in length. Signed by Judge Charles A. Pannell, Jr on 8/10/2017. (tcc)
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Filing 181
ORDER that the plaintiffs-relators' motion [Doc. No. #155 ] to compel responses to Interrogatory No. 8 and Request for Production No. 14 is GRANTED. The plaintiffs-relators' motion [Doc. No. #165 ] to compel full and complete answers to topics addressed at its 30(b)(6) deposition is GRANTED in part and DENIED in part. GCS must respond to Topic 10, but is not required to respond to Topic 13. Signed by Judge Charles A. Pannell, Jr on 8/10/2017. (tcc)
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| Filing 180 Unopposed MOTION for Leave to File Excess Pages re: Brief in Support of Motion for Summary Judgment with Brief In Support by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Text of Proposed Order Exhibit A)(Danzig, Aaron) |
| Filing 179 RESPONSE in Opposition re #177 MOTION for Leave to File Supplemental Brief filed by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Affidavit of Sidney S. Welch)(Burnette, Jeremy) |
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Filing 178
ORDER granting #177 Motion for Leave to File supplemental brief. Georgia Cancer Specialists may file a response to the brief (Doc No. 177-1) by August 4, 2017. Signed by Judge Charles A. Pannell, Jr on 7/25/17. (jkl)
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| Filing 177 MOTION for Leave to File Supplemental Brief by Christy Curtis, Natalie Raven. (Attachments: #1 Supplemental Brief, #2 Exhibit 1, #3 Exhibit 2)(Simpson, Gregory) |
| Filing 176 Minute Entry for proceedings held before Judge Charles A. Pannell, Jr: Discovery Hearing held on 7/12/2017, Motion Hearing held on 7/12/2017. The court heard argument from plaintiff re #155 Motion to Compel Response to Interrogatory No. 8 and Request for Production No. 14 and #165 Motion to Compel Against Defendant Georgia Cancer Specialists I, P.C.. Defendant responded to plaintiff's argument re pending motions. (Court Reporter Wynette Blathers)(tcc) |
| Filing 175 NOTICE Of Filing Updated Privilege Log by Georgia Cancer Specialists I, P.C. (Attachments: #1 Exhibit A - Updated Privilege Log)(Danzig, Aaron) |
| Filing 174 NOTICE to Take Deposition of Daryl P. Johnson filed by Christy Curtis, Natalie Raven (Simpson, Gregory) |
| Filing 173 NOTICE to Take Deposition of David H. Glusman filed by Georgia Cancer Specialists I, P.C. (Danzig, Aaron) |
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Filing 172
ORDER granting the #170 Joint Motion to Extend Discovery and Dispositive Motion Deadlines. Expert discovery will close on July 14, 2017. Daubert motions and motions for summary judgment will be due on August 14, 2017. Signed by Judge Charles A. Pannell, Jr on 6/2/2017. (dfb)
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ORAL ORDER CONTINUING HEARING DATE - the parties are to appear for a hearing regarding both motions, [Doc. No. 155 and Doc. No. 165 ], on July 12, 2017, at 10:30 a.m., before the HONORABLE CHARLES A. PANNELL, JR., SENIOR UNITED STATES DISTRICT JUDGE, U.S. COURTHOUSE, ATLANTA, GEORGIA, COURTROOM 2307. The court is aware of the defendant's privilege log filed by the plaintiffs-relators [Doc. No. 155-13], but if that copy is incorrect the defendant must file a new privilege log by July 10, 2017. Additionally, the defendant is ORDERED to bring copies of any documents it is refusing to produce to the hearing. Entered by Judge Charles A. Pannell, Jr on 6/2/2017. (dcs)
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Filing 171
ORDER that the parties are to appear for a hearing regarding both motions, [Doc. No. #155 and Doc. No. #165 ], on June 8, 2017, at 2:00 p.m., before the HONORABLE CHARLES A. PANNELL, JR., SENIOR UNITED STATES DISTRICT JUDGE, U.S. COURTHOUSE, ATLANTA, GEORGIA, COURTROOM 2307. The court is aware of the defendant's privilege log filed by the plaintiffs-relators [Doc. No. 155-13], but if that copy is incorrect the defendant must file a new privilege log by June 6, 2017. Additionally, the defendant is ORDERED to bring copies of any documents it is refusing to produce to the hearing. Signed by Judge Charles A. Pannell, Jr on 5/30/2017. (tcc)
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| Filing 170 Joint MOTION for Extension of Time to Complete Discovery and to Extend Dispositive Motion Deadlines by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Text of Proposed Order Exhibit A - Proposed Order)(Danzig, Aaron) |
| Submission of #165 MOTION to Compel Against Defendant Georgia Cancer Specialists I, P.C. , submitted to District Judge Charles A. Pannell. (tcc) |
| Filing 169 REPLY BRIEF re #165 MOTION to Compel Against Defendant Georgia Cancer Specialists I, P.C. filed by Christy Curtis, Natalie Raven. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Simpson, Gregory) |
| Submission of #155 MOTION to Compel Response to Interrogatory No. 8 and Request for Production No. 14 to Defendant Georgia Cancer Specialists I, P.C. , submitted to District Judge Charles A. Pannell. (tcc) |
| Filing 168 RESPONSE in Opposition re #165 MOTION to Compel Against Defendant Georgia Cancer Specialists I, P.C. filed by Georgia Cancer Specialists I, P.C.. (Danzig, Aaron) |
| Filing 167 REPLY BRIEF re #155 MOTION to Compel Response to Interrogatory No. 8 and Request for Production No. 14 to Defendant Georgia Cancer Specialists I, P.C. filed by Christy Curtis, Natalie Raven. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Simpson, Gregory) |
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Filing 166
ORDER granting #164 Motion for Clarification. The expert discovery deadlines and deadline for any motions for summary judgment will be as follows: 1. Expert disclosure reports will be due on April 13, 2017; 2. Rebuttal reports to the original expert disclosure reports will be due May 15, 2017; 3. Expert discovery will close on June 14, 2017; and 4. Daubert motions and motions for summary judgment will be due on July 14, 2017. Signed by Judge Charles A. Pannell, Jr on 3/29/2017. (tcc)
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| Filing 165 MOTION to Compel Against Defendant Georgia Cancer Specialists I, P.C. with Brief In Support by Christy Curtis, Natalie Raven. (Attachments: #1 Brief, #2 List of Exhibits, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13)(Simpson, Gregory) |
| Filing 164 Joint MOTION for Clarification re: #128 Scheduling Order,,, #132 Scheduling Order,,, with Brief In Support by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Text of Proposed Order)(Danzig, Aaron) |
| Filing 163 RESPONSE in Opposition re #155 MOTION to Compel Response to Interrogatory No. 8 and Request for Production No. 14 to Defendant Georgia Cancer Specialists I, P.C. filed by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Exhibit 1 - Christy Curtis depo excerpts, #2 Exhibit 2 - Cox v. Adm'r, U.S. Steel & Carnegie, #3 Exhibit 3 - Alaa-El-Din Soltan depo excerpts)(Danzig, Aaron) |
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Filing 162
ORDER GRANTING #160 Joint Motion to Dismiss the claims against Option Care and AHS pursuant to settlement. The claims against Option Care and AHS are dismissed with prejudice as to Relators and without prejudice as to the United States and the State of Georgia. The claims against all defendants other than Option Care and AHS shall remain pending. The Court shall retain jurisdiction with respect to the determination of any relators' share to which Relators are entitled pursuant to 31 U.S.C. 3730(d). Signed by Judge Charles A. Pannell, Jr on 3/23/2017. (tcc)
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| Filing 161 NOTICE of Consent to Dismissal of Option Care Enterprises, Inc. and American Homecare Supply IV Georgia, LLC by United States ex rel. (Huber, Christopher) |
| Filing 160 Joint MOTION to Dismiss Claims Against Option Care Enterprises, Inc. and American Homecare Supply IV Georgia, LLC Pursuant to Settlement by Christy Curtis, Natalie Raven. (Attachments: #1 Text of Proposed Order)(Simpson, Gregory) |
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Filing 159
ORDER that the #154 Joint Motion to Dismiss the claims against E. Phillip Stone pursuant to settlement is GRANTED, and the claims against Stone are dismissed with prejudice as to Relators and without prejudice as to the United States and the State of Georgia. The claims against all defendants other than Stone shall remain pending. The Court shall retain jurisdiction with respect to the determination of any relators' share to which Relators are entitled pursuant to 31 U.S.C. 3730(d). Signed by Judge Charles A. Pannell, Jr on 3/15/2017. (tcc)
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| Filing 158 CERTIFICATE OF SERVICE Pursuant to Local Rule 5.4 by American Homecare Supply IV Georgia, LLC, Option Care Enterprises, Inc..(Herbst, Daniel) |
| Filing 157 CERTIFICATE OF SERVICE of 1) Defendant E. Phillip Stone's Responses and Objections to Relator's First Request for Production of Documents, and 2) Defendant E. Phillip Stone's Responses and Objections to Relator's First Interrogatories by E. Phillip Stone.(Cobb, James) |
| Filing 156 NOTICE by United States ex rel. Raven (Huber, Christopher) |
| Submission of #154 Joint MOTION to Dismiss Claims Against E. Phillip Stone Pursuant to Settlement, submitted to District Judge Charles A. Pannell. (tcc) |
| Filing 155 MOTION to Compel Response to Interrogatory No. 8 and Request for Production No. 14 to Defendant Georgia Cancer Specialists I, P.C. with Brief In Support by Christy Curtis, Natalie Raven. (Attachments: #1 Brief, #2 Exhibit List, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14)(Simpson, Gregory) |
| Filing 154 Joint MOTION to Dismiss Claims Against E. Phillip Stone Pursuant to Settlement by Christy Curtis, Natalie Raven. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Simpson, Gregory) |
| Filing 153 CERTIFICATE OF SERVICE Rule 5.4 Certificate re: GCS's Supplemental Responses to Relators' First Request for Production of Documents by Georgia Cancer Specialists I, P.C..(Danzig, Aaron) |
| Filing 152 CERTIFICATE OF SERVICE by Christy Curtis, Natalie Raven.(Simpson, Gregory) |
| Filing 151 CERTIFICATE OF SERVICE Pursuant to Local Rule 5.4 by Georgia Cancer Specialists I, P.C..(Danzig, Aaron) |
| Filing 150 CERTIFICATE OF SERVICE re #131 Initial Disclosures Supplemental Disclosures by Georgia Cancer Specialists I, P.C..(Burnette, Jeremy) |
| Filing 149 CERTIFICATE OF SERVICE Pursuant to Local Rule 5.4 by Georgia Cancer Specialists I, P.C..(Danzig, Aaron) |
| Filing 148 CERTIFICATE OF SERVICE by Christy Curtis, Natalie Raven.(Simpson, Gregory) |
| Filing 147 Notice for Leave of Absence for the following date(s): February 22, 2017 through February 25, 2017, March 8, 2017 through March 10, 2017, April 3, 2017 through April 7, 2017, May 24, 2017 through May 26, 2017, and June 7, 2017 through June 17, 2017, by Aaron M. Danzig. (Danzig, Aaron) |
| Filing 146 NOTICE to Take Deposition of Christy Curtis filed by Georgia Cancer Specialists I, P.C. (Danzig, Aaron) |
| Filing 145 NOTICE to Take Deposition of Natalie Raven filed by Georgia Cancer Specialists I, P.C. (Danzig, Aaron) |
| Filing 144 CERTIFICATE OF SERVICE of Discovery Responses by United States ex rel..(Huber, Christopher) |
| Filing 143 CERTIFICATE OF SERVICE Pursuant to Local Rule 5.4 by Georgia Cancer Specialists I, P.C..(Danzig, Aaron) |
| Filing 142 NOTICE by Georgia Cancer Specialists I, P.C. of Service of Subpoena to The US Attorney's Office/Northern District of Georgia (Attachments: #1 Exhibit A - Subpoena to US Atty's Office)(Danzig, Aaron) |
| Filing 141 Notice for Leave of Absence for the following date(s): 01/09/17, 01/10/17,01/11/17,01/12/17,01/13/17, by James P. Kelly, Jr. (Kelly, James) |
| Filing 140 CERTIFICATE OF SERVICE filed by Georgia Cancer Specialists I, P.C. re: GCS' Supplemental Responses to Relators First Request for Production of Documents (Danzig, Aaron) |
| Filing 139 CERTIFICATE OF SERVICE Rule 5.4 re: GCS' Supplemental Response to Relators' First Set of Interrogatories and GCS' Responses to Relators First Request for Production of Documents by Georgia Cancer Specialists I, P.C..(Danzig, Aaron) |
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Filing 138
STIPULATED PROTECTIVE ORDER. Signed by Judge Charles A. Pannell, Jr on 11/9/2016. (tcc)
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| Filing 137 Joint MOTION for Protective Order by Christy Curtis, Natalie Raven. (Attachments: #1 Stipulated Protective Order)(Simpson, Gregory) |
| Filing 136 CERTIFICATE OF SERVICE by Christy Curtis, Natalie Raven.(Simpson, Gregory) |
| Filing 135 Notice for Leave of Absence for the following date(s): October 5, 2016 through October 7, 2016; December 26, 2016 through December 30, 2016; February 22, 2017 through February 27, 2017; April 3, 2017 through April 7, 2017; and June 7, 2017 through June 16, 2017, by Aaron M. Danzig. (Danzig, Aaron) |
| Filing 134 CERTIFICATE OF SERVICE Pursuant to Local Rule 5.4 by Georgia Cancer Specialists I, P.C..(Danzig, Aaron) |
| Filing 133 CERTIFICATE OF SERVICE filed by Georgia Cancer Specialists I, P.C. (Burnette, Jeremy) |
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Filing 132
ORDER - The requested expert discovery schedule [Doc. No. #130 ] is GRANTED. In view of the fact that this case is on an eight-month discovery track along with an additional three months for expert discovery, the court will be amenable to extensions only when very good cause is shown. This is so even when the parties are in agreement. The following is the expert discovery schedule: 1. Expert disclosure reports will be due thirty days after the close of fact discovery; 2. Rebuttal reports to the original expert disclosure reports will be due thirty days after the expert disclosure reports are due; 3. Expert discovery will then continue for another thirty days to allow for depositions; expert discovery shall then close;4. Daubert motions will be due thirty days after the close of expert discovery. Signed by Judge Charles A. Pannell, Jr on 7/7/2016. (tcc)
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| Filing 131 Initial Disclosures by Georgia Cancer Specialists I, P.C..(Burnette, Jeremy) |
| Filing 130 Joint Detailed Discovery Plan by Georgia Cancer Specialists I, P.C..(Burnette, Jeremy) |
| Filing 129 CERTIFICATE OF SERVICE re #127 Answer to Amended Complaint Amended by E. Phillip Stone.(Cobb, James) |
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Filing 128
SCHEDULING ORDER: The court orders that the time limits for adding parties, amending pleadings, filing motions, completing discovery, and discussing settlement are stated in the #123 Joint Preliminary Report and Discovery Plan except as herein modified: Daubert motions with regard to expert testimony shall be filed no later than 30 days after the close of discovery. This case will proceed on an eight (8) month discovery track. The court notes that the parties have requested a scheduling conference to set a schedule for expert disclosures and expert discovery. Before the court will set a conference, the parties must submit their proposals for expert disclosures and discovery. If possible, the parties should submit a joint proposal, if they do not agree they may submit separate proposals. The proposals are due by July 1, 2016. Signed by Judge Charles A. Pannell, Jr on 6/20/2016. (tcc)
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| Filing 127 ANSWER to #13 Amended Complaint by E. Phillip Stone.(Cobb, James) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 126 ANSWER to #13 Amended Complaint by American Homecare Supply IV Georgia, LLC.(Herbst, Daniel) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 125 ANSWER to #13 Amended Complaint by Option Care Enterprises, Inc..(Herbst, Daniel) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 124 ANSWER to #13 Amended Complaint by Georgia Cancer Specialists I, P.C.. Discovery ends on 11/14/2016.(Burnette, Jeremy) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 123 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Christy Curtis, Natalie Raven. (Simpson, Gregory) |
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Filing 122
ORDER granting #121 Motion for Extension of Time to Answer re #13 Amended Complaint. All of the Defendants shall have through and including June 14, 2016 to file their Answers to the First Amended Complaint, and the parties shall have until that same date to submit the joint preliminary report and discovery plan to the Court. Signed by Judge Charles A. Pannell, Jr on 4/13/2016. (tcc)
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| Filing 121 Unopposed MOTION for Extension of Time to File Answer re #13 Amended Complaint,, and to File Joint Preliminary Report and Discovery Plan by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Text of Proposed Order)(Burnette, Jeremy) |
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Filing 120
ORDER - As a preliminary matter, the court SUSTAINS Georgia Cancer Specialists, P.C.'s, objection [Doc. No. #114 ] to the court's consideration of the settlement agreement attached to the relators' response brief [Doc. No. 107-1]. To summarize, the court reaches the following conclusions: 1. E. Phillip Stone's motion to dismiss [Doc. No. #96 ] is GRANTED as to claims submitted on or before March 29, 2005; GRANTED as to the relators' conspiracy claim; and DENIED to the extent it seeks dismissal under Rules 9(b) and 12(b)(6); 2. Air Product and Chemicals, Inc.'s, motion to dismiss [Doc. No. #91 ] is GRANTED, and the clerk is DIRECTED to terminate this party from the case; 3. Georgia Cancer Specialists I, P.C.'s, motion to dismiss [Doc. No. #95 ] is GRANTED as to claims submitted on or before March 29, 2005, and the motion is DENIED insofar as it seeks dismissal of the relators' alleged violations of the Stark Law, the Anti-Kickback Statute, and the FCA under 31 U.S.C. 3729(a)(1); 4. Option Care Enterprises, Inc., and American Homecare Supply IV Georgia, LLC's, motion to dismiss [Doc. No. #94 ] is DENIED (for claims submitted within the applicable limitations period); and 5. The relators' request to amend their first amended complaint in their responsive briefing [Doc. Nos. #107 , #108 ] is DENIED. As a result of these holdings, the relators' claim under the GFCA (Count II of the first amended complaint) and their claims under 31 U.S.C. 3729(a)(2), 3729(a)(3), and 3729(a)(7) are DISMISSED WITHOUT PREJUDICE. The relators are limited to pursuing their FCA action under 31 U.S.C. 3729(a)(1) for claims submitted to the United States government in the applicable six-year limitations period. Further, all of the claims in the first amended complaint against Air Products are DISMISSED WITHOUT PREJUDICE. The parties are ORDERED to submit a joint preliminary report and discovery plan within thirty days of the date of this order's entry on the docket. Signed by Judge Charles A. Pannell, Jr on 4/1/2016. (tcc)
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| Submission of #94 MOTION to Dismiss , #91 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' First Amended Complaint, #96 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #95 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , submitted to District Judge Charles A. Pannell. (tcc) |
| Filing 119 Notice for Leave of Absence for the following date(s): 3/15-18/2016, 3/28-29/2016, by Seslee S. Smith. (Smith, Seslee) |
| Filing 118 REPLY BRIEF re #96 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by E. Phillip Stone. (Cobb, James) |
| Filing 117 REPLY to Response to Motion re #95 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Georgia Cancer Specialists I, P.C.. (Burnette, Jeremy) |
| Filing 116 RESPONSE in Support re #91 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' First Amended Complaint filed by Air Products and Chemicals, Inc.. (Smith, Seslee) |
| Filing 114 NOTICE by Georgia Cancer Specialists I, P.C. NOTICE OF OBJECTION (Attachments: #1 [DE 107] Relators' Response in Opposition to GCS' Motion to Dismiss, #2 [DE 107-1] Settlement Agreement, #3 [DE 95] Georgia Cancer Specialists Motion to Dismiss, #4 [DE 95-1] Georgia Cancer Specialists Motion to Dismiss and its Memorandum in Support)(Danzig, Aaron) |
| Filing 112 REPLY to Response to Motion re #94 MOTION to Dismiss filed by American Homecare Supply IV Georgia, LLC, Option Care Enterprises, Inc.. (Herbst, Daniel) |
| Filing 111 Notice for Leave of Absence for the following date(s): March 21, 2016 - March 26, 2016; April 13, 2016 - April 15, 2016 , by James P. Kelly, Jr. (Kelly, James) |
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Filing 110
ORDER that the Defendants' #109 Joint Unopposed Motion for Extension of Time to Reply to Relators' Opposition Brief is GRANTED. All of the Defendants shall have through and including February 8, 2016, to file their briefs in reply to Relators' opposition briefs. Signed by Judge Charles A. Pannell, Jr on 1/19/2016. (tcc)
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| Filing 109 Unopposed MOTION for Extension of Time to File Brief in Reply to Relators' Opposition Brief on Behalf of All Defendants by Georgia Cancer Specialists I, P.C.. (Burnette, Jeremy) |
| Filing 108 RESPONSE re #91 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' First Amended Complaint, #94 MOTION to Dismiss , #96 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Christy Curtis, Natalie Raven. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Simpson, Gregory) |
| Filing 107 RESPONSE re #95 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Christy Curtis, Natalie Raven. (Attachments: #1 Exhibit 1)(Simpson, Gregory) |
| Filing 106 Notice for Leave of Absence for the following date(s): February 5, 2016; February 12, 2016; February 19, 2016; March 2-4, 2016; March 25, 2016; and April 4-8, 2016, by Aaron M. Danzig. (Danzig, Aaron) |
| Filing 105 Initial Disclosures by Air Products and Chemicals, Inc..(Smith, Seslee) |
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Filing 104
ORDER granting #103 Motion for Extension of Time. The parties shall hold a Rule 26(f) planning conference within 14 days after the Court rules on the last of the pending motions to dismiss (Docket Nos. #91 , #94 , #95 , #96 ), and shall file a Local Rule 16.2 Joint Preliminary Report and Discovery Plan within 30 days after such planning conference. Signed by Judge Charles A. Pannell, Jr on 12/9/2015. (tcc)
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| Filing 103 Joint MOTION for Extension of Time Hold Rule 26(f) Planning Conference and File Local Rule 16.2 Report by Christy Curtis, Natalie Raven. (Attachments: #1 Text of Proposed Order)(Simpson, Gregory) |
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Filing 102
ORDER GRANTING Relators #100 Motion to extend the time to respond to the motions to dismiss filed by Defendants (Docket Nos. #91 , #94 , #95 , #96 ). Relators may file their responses to the motions to dismiss no later than January 11, 2016. Signed by Judge Charles A. Pannell, Jr on 12/3/2015. (tcc)
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Filing 101
ORDER granting #92 Application for Admission of Petitioner Daniel Zev Herbst to appear Pro Hac Vice. Signed by Judge Charles A. Pannell, Jr on 12/3/2015. (tcc)
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| Filing 100 Consent MOTION for Extension of Time Respond to Motions to Dismiss re: #91 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' First Amended Complaint, #95 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #94 MOTION to Dismiss , #96 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Christy Curtis, Natalie Raven. (Attachments: #1 Text of Proposed Order)(Simpson, Gregory) |
| Clerks Certificate of Mailing re Daniel Zev Herbst re #101 Order on Application for Admission PHV. Notice of street name change for the Atlanta courthouse included. (tcc) |
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Filing 99
ORDER that Defendant Georgia Cancer Specialists I, PC's #97 Motion to Adopt Defendant E. Phillip Stone's Motion to Dismiss Relators' First Amended Complaint with Prejudice is hereby GRANTED. Accordingly, the Court hereby incorporates by reference the arguments raised in Defendant E. Phillip Stone's #96 Motion to Dismiss Relators' First Amended Complaint with Prejudice and the Memorandum in Support (Doc. 96-1), specifically Section III(D), into Defendant Georgia Cancer Specialists I, PC's #95 Motion to Dismiss. Signed by Judge Charles A. Pannell, Jr on 12/1/2015. (tcc)
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| Filing 98 Corporate Disclosure Statement by American Homecare Supply IV Georgia, LLC, Option Care Enterprises, Inc. identifying Corporate Parent Walgreens Infusion Services, Inc., Other Affiliate Walgreen Co., Other Affiliate Walgreens Boots Alliance, Inc. for Option Care Enterprises, Inc. by American Homecare Supply IV Georgia, LLC, Option Care Enterprises, Inc..(Cornwell, Dorothy) |
| APPROVAL by Clerks Office re: #92 APPLICATION for Admission of Daniel Zev Herbst Pro Hac Vice (Application fee $ 150, receipt number 113E-6159647). Attorney Daniel Zev Herbst added appearing on behalf of American Homecare Supply IV Georgia, LLC, Option Care Enterprises, Inc. (pb) |
| Filing 97 MOTION for Order to Adopt the Arguments Raised in Defendant Stone's Motion to Dismiss Relators' First Amended Complaint with Prejudice and Incorporated Memorandum in Support by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Text of Proposed Order)(Danzig, Aaron) |
| Filing 96 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by E. Phillip Stone. (Attachments: #1 Brief In Support)(Cobb, James) |
| Filing 95 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Brief)(Burnette, Jeremy) |
| Filing 94 MOTION to Dismiss with Brief In Support by American Homecare Supply IV Georgia, LLC, Option Care Enterprises, Inc.. (Attachments: #1 Brief, #2 Exhibit Exhibit A)(Cornwell, Dorothy) |
| Filing 93 Certificate of Interested Persons and Corporate Disclosure Statement by American Homecare Supply IV Georgia, LLC, Option Care Enterprises, Inc.. (Cornwell, Dorothy) |
| Filing 92 APPLICATION for Admission of Daniel Zev Herbst Pro Hac Vice (Application fee $ 150, receipt number 113E-6159647)by American Homecare Supply IV Georgia, LLC, Option Care Enterprises, Inc.. (Cornwell, Dorothy) |
| Filing 91 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' First Amended Complaint with Brief In Support by Air Products and Chemicals, Inc.. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Smith, Seslee) |
| Filing 90 NOTICE of Change of Address for Jeremy Patrick Burnette, counsel for Georgia Cancer Specialists I, P.C. (Burnette, Jeremy) |
| Filing 89 NOTICE of Change of Address for Benjamin Wayne Cheesbro, counsel for E. Phillip Stone (Cheesbro, Benjamin) |
| Filing 88 NOTICE of Change of Address for James William Cobb, counsel for E. Phillip Stone (Cobb, James) |
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Filing 87
ORDER GRANTING #72 Application for Admission Pro Hac Vice of Stewart W. Kameen. Signed by Judge Charles A. Pannell, Jr on 10/7/2015. (adg)
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Filing 86
ORDER GRANTING #71 Application for Admission Pro Hac Vice of Kelly J. Davidson. Signed by Judge Charles A. Pannell, Jr on 10/7/2015. (adg)
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| Filing 85 NOTICE of Appearance by Aaron M. Danzig on behalf of Georgia Cancer Specialists I, P.C. (Danzig, Aaron) |
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Filing 84
ORDER GRANTING #83 Second Unopposed Motion for Extension of Time through and including 11/23/2015 for defendant Air Products and Chemicals, Inc. to Answer #13 Amended Complaint. Signed by Judge Charles A. Pannell, Jr on 10/7/2015. (adg)
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| Filing 83 Second MOTION for Extension of Time to File Answer to Relators' First Amended Complaint by Air Products and Chemicals, Inc.. (Attachments: #1 Exhibit A)(Smith, Seslee) |
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Filing 82
ORDER GRANTING #81 Motion for Extension of Time through and including 11/23/2015 for Georgia Cancer Specialists I, P.C. to Answer re #13 First Amended Complaint. Signed by Judge Charles A. Pannell, Jr on 10/6/2015. (adg)
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| APPROVAL by Clerks Office re: #71 APPLICATION for Admission of Kelly J. Davidson Pro Hac Vice (Application fee $ 150, receipt number 113E-6060650). Attorney Kelly J. Davidson added appearing on behalf of Air Products and Chemicals, Inc. (pb) |
| APPROVAL by Clerks Office re: #72 APPLICATION for Admission of Stewart W. Kameen Pro Hac Vice (Application fee $ 150, receipt number 113E-6060709). Attorney Stewart W. Kameen added appearing on behalf of Air Products and Chemicals, Inc. (pb) |
| Filing 81 Second MOTION for Extension of Time to File Answer re #13 Amended Complaint,, by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Exhibit A (Proposed Order))(Burnette, Jeremy) |
| Filing 80 Certificate of Interested Persons by Georgia Cancer Specialists I, P.C.. (Burnette, Jeremy) |
| Filing 79 NOTICE of Appearance by Jeremy Patrick Burnette on behalf of Georgia Cancer Specialists I, P.C. (Burnette, Jeremy) |
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Filing 78
ORDER GRANTING #64 Application for Admission Pro Hac Vice of Eric Dubelier. Signed by Judge Charles A. Pannell, Jr on 10/1/2015. (adg)
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Filing 77
ORDER GRANTING #63 Application for Admission Pro Hac Vice of Joseph Metro.. Signed by Judge Charles A. Pannell, Jr on 10/1/2015. (adg)
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Filing 76
ORDER GRANTING #62 Application for Admission Pro Hac Vice of Stacey Forbes. Signed by Judge Charles A. Pannell, Jr on 10/1/2015. (adg)
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| Filing 75 Certificate of Interested Persons and Corporate Disclosure Statement by Air Products and Chemicals, Inc.. (Smith, Seslee) Modified on 10/1/2015 (adg). |
| APPROVAL by Clerks Office re: #63 APPLICATION for Admission of Joseph Metro Pro Hac Vice (Application fee $ 150, receipt number 113E-6055859). Attorney Joseph Metro added appearing on behalf of American Homecare Supply IV Georgia, LLC, Option Care Enterprises, Inc. (pb) |
| APPROVAL by Clerks Office re: #64 APPLICATION for Admission of Eric Dubelier Pro Hac Vice (Application fee $ 150, receipt number 113E-6055871). Attorney Eric Dubelier added appearing on behalf of American Homecare Supply IV Georgia, LLC, Option Care Enterprises, Inc. (pb) |
| APPROVAL by Clerks Office re: #62 APPLICATION for Admission of Stacey Forbes Pro Hac Vice (Application fee $ 150, receipt number 113E-6055850). Attorney Stacey Forbes added appearing on behalf of American Homecare Supply IV Georgia, LLC, Option Care Enterprises, Inc. (pb) |
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Filing 74
ORDER GRANTING #67 Motion for Extension of Time through and including 11/23/2015 for defendant E. Phillip Stone to Answer #13 Amended Complaint. Signed by Judge Charles A. Pannell, Jr on 9/23/2015. (adg)
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| Filing 73 Certificate of Interested Persons by Christy Curtis, Natalie Raven. (Simpson, Gregory) |
| Filing 72 APPLICATION for Admission of Stewart W. Kameen Pro Hac Vice (Application fee $ 150, receipt number 113E-6060709)by Air Products and Chemicals, Inc.. (Smith, Seslee) |
| Filing 71 APPLICATION for Admission of Kelly J. Davidson Pro Hac Vice (Application fee $ 150, receipt number 113E-6060650)by Air Products and Chemicals, Inc.. (Smith, Seslee) |
| Filing 70 NOTICE of Appearance by James P. Kelly, Jr on behalf of E. Phillip Stone (Kelly, James) |
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Filing 69
ORDER GRANTING #61 Motion for Extension of Time through and including 11/23/2015 for American Homecare Supply IV Georgia, LLC and Option Care Enterprises, Inc. to Answer #13 Amended Complaint. Signed by Judge Charles A. Pannell, Jr on 11/22/2015. (adg)
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| Filing 68 Certificate of Interested Persons by E. Phillip Stone. (Cobb, James) |
| Filing 67 MOTION for Extension of Time to File Answer to Complaint by E. Phillip Stone. (Attachments: #1 Text of Proposed Order)(Cobb, James) |
| Filing 66 NOTICE of Appearance by Benjamin Wayne Cheesbro on behalf of E. Phillip Stone (Cheesbro, Benjamin) |
| Filing 65 NOTICE of Appearance by James William Cobb on behalf of E. Phillip Stone (Cobb, James) |
| Filing 64 APPLICATION for Admission of Eric Dubelier Pro Hac Vice (Application fee $ 150, receipt number 113E-6055871)by American Homecare Supply IV Georgia, LLC, Option Care Enterprises, Inc.. (Myers, Lawrence) |
| Filing 63 APPLICATION for Admission of Joseph Metro Pro Hac Vice (Application fee $ 150, receipt number 113E-6055859)by American Homecare Supply IV Georgia, LLC, Option Care Enterprises, Inc.. (Myers, Lawrence) |
| Filing 62 APPLICATION for Admission of Stacey Forbes Pro Hac Vice (Application fee $ 150, receipt number 113E-6055850)by American Homecare Supply IV Georgia, LLC, Option Care Enterprises, Inc.. (Myers, Lawrence) |
| Filing 61 Consent MOTION for Extension of Time to File Answer re #13 Amended Complaint,, by American Homecare Supply IV Georgia, LLC, Option Care Enterprises, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Cornwell, Dorothy) |
| Filing 60 NOTICE of Appearance by Dorothy Cornwell on behalf of American Homecare Supply IV Georgia, LLC, Option Care Enterprises, Inc. (Cornwell, Dorothy) |
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Filing 59
ORDER GRANTING #58 Motion for Extension of Time through and including 11/20/2015 for Air Products and Chemicals, Inc. to Answer #13 Amended Complaint. Signed by Judge Charles A. Pannell, Jr on 9/21/2015. (adg)
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| Filing 58 Unopposed MOTION for Extension of Time to File Answer to Relator's First Amended Complaint by Air Products and Chemicals, Inc.. (Attachments: #1 Exhibit A)(Smith, Seslee) |
| Filing 57 NOTICE of Appearance by Robert C. Threlkeld on behalf of Air Products and Chemicals, Inc. (Threlkeld, Robert) |
| Filing 56 NOTICE of Appearance by Seslee S. Smith on behalf of Air Products and Chemicals, Inc. (Smith, Seslee) |
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Filing 55
ORDER GRANTING #53 Motion for Extension of Time through andincluding 10/26/2015 for Georgia Cancer Specialists I, P.C. to Answer #13 Amended Complaint. Signed by Judge Charles A. Pannell, Jr on 9/16/2015. (adg)
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| Filing 53 Unopposed MOTION for Extension of Time to File Answer re #13 Amended Complaint,, by Georgia Cancer Specialists I, P.C.. (Attachments: #1 Exhibit A: Proposed Order)(Burnette, Jeremy) |
| Filing 54 Letter from CT Corp regarding Air Products Healthcare Southeast, LLC. (adg) |
| Filing 52 Electronic Summons Issued as to Option Care Enterprises, Inc.. (adg) |
| Filing 51 Electronic Summons Issued as to Air Products Healthcare Southeast, LLC. (adg) |
| Filing 50 Electronic Summons Issued as to Air Products and Chemicals, Inc.. (adg) |
| Filing 49 Electronic Summons Issued as to American Homecare Supply IV Georgia, LLC. (adg) |
| Filing 48 Electronic Summons Issued as to E. Phillip Stone. (adg) |
| Filing 47 Electronic Summons Issued as to Georgia Cancer Specialists I, P.C.. (adg) |
| Filing 46 PROPOSED SUMMONS filed by Christy Curtis, Natalie Raven Option Care Enterprises, Inc. (Simpson, Gregory) |
| Filing 45 PROPOSED SUMMONS filed by Christy Curtis, Natalie Raven Air Products Healthcare Southeast, LLC (Simpson, Gregory) |
| Filing 44 PROPOSED SUMMONS filed by Christy Curtis, Natalie Raven Air Products and Chemicals, Inc. (Simpson, Gregory) |
| Filing 43 PROPOSED SUMMONS filed by Christy Curtis, Natalie Raven American Homecare Supply IV Georgia, LLC (Simpson, Gregory) |
| Filing 42 PROPOSED SUMMONS filed by Christy Curtis, Natalie Raven E. Phillip Stone (Simpson, Gregory) |
| Filing 41 PROPOSED SUMMONS filed by Christy Curtis, Natalie Raven Georgia Cancer Specialists I, P.C. (Simpson, Gregory) |
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Filing 40
ORDER granting #39 Application for Admission Pro Hac Vice by Louis J. Cohen. Signed by Judge Charles A. Pannell, Jr on 7/07/2015. (dfb)
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| Clerks Certificate of Mailing. Copy of #40 Order on Application for Admission PHV mailed to attorney Louis J. Cohen. (dfb) |
| APPROVAL by Clerks Office re: #39 APPLICATION for Admission of Louis J. Cohen Pro Hac Vice (Application fee $ 150, receipt number 113E-5895755). Attorney Louis J. Cohen added appearing on behalf of Christy Curtis, Natalie Raven, United States ex rel. (pb) |
| Filing 39 APPLICATION for Admission of Louis J. Cohen Pro Hac Vice (Application fee $ 150, receipt number 113E-5895755)by Christy Curtis, Natalie Raven. (Simpson, Gregory) |
| Clerks Certificate of Mailing as to attorney Louis J. Cohen re #38 Order. (dfb) |
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Filing 38
ORDER re #37 The Notice of Election to Decline Intervention filed by United States ex rel. It is Ordered that the Complaint and First Amended Complaint be unsealed and the First Amended Complaint be served upon the defendants by the relator. All other contents of the Court's file in this action shall remain under seal and not be made public or served upon the defendant, except for this Order and The Notice of Election to Decline Intervention. The seal shall be lifted as to all other matters occurring in this action after the date of this Order. Signed by Judge Charles A. Pannell, Jr. on 5/12/2015. (dfb)
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| Filing 37 NOTICE of Election to Decline to Intervene by United States ex rel. (Attachments: #1 Text of Proposed Order)(adg) |
| Filing 13 AMENDED COMPLAINT against Air Products Healthcare Southeast, LLC, Amedisys, Inc., American Homecare Supply IV Georgia, LLC, Georgia Cancer Specialists I, P.C., E. Phillip Stone, Option Care Enterprises, Inc., Air Products and Chemicals, Inc.with Jury Demand, filed by State of Georgia ex rel., United States ex rel., Christy Curtis, Natalie Raven. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(adg) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 1 COMPLAINT with Jury Demand filed by Natalie Raven and Christy Curtis. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. ( Filing fee $ 350.00 receipt number 33945.) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
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