United States of America et al v. Emory Healthcare, Inc. et al
| United States of America, The State of Georgia, ex rel. and Alvin B. Galuten, M.D. |
| Emory Healthcare, Inc., Grady Memorial Hospital and Jamilk-Omari Johnson |
| 1:2014cv02408 |
| July 25, 2014 |
| US District Court for the Northern District of Georgia |
| Leigh Martin May |
| Other Statutes: False Claims Act |
| 31 U.S.C. § 3729 False Claims Act |
| Both |
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Filing 188
ORDER: Consistent with Relator Alvin B. Galutens Joint Stipulation of Voluntary Dismissal With Prejudice #186 and the Governments Notice of Consent #187 , the Court ORDERS that Defendants Emory Healthcare, Inc. and Grady Memorial Hospital are DISMISSED WITH PREJUDICE as to the Relator and DISMISSED WITHOUT PREJUDICE as to the Government. The Clerk is DIRECTED to close this case. Signed by Judge Leigh Martin May on 8/27/2021. (rjc)
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| Filing 187 NOTICE of Consent to #186 Voluntary Dismissal by The State of Georgia, ex rel. (Vann, Sara) Modified on 8/30/2021 to add docket relationship and edit text. (cmd) |
| Civil Case Terminated. (rjc) |
| Clerk's Entry of Dismissal APPROVING #186 Stipulation of Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii) as to Alvin B. Galuten only. (rjc) |
| Filing 186 STIPULATION of Dismissal (Joint) by Alvin B. Galuten, MD. (Jones, Carlton) |
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Filing 185
ORDER granting #183 Motion to Dismiss. Defendant Jamilk Omari- Johnson is DISMISSED WITHOUT PREJUDICE. Signed by Judge Leigh Martin May on 7/14/2021. (rjc)
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| Filing 184 NOTICE by The State of Georgia, ex rel., United States of America of Consent to Motion to Dismiss (Ben-David, Neeli) |
| Submission of #182 Status Conference to District Judge Leigh Martin May. (rjc) |
| Filing 183 Consent MOTION to Dismiss Without Prejudice Defendant Dr. Jamlik-Omari Johnson by Alvin B. Galuten, MD. (Jones, Peter) |
| Filing 182 Minute Entry for proceedings held before Judge Leigh Martin May: Status Conference held on 5/7/2021. The parties provided a status update. The Court directed the parties to provide a status report in the next 60 days. (Court Reporter Montrell Vann)(tmf) |
| NOTICE OF CANCELLATION of Hearing re: Status Conference set for 5/3/2021 at 08:30 AM via Zoom before Judge Leigh Martin May. New date to be determined. (bnp) |
| NOTICE of Hearing: Status Conference set for 5/7/2021 at 02:00 PM via Zoom before Judge Leigh Martin May. (bnp) |
| NOTICE OF VIDEO PROCEEDING : Status Conference set for 5/7/2021 at 02:00 PM via Zoom before Judge Leigh Martin May. Connection Instructions: https://ganduscourts.zoomgov.com/j/1611732860 Meeting ID: 161 173 2860 Passcode: 123456 You must follow the instructions of the Court for remote proceedings available #here. The procedure for filing documentary exhibits admitted during the proceeding is available #here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (bnp) |
| NOTICE of Hearing: Status Conference set for 5/3/2021 at 08:30 AM via Zoom before Judge Leigh Martin May. (bnp) |
| NOTICE OF CANCELLATION of Hearing re: Status Conference set for 4/23/2021 at 11:00 AM via Zoom before Judge Leigh Martin May. New date to be determined. (bnp) |
| NOTICE of Hearing: Status Conference reset for 4/23/2021 at 11:00 AM via Zoom before Judge Leigh Martin May. (bnp) |
| NOTICE of Hearing: Status Conference set for 4/22/2021 at 11:00 AM via Zoom before Judge Leigh Martin May. (bnp) |
| NOTICE OF CANCELLATION of Hearing re: NOTICE of Hearing: Status Conference set for 4/1/2021 at 10:00 AM via Zoom before Judge Leigh Martin May. New date to be determined. (bnp) |
| NOTICE OF VIDEO PROCEEDING : Status Conference set for 4/1/2021 at 10:00 AM via Zoom before Judge Leigh Martin May. Connection Instructions: https://ganduscourts.zoomgov.com/j/1612455183 Meeting ID: 161 245 5183 Passcode: 123456 You must follow the instructions of the Court for remote proceedings available #here. The procedure for filing documentary exhibits admitted during the proceeding is available #here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (bnp) |
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Filing 181
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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| NOTICE of Hearing: Status Conference set for 4/1/2021 at 10:00 AM via Zoom before Judge Leigh Martin May. (bnp) |
| NOTICE OF CANCELLATION of Hearing re: Status Conference set for 3/1/2021 at 10:00 AM via Zoom before Judge Leigh Martin May. (bnp) |
| NOTICE OF VIDEO PROCEEDING : Status Conference set for 3/1/2021 at 10:00 AM via Zoom before Judge Leigh Martin May. Connection Instructions: https://ganduscourts.zoomgov.com/j/1604184532 Meeting ID: 160 418 4532 Passcode: 123456 You must follow the instructions of the Court for remote proceedings available #here. The procedure for filing documentary exhibits admitted during the proceeding is available #here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (bnp) |
| NOTICE of Hearing: Status Conference set for 3/1/2021 at 10:00 AM via Zoom before Judge Leigh Martin May. (bnp) |
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Filing 180
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 179 Minute Entry for proceedings held before Judge Leigh Martin May: Motion Hearing held on 1/27/2021. #175 Motion for Protective Order GRANTED The Court heard from the parties regarding the Emory Defendants' Motion for Protective Order #175 . The Motion is GRANTED for the reasons stated during the videoconference. The parties are directed to refer to the transcript for full details. The Court will schedule another conference 30 days from now. (Court Reporter Montrell Vann)(tmf) |
| NOTICE OF VIDEO PROCEEDING re: #175 MOTION for Protective Order . Motion Hearing set for 1/27/2021 at 10:00 AM via Zoom before Judge Leigh Martin May. Connection Instructions: https://ganduscourts.zoomgov.com/j/1615787894 Meeting ID: 161 578 7894 Passcode: 123456 You must follow the instructions of the Court for remote proceedings available #here. The procedure for filing documentary exhibits admitted during the proceeding is available #here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (bnp) |
| NOTICE of Hearing on Motion re: #175 MOTION for Protective Order Motion Hearing set for 1/27/2021 at 10:00 AM via Zoom before Judge Leigh Martin May. (bnp) |
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Filing 178
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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| Submission of #175 MOTION for Protective Order , to District Judge Leigh Martin May. (tmf) |
| Filing 177 REPLY to Response to Motion re #175 MOTION for Protective Order filed by Emory Healthcare, Inc., Jamilk-Omari Johnson. (Conger, Ava) |
| Filing 176 RESPONSE in Opposition re #175 MOTION for Protective Order filed by Alvin B. Galuten, MD. (Jones, Carlton) Modified on 11/23/2020, QC email sent to counsel re Section I.B of the Administrative Procedures (tcc). |
| Filing 175 MOTION for Protective Order with Brief In Support by Emory Healthcare, Inc., Jamilk-Omari Johnson. (Attachments: #1 Declaration of Bruce Douglas, #2 Declaration of Brian Goertemiller, #3 Declaration of Richard Duszak, #4 Declaration of Nabile Safdar, #5 Declaration of Tarek Hanna, #6 Declaration of Ryan Christie, #7 Declaration of Adam Prater, #8 Declaration of Jamlik-Omari, #9 Declaration of Reid Jensen, #10 Declaration of Peter Harri, #11 Declaration of Matt Cassidy)(Conger, Ava) |
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Filing 174
AMENDED SCHEDULING ORDER: This matter is before the Court on the parties' Joint Status Report and Motion for Amended Scheduling Order. For good cause shown, the July 30, 2018 Scheduling Order, March 18, 2019 Order extending discovery, June 24, 2018 Order extending discovery, and September 13, 2019 Amended Scheduling Order (Docs. #120 , #144 , #154 , #157 ) are hereby AMENDED as follows: Emory will file a motion for protective order relating to these issues (herein) by November 6, 2020. Relator will submit a response on or before November 20, 2020. Emory will submit a reply brief on or before December 4, 2020. See order for further specifics. Signed by Judge Leigh Martin May on 10/20/2020. (tmf)
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| Submission of 171 Order,, to District Judge Leigh Martin May. (tmf) |
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Filing 173
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 172
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 171
ORDER - The parties have notified the Court that they need additional time to conduct a mediation. The Court GRANTS the parties this additional time. The parties are ORDERED to report back regarding the status of the mediation by email to the Court no later than September 25, 2020. Entered by Judge Leigh Martin May on 08/25/20. (LMM)
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Filing 170
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 169
ORDER: This case comes before the Court sua sponte. The parties request an extension until August 24, 2020 to conduct in-person mediation. That request is GRANTED. The parties will report back regarding the status of the mediation to the Court on or before August 24, 2020. The Clerk is DIRECTED to resubmit this to the Court if no status report is filed by August 24, 2020. Signed by Judge Leigh Martin May on 7/28/2020. (tmf)
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| Submission of 166 Order,, to District Judge Leigh Martin May. (tmf) |
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Filing 168
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 167
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 166
ORDER - The parties request a 30-day extension to conduct an in-person mediation. That request is GRANTED. The parties will report back regarding the status of the mediation to the Court on or before Wednesday, July 24, 2020. The Clerk is instructed to resubmit this to the Court if no status report is filed by July 24, 2020. Entered by Judge Leigh Martin May on 06/24/20. (LMM)
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Filing 165
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 164
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 163
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 162
ORDER - The parties request a 90-day extension to conduct an in-person mediation. That request is GRANTED. The parties will report back regarding the status of the mediation to the Court on or before Wednesday, June 24, 2020. The Clerk is instructed to resubmit this to the Court if no status report is filed by June 24, 2020. Entered by Judge Leigh Martin May on 03/26/2020. (LMM)
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Filing 161
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 3/16/2020. (tmf)
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| Filing 160 Certification of Consent to Substitution of Counsel. Lara Tumeh replacing attorney Lara Tumeh. (Tumeh, Lara) |
| Filing 159 STATUS REPORT Supplemental Status Report by Alvin B. Galuten, MD. (Jones, Peter) |
| Filing 158 STATUS REPORT by Alvin B. Galuten, MD. (Jones, Carlton) |
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Filing 157
ORDER granting #156 Motion to Amend. This matter is before the Court on the parties' Joint Motion for Amended Scheduling Order. With the consent of the parties, and for good cause shown, the July 30, 2018 Scheduling Order, March 18, 2019 Order extending discovery, and June 24, 2018 Order extending discovery (Docs. #120 , #144 , #154 ) are hereby AMENDED as follows: See order for specifics. Signed by Judge Leigh Martin May on 9/13/2019. (tmf)
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| Filing 156 Joint MOTION to Amend Scheduling Order by Alvin B. Galuten, MD. (Attachments: #1 Text of Proposed Order)(Jones, Peter) |
| Filing 155 NOTICE of Change of Address for John C. Herman, counsel for Alvin B. Galuten, MD (Herman, John) |
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Filing 154
ORDER GRANTING #153 Motion for Extension of Time to Complete Discovery. Fact Discovery ends on 9/30/2019. All other terms of the 7/30/2018 Scheduling Order shall remain in effect. Signed by Judge Leigh Martin May on 6/24/2019. (adg)
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| Filing 153 Consent MOTION for Extension of Time to Complete Discovery by Alvin B. Galuten, MD. (Attachments: #1 Text of Proposed Order Proposed Order)(Jones, Carlton) |
| Filing 152 Minute Entry for proceedings held before Judge Leigh Martin May: Telephone Conference held on 6/5/2019 to discuss a discovery dispute. The Court heard from counsel. The parties shall have through and including 6/17/2019 to confer regarding a sample of the PACS data to be provided to Relator's counsel. The parties shall file a status report on 6/17/2019 informing the Court whether they were able to resolve the sample size issue or, in the alternative, what the Court needs to resolve. The parties will further confer on narrowing the issues of the Cerner Table Data. Hearing Concluded. (Court Reporter Montrell Vann)(adg) |
| Filing 151 CERTIFICATE OF SERVICE Plaintiff/Relators Objections and Responses to Grady Memorial Hospitals Second Requests for Production to Relator by Alvin B. Galuten, MD.(Jones, Carlton) Modified on 5/10/2019 to edit text(tmf). |
| Filing 150 CERTIFICATE OF SERVICE of Discovery Response by Emory Healthcare, Inc., Jamilk-Omari Johnson.(Conger, Ava) |
| Filing 149 CERTIFICATE OF SERVICE of Discovery Responses by Grady Memorial Hospital.(Tumeh, Lara) |
| Filing 148 CERTIFICATE OF SERVICE of Discovery Responses by Grady Memorial Hospital.(Tumeh, Lara) |
| Filing 147 CERTIFICATE OF SERVICE of Discovery by Grady Memorial Hospital.(Tumeh, Lara) |
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MINUTE ORDER: The meeting to discuss E-discovery issues shall take place at Kilpatrick Townsend & Stockton, LLP - ATL on Monday, April 8, 2019. Approved by Judge Leigh Martin May on 03/26/2019. (rvb)
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Filing 146
ORDER resolving protocol issues as to the informal meeting. Signed by Judge Leigh Martin May on 03/25/2019. (rvb)
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| Filing 145 NOTICE by Alvin B. Galuten, MD Notice Regarding Protocol (Jones, Peter) |
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Filing 144
ORDER GRANTING #139 Motion for Extension of Time to Complete Discovery. Fact discovery ends on 7/30/2019. Signed by Judge Leigh Martin May on 3/18/2019. (btql)
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| Filing 143 Minute Entry for proceedings held before Judge Leigh Martin May: Telephone Conference held on 3/18/2019 to discuss a discovery dispute. The Court heard from Relator and Defendants' counsel. By noon on Monday, March 25, 2019, Relator and Defendants Emory Healthcare, Inc. and Jamilk-Omari Johnson shall submit to the Court their consent protocol for their informal meeting. If an agreement on the protocol cannot be established, the parties should submit their respective objections. The informal meeting with the experts should be completed no later than April 8, 2019. After the meeting, the parties shall confer regarding the 30(b)(6) deposition notices and deadlines. (Court Reporter Montrell Vann)(btql) |
| Filing 142 CERTIFICATE OF SERVICE of Discovery by Grady Memorial Hospital.(Tumeh, Lara) |
| Filing 141 CERTIFICATE OF SERVICE Certificate Regarding Service of Discovery by Alvin B. Galuten, MD.(Jones, Carlton) |
| Filing 140 CERTIFICATE OF SERVICE Certificate Regarding Service of Discovery by Alvin B. Galuten, MD.(Jones, Carlton) |
| Filing 139 MOTION for Extension of Time to Complete Discovery by Alvin B. Galuten, MD. (Attachments: #1 Text of Proposed Order Proposed Order)(Jones, Peter) |
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ORDER - The Court has received emails from the party regarding discovery issues surrounding Defendants' production of computer data. Based on Defendants' representations, it appears that there is an agreement to produce at least some of the requested information in the near future. Accordingly, the Court ORDERS the parties to provide a status report regarding the production status on March 1, 2019. If, following those productions, any party has remaining discovery issues, counsel may email Ms. Bachelor and the Court will schedule a call at that time to resolve any then-existing dispute. Entered by Judge Leigh Martin May on 02/07/2019. (LMM)
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MINUTE ORDER LIFTING STAY due to appropriations. Approved by Judge Leigh Martin May on 1/28/2019.(rvb)
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MINUTE ORDER denying without prejudice Relator's #137 Motion to Compel for failing to comply with this Court's Standing Order Regarding Civil Litigation #9 . Approved by Judge Leigh Martin May on 01/04/2019. (rvb)
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| Filing 137 MOTION to Compel Production of Metadata Related to Radiological Reports by Alvin B. Galuten, MD. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Jones, Peter) |
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Filing 138
Administrative Order Staying Civil Proceedings in Light of Lapse of Appropriations. Signed by Chief Judge Thomas W. Thrash, Jr. on 12/26/18. (btql)
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| Filing 136 CERTIFICATE OF SERVICE Certificate Regarding Service of Discovery by Alvin B. Galuten, MD.(Jones, Carlton) |
| Filing 135 CERTIFICATE OF SERVICE Certificate Regarding Service of Discovery by Alvin B. Galuten, MD.(Jones, Carlton) |
| Filing 134 CERTIFICATE OF SERVICE Certificate Regarding Service of Discovery by Alvin B. Galuten, MD.(Jones, Carlton) |
| Filing 133 CERTIFICATE OF SERVICE of Discovery Responses by Grady Memorial Hospital.(Tumeh, Lara) |
| Filing 132 NOTICE of Appearance by Carlton R. Jones on behalf of Alvin B. Galuten, MD (Jones, Carlton) |
| Filing 131 CERTIFICATE OF SERVICE of Discovery Requests by Grady Memorial Hospital.(Tumeh, Lara) |
| Filing 130 Unopposed MOTION to Withdraw Robert James Leonard as Attorneyby Alvin B. Galuten, MD. (Leonard, Robert) |
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MINUTE ORDER granting Robert James Leonard's #130 Motion to Withdraw as Attorney. Approved by Judge Leigh Martin May on 09/26/2018. (rvb)
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| Filing 129 CERTIFICATE OF SERVICE of Discovery Requests by Emory Healthcare, Inc..(Conger, Ava) |
| Filing 128 CERTIFICATE OF SERVICE of Discovery Responses by Grady Memorial Hospital.(Tumeh, Lara) |
| Filing 127 CERTIFICATE OF SERVICE of Discovery Reponses by Emory Healthcare, Inc..(Conger, Ava) |
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Filing 126
Consent PROTECTIVE ORDER. Signed by Judge Leigh Martin May on 9/4/18. (hfm)
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| Filing 125 Joint MOTION for Protective Order by Emory Healthcare, Inc.. (Attachments: #1 Text of Proposed Order)(Conger, Ava) |
| Filing 124 CERTIFICATE OF SERVICE of Initial Disclosures by Emory Healthcare, Inc., Jamilk-Omari Johnson.(Conger, Ava) |
| Filing 123 CERTIFICATE OF SERVICE filed by Alvin B. Galuten, MD (Leonard, Robert) |
| Filing 122 CERTIFICATE OF SERVICE of Discovery by Grady Memorial Hospital.(Miller, Wade) |
| Filing 121 CERTIFICATE OF SERVICE filed by Alvin B. Galuten, MD Certificate Regarding Service of Discovery (Leonard, Robert) |
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Filing 120
SCHEDULING ORDER re #118 Joint Preliminary Report and Discovery Plan. Fact discovery shall be completed in 8 months. After the close of fact discovery. the parties shall have 3 months to conduct expert discovery. Expert disclosures and reports shall be served 2 weeks after the close of fact discovery with the party bearing the burden on an issue to submit a corresponding expert report. Rebuttal reports shall be served 30 days after opening expert reports. Signed by Judge Leigh Martin May on 7/30/18. (hfm)
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Filing 119
ORDER DENYING Defendant Grady's Motion to Reconsider or, Alternatively, to Certify Question for Interlocutory Review #106 , Defendant Grady's Motion to Stay #107 , and Emory Defendants' Motion to Certify Order for Interlocutory Appeal and for Stay of Discovery #108 . Signed by Judge Leigh Martin May on 7/25/2018. (btql)
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| Filing 118 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Alvin B. Galuten, MD. (Herman, John) |
| Filing 117 Certification of Consent to Substitution of Counsel. John C. Herman replacing attorney Edward Adam Webb. (Herman, John) |
| Submission of #108 MOTION for Appeal under 1292(b) MOTION to Stay Discovery to District Judge Leigh Martin May. (btql) |
| Filing 116 REPLY to Response to Motion re #108 MOTION for Appeal under 1292(b) MOTION to Stay Discovery filed by Emory Healthcare, Inc., Jamilk-Omari Johnson. (Conger, Ava) |
| Submission of #106 MOTION to Reconsider, or in the Alternative, Motion for Appeal under 1292(b) , #107 MOTION to Stay , to District Judge Leigh Martin May. (hfm) |
| Filing 115 REPLY BRIEF re #106 MOTION to Reconsider, or in the Alternative, Motion for Appeal under 1292(b) , #107 MOTION to Stay filed by Grady Memorial Hospital. (Miller, Wade) |
| Filing 114 RESPONSE in Opposition re #106 MOTION to Reconsider, or in the Alternative, Motion for Appeal under 1292(b) , #108 MOTION for Appeal under 1292(b) MOTION to Stay Discovery, #107 MOTION to Stay filed by Alvin B. Galuten, MD. (Roberts, John) |
| Filing 113 ANSWER to #89 Amended Complaint by Emory Healthcare, Inc., Jamilk-Omari Johnson.(Conger, Ava) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 112 ANSWER to #89 Amended Complaint by Grady Memorial Hospital. Discovery ends on 11/15/2018.(Miller, Wade) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
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Filing 111
ORDER GRANTING #109 , #110 Motions for Extension of Time through and including 6/22/201 to file respond to Defendants' pending Motions #106 , #107 , #108 . Signed by Judge Leigh Martin May on 6/14/2018. (btql)
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| Filing 110 MOTION for Extension of Time File Response to #106 , #107 Motions by Alvin B. Galuten, MD. (Roberts, John) Modified on 6/14/2018 to link to motions (btql). |
| Filing 109 MOTION for Extension of Time Respond to #108 MOTION for Appeal under 1292(b) , MOTION to Stay Discovery by Alvin B. Galuten, MD. (Roberts, John) Modified on 6/14/2018 to link to motion (btql). |
| Filing 108 MOTION for Appeal under 1292(b) , MOTION to Stay Discovery with Brief In Support by Emory Healthcare, Inc., Jamilk-Omari Johnson. (Attachments: #1 Brief)(Conger, Ava) |
| Filing 107 MOTION to Stay by Grady Memorial Hospital. (Miller, Wade) |
| Filing 106 MOTION to Reconsider, or in the Alternative, Motion for Appeal under 1292(b) with Brief In Support by Grady Memorial Hospital. (Attachments: #1 Brief)(Miller, Wade) . Added MOTION for Reconsideration on 6/4/2018 (btql). |
| Filing 105 Certification of Consent to Substitution of Counsel. Lara Tumeh replacing attorney Leanne Michelle Marek. (Tumeh, Lara) |
| Filing 104 NOTICE of Appearance by Lara Tumeh on behalf of Grady Memorial Hospital (Tumeh, Lara) |
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Filing 103
ORDER GRANTING #102 Motion for Extension of Time to Answer re #89 Second Amended Complaint. Emory Healthcare, Inc. and Jamilk-Omari Johnson's Answers due 6/18/2018. Signed by Judge Leigh Martin May on 5/25/2018. (btql)
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| Filing 102 Joint MOTION for Extension of Time to File Answer re #89 Amended Complaint, by Emory Healthcare, Inc., Jamilk-Omari Johnson. (Attachments: #1 Text of Proposed Order)(Conger, Ava) |
| Filing 101 NOTICE of Appearance by Thomas MacIver Clyde on behalf of Emory Healthcare, Inc., Jamilk-Omari Johnson (Clyde, Thomas) |
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Filing 100
ORDER GRANTING IN PART AND DENYING IN PART Defendants' #92 , #93 Motions to Dismiss. Specifically, the Motions are DENIED as to Relator's substantive FCA and GMFCA claims to the extent they rely on alleged schemes of fraudulent interpretations, unnecessary testing, failure to generate required reports, and unbundling. The Motions are GRANTED as to Relator's substantive FCA and GMFCA claims to the extent they rely on an alleged "upcoding" scheme and as to Relator's conspiracy claims under the FCA and GMFCA. Signed by Judge Leigh Martin May on 5/15/2018. (btql)
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| Filing 99 Certification of Consent to Substitution of Counsel. Neeli Ben-David replacing attorney Emily Shingler. (Ben-David, Neeli) |
| Submission of #92 MOTION to Dismiss Second Amended Complaint, #93 MOTION to Dismiss Relator's Second Amended Complaint to District Judge Leigh Martin May. (btql) |
| Filing 98 REPLY BRIEF re #93 MOTION to Dismiss Relator's Second Amended Complaint filed by Grady Memorial Hospital. (Miller, Wade) |
| Filing 97 REPLY BRIEF re #92 MOTION to Dismiss Second Amended Complaint filed by Emory Healthcare, Inc., Jamilk-Omari Johnson. (Rightler, Hillary) |
| NOTICE of Undeliverable Electronic Mail re: #96 Response to Motion. Mail returned for Nancy Bailey Allstrom due to no longer employed with the agency. Electronic notification has been turned off. (aar) |
| Filing 96 RESPONSE re #93 MOTION to Dismiss Relator's Second Amended Complaint, #92 MOTION to Dismiss Second Amended Complaint filed by Alvin B. Galuten, MD. (Roberts, John) |
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Filing 95
ORDER GRANTING #94 Motion for Extension of Time through and including 2/27/2018 for Relator to respond to the #92 #93 MOTIONS to Dismiss. Signed by Judge Leigh Martin May on 2/5/2018. (btql)
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| Filing 94 Consent MOTION for Extension of Time to File Response re: #93 MOTION to Dismiss Relator's Second Amended Complaint, #92 MOTION to Dismiss Second Amended Complaint by Alvin B. Galuten, MD. (Attachments: #1 Text of Proposed Order)(Lemond, G.) |
| Filing 93 MOTION to Dismiss Relator's Second Amended Complaint with Brief In Support by Grady Memorial Hospital. (Attachments: #1 Brief, #2 Exhibit A)(Marek, Leanne) |
| Filing 92 MOTION to Dismiss Second Amended Complaint by Emory Healthcare, Inc., Jamilk-Omari Johnson. (Attachments: #1 Brief)(Conger, Ava) |
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Filing 91
ORDER GRANTING #90 Motion for Extension of Time to Answer. Defendants' Answer due 1/30/2018. Signed by Judge Leigh Martin May on 1/9/18. (bnw)
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| Filing 90 Consent MOTION for Extension of Time to File Answer re #89 Amended Complaint, by Emory Healthcare, Inc., Grady Memorial Hospital, Jamilk-Omari Johnson. (Attachments: #1 Text of Proposed Order)(Conger, Ava) |
| Filing 89 SECOND AMENDED COMPLAINT against All Defendants, filed by Alvin B. Galuten, MD.(hfm) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. |
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Filing 88
ORDER granting #84 Motion for Leave to File Second Amended Complaint and denying as moot #65 and #67 Motions. Signed by Judge Leigh Martin May on 1/2/18. (hfm)
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| Submission of #84 MOTION for Leave to File Second Amended Complaint, submitted to District Judge Leigh Martin May. (hfm) |
| Filing 87 REPLY to Response to Motion re #84 MOTION for Leave to File Second Amended Complaint (Joint Reply) filed by Alvin B. Galuten, MD. (Lemond, G.) |
| Filing 86 RESPONSE in Opposition re #84 MOTION for Leave to File Second Amended Complaint filed by Emory Healthcare, Inc., Jamilk-Omari Johnson. (Conger, Ava) |
| Filing 85 RESPONSE in Opposition re #84 MOTION for Leave to File Second Amended Complaint filed by Grady Memorial Hospital. (Miller, Wade) |
| Filing 84 MOTION for Leave to File Second Amended Complaint by Alvin B. Galuten, MD. (Attachments: #1 Exhibit Proposed Second Amended Complaint)(Lemond, G.) |
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Filing 83
ORDER granting #81 Motion for Leave to File Matters Under Seal; granting #82 Motion for Leave to File Matters Under Seal. It is hereby ORDERED that Docket Entry No. 79-1 be filed under seal. Signed by Judge Leigh Martin May on 11/28/17. (hfm)
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| Filing 82 MOTION for Leave to File Matters Under Seal re: #79 Reply to Response to Motion,, by Alvin B. Galuten, MD. (Attachments: #1 Text of Proposed Order)(Lemond, G.) |
| Filing 81 Joint MOTION for Leave to File Matters Under Seal re: #79 Reply to Response to Motion,, with Brief In Support by Grady Memorial Hospital. (Attachments: #1 Text of Proposed Order)(Marek, Leanne) |
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Filing 80
ORDER denying, without prejudice to the right to refile, Relator Alvin B. Galuten's Motion for Leave to File Second Amended Complaint #73 . Relator is directed to refile by November 28, 2017 with the scrivener's error corrected throughout the proposed complaint. Signed by Judge Leigh Martin May on 11/20/17. (ddm)
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| Filing 79 REPLY to Response to Motion re #73 MOTION for Leave to File Second Amended Complaint filed by Alvin B. Galuten, MD. (Attachments: *SEALED* #1 Supplement Proposed Second Amended Complaint, #2 Exhibit Exhibit A to Proposed Second Amended Complaint, #3 Exhibit Exhibit B to Proposed Second Amended Complaint, #4 Exhibit Exhibit C to the Proposed Second Amended Complaint, #5 Exhibit Exhibit D to the Proposed Second Amended Complaint, #6 Exhibit Exhibit E to the Proposed Second Amended Complaint)(Roberts, John) Modified on 11/28/2017 (hfm). |
| Submission of #73 MOTION for Leave to File Second Amended Complaint, submitted to District Judge Leigh Martin May. (hfm) |
| Filing 78 REPLY to Response to Motion re #73 MOTION for Leave to File Second Amended Complaint Reply to Grady Memorial Hospital's Opposition to Motion for Leave filed by Alvin B. Galuten, MD. (Lemond, G.) |
| Submission of #67 MOTION to Dismiss the Amended Complaint, submitted to District Judge Leigh Martin May. (hfm) |
| Submission of #65 MOTION to Dismiss the Amended Complaint to District Judge Leigh Martin May. (sap) |
| Filing 77 RESPONSE in Opposition re #73 MOTION for Leave to File Second Amended Complaint filed by Emory Healthcare, Inc. and Jamilk-Omari Johnson (Rightler, Hillary) Text Modified on 11/6/2017 to Correct Filers (sap). |
| Filing 76 REPLY to Response to Motion re #65 MOTION to Dismiss the Amended Complaint filed by Emory Healthcare, Inc., Jamilk-Omari Johnson. (Rightler, Hillary) |
| Filing 75 RESPONSE in Opposition re #73 MOTION for Leave to File Second Amended Complaint filed by Grady Memorial Hospital. (Miller, Wade) |
| Filing 74 REPLY BRIEF re #67 MOTION to Dismiss the Amended Complaint filed by Grady Memorial Hospital. (Miller, Wade) |
| Filing 73 MOTION for Leave to File Second Amended Complaint by Alvin B. Galuten, MD. (Lemond, G.) |
| Filing 72 RESPONSE in Opposition re #65 MOTION to Dismiss the Amended Complaint filed by Alvin B. Galuten, MD. (Lemond, G.) |
| Filing 71 RESPONSE in Opposition re #67 MOTION to Dismiss the Amended Complaint filed by Alvin B. Galuten, MD. (Lemond, G.) |
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Filing 70
ORDER granting #69 Motion for Extension of Time, through and including October 20, 2017, to respond re #67 MOTION to Dismiss the Amended Complaint, #65 MOTION to Dismiss the Amended Complaint. Signed by Judge Leigh Martin May on 9/22/17. (hfm)
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| Filing 69 Consent MOTION for Extension of Time to File Response re: #67 MOTION to Dismiss the Amended Complaint, #65 MOTION to Dismiss the Amended Complaint by Alvin B. Galuten, MD. (Attachments: #1 Text of Proposed Order)(Lemond, G.) |
| Clerks Notation re #66 Certificate of Interested Persons, #68 Certificate of Interested Persons, reviewed and approved by LMM. (rvb) |
| Filing 68 Certificate of Interested Persons by Grady Memorial Hospital. (Miller, Wade) |
| Filing 67 MOTION to Dismiss the Amended Complaint with Brief In Support by Grady Memorial Hospital. (Attachments: #1 Brief, #2 Exhibit A)(Miller, Wade) |
| Filing 66 Certificate of Interested Persons by Emory Healthcare, Inc., Jamilk-Omari Johnson. (Rightler, Hillary) |
| Filing 65 MOTION to Dismiss the Amended Complaint with Brief In Support by Emory Healthcare, Inc., Jamilk-Omari Johnson. (Attachments: #1 Brief)(Rightler, Hillary) |
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Filing 64
ORDER granting #63 Motion for Extension of Time to Answer, through and including September 8, 2017, re #60 Amended Complaint. Emory Healthcare, Inc., Grady Memorial Hospital, and Jamilk-Omari Johnson Answers due 9/8/2017. Signed by Judge Leigh Martin May on 8/16/17. (hfm)
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| Filing 63 Unopposed MOTION for Extension of Time to File Answer re #60 Amended Complaint, #1 Complaint, by Emory Healthcare, Inc., Grady Memorial Hospital, Jamilk-Omari Johnson. (Attachments: #1 Text of Proposed Order)(Rightler, Hillary) |
| Filing 62 NOTICE of Appearance by Leanne Michelle Marek on behalf of Grady Memorial Hospital (Marek, Leanne) |
| Filing 61 NOTICE of Appearance by Scott Lincoln Marrah on behalf of Emory Healthcare, Inc., Jamilk-Omari Johnson (Marrah, Scott) |
| Filing 60 AMENDED COMPLAINT against All Defendants with Jury Demand, filed by Alvin B. Galuten, MD.(Webb, Edward) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. |
| Filing 59 NOTICE of Appearance by Ava Conger on behalf of Emory Healthcare, Inc., Jamilk-Omari Johnson (Conger, Ava) |
| Filing 58 NOTICE of Appearance by Hillary D. Rightler on behalf of Emory Healthcare, Inc., Jamilk-Omari Johnson (Rightler, Hillary) |
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Filing 57
ORDER granting #56 Motion for Extension of Time to Answer. Emory Healthcare, Inc., Grady Memorial Hospital and Jamilk-Omari Johnson's Answer due 8/18/2017. Signed by Judge Leigh Martin May on 7/24/17. (jkl)
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| Filing 56 Consent MOTION for Extension of Time to Respond to Complaint by Grady Memorial Hospital, Emory Healthcare, Inc., and Jamilk-Omari Johnson. (Attachments: #1 Proposed Order)(Miller, Wade) Motion type and filers modified on 7/24/2017 (jkl). |
| Filing 55 NOTICE of Appearance by Wade Pearson Miller on behalf of Grady Memorial Hospital (Miller, Wade) |
| APPROVAL by Clerks Office re: #49 APPLICATION for Admission of John W. Roberts Pro Hac Vice (Application fee $ 150, receipt number 113E-7247338). Attorney John Roberts added appearing on behalf of Alvin B. Galuten, MD (pmb) |
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ORAL ORDER granting #49 Application for Admission Pro Hac Vice as to John W. Roberts. Approved by Judge Leigh Martin May on 07/21/2017. (rvb)
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| Filing 54 Return of Service Executed by Alvin B. Galuten, MD. Jamilk-Omari Johnson served on 7/6/2017, answer due 7/27/2017. (Lemond, G.) |
| Filing 53 Return of Service Executed by Alvin B. Galuten, MD. Emory Healthcare, Inc. served on 7/6/2017, answer due 7/27/2017. (Lemond, G.) |
| Filing 52 Return of Service Executed by Alvin B. Galuten, MD. Grady Memorial Hospital served on 7/6/2017, answer due 7/27/2017. (Lemond, G.) |
| Filing 51 Electronic Summons Issued as to Emory Healthcare, Inc., Grady Memorial Hospital, Jamilk-Omari Johnson. (hfm) |
| Filing 50 NOTICE of Appearance by Matthew C. Klase on behalf of Alvin B. Galuten, MD (Klase, Matthew) |
| Filing 49 APPLICATION for Admission of John W. Roberts Pro Hac Vice (Application fee $ 150, receipt number 113E-7247338)by Alvin B. Galuten, MD. (Webb, Edward) |
| Filing 48 PROPOSED SUMMONS filed by Alvin B. Galuten, MD for Defendant Jamilk-Omari Johnson (Lemond, G.) |
| Filing 47 PROPOSED SUMMONS filed by Alvin B. Galuten, MD for Defendant Emory Healthcare, Inc. (Lemond, G.) |
| Filing 46 PROPOSED SUMMONS filed by Alvin B. Galuten, MD for Defendant Grady Memorial Hospital (Lemond, G.) |
| Filing 45 NOTICE of Appearance by G. Franklin Lemond, Jr on behalf of Alvin B. Galuten, MD (Lemond, G.) |
| Filing 44 NOTICE of Appearance by Edward Adam Webb on behalf of Alvin B. Galuten, MD (Webb, Edward) |
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Filing 43
ORDER granting #42 Motion to Withdraw as Attorney. Attorney Jonathan E. Hawkins and Zahra S. Karinshak terminated. Counsel is DIRECTED to provide a copy of this Order to Relator. Relator is ORDERED to advise the Court in writing, within 30 days of the date of this Order, whether he plans to proceed prose or obtain other legal counsel. On May 10, 2017, Relator-while still represented by counsel-filed a pro se motion to extend his time to serve Defendants. #40 As Relator is now pro se, the Court will sua sponte allow Relator through July 10, 2017 to serve Defendants. Signed by Judge Leigh Martin May on 6/6/17. (hfm)
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| Submission of #42 MOTION to Withdraw as Attorney, submitted to District Judge Leigh Martin May. (hfm) |
| Filing 42 MOTION to Withdrawal as Attorney by Alvin B. Galuten, MD re #41 Order on Motion for Extension of Time, (Attachments: #1 Text of Proposed Order)(Karinshak, Zahra) Modified on 5/17/2017 to correct docket text to accurately reflect e-filed pleading. This document is not a consent since counsel failed to obtain Relator's signature for the consent (rvb). |
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Filing 41
ORDER denying without prejudice #40 Motion for Extension of Time to Serve. If Relators counsel is entitled to withdraw by virtue of the representation agreement, then Relator and Relators counsel should file a Certificate of Consent to withdraw and the Court can entertain Relators Motion at that time. In the interim, the Court notes it will not dismiss Relators Complaint in the next 30 days. Signed by Judge Leigh Martin May on 5/10/17. (hfm)
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| Filing 40 MOTION for Extension of Time to Serve Complaint re: #1 Complaint, by Alvin B. Galuten, MD. (Karinshak, Zahra) |
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Filing 39
ORDER re #38 Notice of Election to Decline Intervention filed by The State of Georgia, ex rel. See Order for more details. Signed by Judge Leigh Martin May on 2/21/17. (bnw) Modified on 2/21/2017 to edit text (bnw).
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| Filing 38 NOTICE of Election to Decline Intervention by The State of Georgia, ex rel. (Attachments: #1 Text of Proposed Order)(Vann, Sara) |
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Filing 37
ORDER: The Complaint filed by Relator Alvin Galuten ("Relator") be unsealed in order that the Complaint may be served by Relator upon Defendants; All other contents of the Court's file (and associated docket entries) in this action shall remain under seal and not be made public or served upon Defendants, except for this Order, the Notice of the United States of Election to Decline to Intervene, and the State of Georgia's Notice of Election to Decline Intervention, which Relator will serve upon Defendants only after service of Relator's Complaint upon Defendants; The seal shall be lifted as to all other matters occurring in this action after the date of this Order. Signed by Judge Leigh Martin May on 2/14/17. (hfm)
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| Filing 36 NOTICE of Election to Decline to Intervene by United States of America (Attachments: #1 Text of Proposed Order)(hfm) |
| Clerks Certificate of Mailing to attorneys of record re #37 Order. (hfm) |
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Filing 9
STANDING ORDER Regarding Civil Litigation in cases proceeding before Judge May. Signed by Judge Leigh Martin May on 12/09/2014. (rvb)
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| Filing 1 COMPLAINT with Jury Demand filed by Alvin B. Galuten, MD; and Summon(s) issued. ( Filing fee $ 400.00 receipt number 66672.) (Attachments: #1 Summons, #2 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. |
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