United States of America, ex rel. v. Serenity Hospice Care, LLC
Plaintiff: United States of America, ex rel.
Defendant: Serenity Hospice Care, LLC
Case Number: 3:2013cv00001
Filed: January 8, 2013
Court: US District Court for the Southern District of Georgia
Office: Dublin Office
County: Laurens
Presiding Judge: Dudley H Bowen
Referring Judge: Brian K Epps
Nature of Suit: Other Statutory Actions
Cause of Action: 31 U.S.C. § 3729 False Claims Act
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 12, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 12, 2014 Opinion or Order Filing 65 ORDER that this case is hereby dismissed with prejudice, subsequent to the parties' filing a Joint Stipulation of Prejudice under Federal Rule of Civil Procedure 41(a)(1)(A) on November 7, 2014, and pursuant to the terms of a settlement agreement. The Clerk is directed to close this case, with each of the parties to bear their own costs. Signed by Judge Dudley H. Bowen on 11/12/2014. (jah)
November 7, 2014 Filing 64 NOTICE of Voluntary Dismissal by United States of America, ex rel. (Attachments: #1 Exhibit A (Settlement Agreement), #2 Exhibit B (Proposed Order))(Mulaney, Charles)
October 16, 2014 Opinion or Order Filing 63 ORDER granting #62 Motion for Extension of Time to File Response to #31 MOTION for Summary Judgment and Incorporated Memorandum of Law. Responses due by 11/7/2014. Signed by Judge Dudley H. Bowen on 10/16/14. (cmr)
October 14, 2014 Filing 62 MOTION for Extension of Time to File Response/Reply as to #31 MOTION for Summary Judgment and Incorporated Memorandum of Law (Unopposed Motion for a Three-Week Extension of the October 17, 2014 Summary Judgment Briefing Deadline in Order to Finalize Settlement) by United States of America, ex rel.. Responses due by 10/31/2014. (Attachments: #1 Exhibit Proposed Order)(Mulaney, Charles)
October 6, 2014 Filing 61 NOTICE by United States of America, ex rel. Notice of Correction and Clarification (Mulaney, Charles)
September 10, 2014 Filing 60 NOTICE by United States of America, ex rel. Certificate Regarding Scheduling of Physician Depositions (Mulaney, Charles)
August 28, 2014 Filing 59 Minute Entry for proceedings held before Judge Dudley H. Bowen: Motion Hearing held on 8/22/2014 re #43 MOTION to Stay Discovery filed by Serenity Hospice Care, LLC, #46 MOTION to Quash Subpoenas MOTION for Protective Order and Objections to Subpoenas filed by Serenity Hospice Care, LLC, #44 MOTION for Hearing re #43 MOTION to Stay Discovery, #31 MOTION for Summary Judgment and Incorporated Memorandum of Law, #33 MOTION to Continue or Deny Defendant Serenity's Motion for Summary Judgment, #29 M filed by Serenity Hospice Care, LLC, #49 MOTION for Extension of Time to Seek Leave to Amend the Complaint or Add Additional Parties (Extension of Local Rule 16.3 Deadline) . filed by United States of America, ex rel., #31 MOTION for Summary Judgment and Incorporated Memorandum of Law filed by Serenity Hospice Care, LLC, #33 MOTION to Continue or Deny Defendant Serenity's Motion for Summary Judgment filed by United States of America, ex rel., #29 MOTION to Dismiss filed by Serenity Hospice Care, LLC. (Court Reporter Lisa Davenport.) (JMH) Modified on 8/29/2014 (JMH).
August 28, 2014 Opinion or Order Filing 58 ORDER denying #43 Motion to Stay; terminating #44 Motion for Hearing; denying #46 Motion to Quash; denying #49 Motion for Extension of Time; deferring ruling on #29 Motion to Dismiss; granting #33 Motion to Continue. Signed by Judge Dudley H. Bowen on 8/27/14. (cmr)
August 26, 2014 Filing 57 NOTICE of Appearance by Thomas Alexander Peterson, IV on behalf of Serenity Hospice Care, LLC (Peterson, Thomas)
August 25, 2014 Opinion or Order Filing 56 PROTECTIVE ORDER governing the disclosure of confidential health and law enforcement information. Signed by Judge Dudley H. Bowen on 8/25/14. (cmr)
August 25, 2014 Filing 55 NOTICE of Intent to File Reply Brief by United States of America, ex rel. re #49 MOTION for Extension of Time to Seek Leave to Amend the Complaint or Add Additional Parties (Extension of Local Rule 16.3 Deadline) .. (Mulaney, Charles)
August 21, 2014 Filing 54 RESPONSE in Opposition re #49 MOTION for Extension of Time to Seek Leave to Amend the Complaint or Add Additional Parties (Extension of Local Rule 16.3 Deadline) . filed by Serenity Hospice Care, LLC. (Attachments: #1 Exhibit A: Subpoena (April 22, 2013), #2 Exhibit B: Serenity Corporate Registration, #3 Exhibit C: Special Hospice Corporate Registration, #4 Exhibit D: Hazel Seay Depo Excerpts)(Bring, Jason)
August 21, 2014 Filing 53 Joint MOTION for Protective Order (Unopposed) by United States of America, ex rel.. Responses due by 9/8/2014. (Attachments: #1 Exhibit Protective Order)(Mulaney, Charles)
August 15, 2014 Filing 52 NOTICE by United States of America, ex rel. (US Notice of Work Progress of Litigation Consultant) (Bueno, Edgar)
August 15, 2014 Filing 51 NOTICE by United States of America, ex rel. (US Report on Witness Interviews and CID Testimony) (Bueno, Edgar)
August 4, 2014 Filing 50 RESPONSE in Opposition re #46 MOTION to Quash Subpoenas MOTION for Protective Order and Objections to Subpoenas filed by United States of America, ex rel.. (Mulaney, Charles)
August 4, 2014 Filing 49 MOTION for Extension of Time to Seek Leave to Amend the Complaint or Add Additional Parties (Extension of Local Rule 16.3 Deadline) . by United States of America, ex rel.. Responses due by 8/21/2014. (Mulaney, Charles)
August 4, 2014 Filing 48 RESPONSE to Motion re #33 MOTION to Continue or Deny Defendant Serenity's Motion for Summary Judgment filed by United States of America, ex rel.. (Dalbey, John)
July 31, 2014 Filing 47 NOTICE of Hearing on Motions. Motion Hearing set for 8/7/2014 at 2:00 PM in Augusta - 2nd Floor before Judge Dudley H. Bowen. (JMH) (Additional attachment(s) added on 8/1/2014: #1 Correct Notice) (aeh).
July 31, 2014 Filing 46 ******* MOTION to Quash Subpoenas, MOTION for Protective Order and Objections to Subpoenas by Serenity Hospice Care, LLC. Responses due by 8/18/2014. (Attachments: #1 Exhibit A)(Bring, Jason)
July 31, 2014 MOTIONS REFERRED: #46 MOTION to Quash Subpoenas MOTION for Protective Order and Objections to Subpoenas (jah)
July 31, 2014 Motions No Longer Referred: #46 MOTION to Quash Subpoenas, MOTION for Protective Order and Objections to Subpoenas. (thb)
July 25, 2014 Filing 45 SUR REPLY re #33 MOTION to Continue or Deny Defendant Serenity's Motion for Summary Judgment filed by Serenity Hospice Care, LLC. (Bring, Jason)
July 23, 2014 Filing 44 MOTION for Hearing re #43 MOTION to Stay Discovery, #31 MOTION for Summary Judgment and Incorporated Memorandum of Law, #33 MOTION to Continue or Deny Defendant Serenity's Motion for Summary Judgment, #29 MOTION to Dismiss by Serenity Hospice Care, LLC. Responses due by 8/11/2014. (Bring, Jason)
July 23, 2014 Filing 43 MOTION to Stay Discovery by Serenity Hospice Care, LLC. Responses due by 8/11/2014. (Bring, Jason)
July 23, 2014 MOTIONS REFERRED: #43 MOTION to Stay Discovery. (cmr)
July 23, 2014 Motions No Longer Referred: #43 MOTION to Stay Discovery. (cmr)
July 21, 2014 Filing 42 REPORT of Rule 26(f) Planning Meeting. (Mulaney, Charles)
July 21, 2014 Filing 41 NOTICE of Intent to Submit Reply Brief by Serenity Hospice Care, LLC re #33 MOTION to Continue or Deny Defendant Serenity's Motion for Summary Judgment. (Bring, Jason)
July 18, 2014 Filing 40 REPLY to Response to Motion re #33 MOTION to Continue or Deny Defendant Serenity's Motion for Summary Judgment filed by United States of America, ex rel.. (Mulaney, Charles)
July 17, 2014 Filing 39 REPLY to Response to Motion re #29 MOTION to Dismiss filed by Serenity Hospice Care, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bring, Jason)
July 8, 2014 Filing 38 NOTICE of Intent to File a Reply by United States of America, ex rel. re #37 Response in Opposition to Motion. (Bueno, Edgar)
July 7, 2014 Filing 37 RESPONSE in Opposition re #33 MOTION to Continue or Deny Defendant Serenity's Motion for Summary Judgment filed by Serenity Hospice Care, LLC. (Bring, Jason)
July 3, 2014 Filing 36 RESPONSE in Opposition re #29 MOTION to Dismiss filed by United States of America, ex rel.. (Attachments: #1 Exhibit)(Mulaney, Charles)
July 3, 2014 Filing 35 RESPONSE in Opposition re #29 MOTION to Dismiss Joinder in U.S. Response to Motion to Dismiss filed by United States of America, ex rel.. (Dalbey, John)
June 23, 2014 Filing 34 Disclosure Statement pursuant to Local Rule 7.1.1 by Serenity Hospice Care, LLC. (Bring, Jason)
June 20, 2014 Filing 33 MOTION to Continue or Deny Defendant Serenity's Motion for Summary Judgment by United States of America, ex rel.. Responses due by 7/7/2014. (Attachments: #1 Affidavit Declaration of Charles W. Mulaney)(Mulaney, Charles)
June 18, 2014 Filing 32 NOTICE issued re: #31 MOTION for Summary Judgment and Incorporated Memorandum of Law by Serenity Hospice Care, LLC. Responses due by 7/11/2014. (Attachments: # 1 Exhibit 1.1, # 2 Exhibit 1.2, # 3 Exhibit 1.3, # 4 Exhibit 1.4, # 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 Stmt of Material Fact)(Bring, Jason) (cmr)
June 17, 2014 Filing 31 MOTION for Summary Judgment and Incorporated Memorandum of Law by Serenity Hospice Care, LLC. Responses due by 7/11/2014. (Attachments: #1 Exhibit 1.1, #2 Exhibit 1.2, #3 Exhibit 1.3, #4 Exhibit 1.4, #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 Stmt of Material Fact)(Bring, Jason)
June 17, 2014 Filing 30 ANSWER to Amended Complaint by Serenity Hospice Care, LLC.(Bring, Jason)
June 16, 2014 Filing 29 MOTION to Dismiss by Serenity Hospice Care, LLC. Responses due by 7/3/2014. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Bring, Jason)
April 24, 2014 Opinion or Order Filing 28 RULE 26 INSTRUCTION ORDER. Signed by Magistrate Judge Brian K. Epps on 4/24/14. (cmr)
April 23, 2014 Filing 27 Litigants' Bill of Rights by United States of America, ex rel.. (Bueno, Edgar)
April 23, 2014 Filing 26 WAIVER OF SERVICE Returned Executed by United States of America, ex rel.. Serenity Hospice Care, LLC waiver sent on 4/18/2014, answer due 6/17/2014. (Bueno, Edgar)
April 23, 2014 Filing 25 CERTIFICATE OF SERVICE by United States of America, ex rel. (Service of Complaint) (Bueno, Edgar)
April 17, 2014 Filing 24 AMENDED COMPLAINT (United States' Complaint in Intervention) against Serenity Hospice Care, LLC, filed by United States of America, ex rel.. (Attachments: #1 Civil Cover Sheet)(Mulaney, Charles)
March 18, 2014 Opinion or Order Filing 23 Order to Unseal case. The complaint, doc #21 and this order are unsealed, all remaining items on file shall remain under seal for a period of 60 days. Signed by Judge Dudley H. Bowen on 3/18/14. (cmr)
March 10, 2014 Filing 22 NOTICE of refiling of proposed order regarding election to intervene, by United States of America, ex rel. (Attachments: #1 proposed order)(cmr)
February 10, 2014 Filing 21 NOTICE of election in intervene in part and to decline to intervene in part, by United States of America. (cmr)
January 2, 2014 Opinion or Order Filing 20 ORDER granting Scott Robert Grubman's #19 Motion to Withdraw as Attorney; and, directing the Clerk to amend the docket to reflect that Edgar D. Bueno is the attorney of record for the United States of America in this case. Added attorney Edgar Bueno for United States of America, ex rel. Attorney Scott Robert Grubman terminated. Signed by Judge Dudley H. Bowen on 1/2/2014. (jah)
December 19, 2013 Filing 19 MOTION to Withdraw as Attorney by United States of America, ex rel. (cmr)
November 12, 2013 Opinion or Order Filing 18 ORDER granting #17 Motion for Extension of Time. Responses due by 2/10/2014. No further extensions in this case. Signed by Judge Dudley H. Bowen on 11/12/13. (cmr)
November 8, 2013 Filing 17 MOTION for Extension of Time to intervene by United States of America, ex rel. (cmr)
October 9, 2013 Opinion or Order Filing 16 ORDER denying #14 Motion to Stay. Signed by Judge Dudley H. Bowen on 10/09/13. (cmr)
October 8, 2013 Opinion or Order Filing 15 ORDER granting #13 Motion for partial Unsealing of the case. The United States may disclose the entirety of this action to the defendant and its counsel. The relator's complaint and all other filings in this case shall remain under seal unless otherwise ordered by the Court. Signed by Judge Dudley H. Bowen on 10/08/13. (cmr)
October 1, 2013 Filing 14 Omnibus MOTION for temporary stay of proceedings in light of United States Government lapse in appropriations, by United States of America, ex rel. (cmr)
September 26, 2013 Filing 13 MOTION for partial lifting of the seal by United States of America, ex rel. REFERRED to Judge Dudley H. Bowen.(cmr)
July 10, 2013 Filing 12 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6/17/2013, before Judge Dudley H. Bowen, Jr. Court Reporter/Transcriber Lisa Davenport, Telephone number 706-823-6468. Tape Number: FTR. (Transcript Redaction Policy Issued or Click here to view # Transcript Redaction Policy), (Document Sealed). (dhh)
June 18, 2013 Opinion or Order Filing 11 ORDER granting #7 Motion for Extension of Time; terminating #8 Motion for Hearing. Deadline to make an election to intervene 12/14/2013. Signed by Judge Dudley H. Bowen on 6/18/13. (cmr)
June 18, 2013 Set/Reset Deadlines: send out a 26(f) report order once the government intervenes. Compliance due by 12/14/2013. (cmr)
June 17, 2013 Filing 10 Minute Entry for proceedings held before Judge Dudley H. Bowen: Hearing on USA's Motion for Extension of Time held on 6/17/2013. (Court Reporter Lisa Davenport.) (JMH)
June 17, 2013 Set/Reset Hearings: Hearing set for 6/17/2013 10:00 AM in Augusta - 2nd Floor before Judge Dudley H. Bowen. (JMH)
May 31, 2013 Filing 9 NOTICE of Hearing on Motion: #8 MOTION for Hearing, #7 MOTION for Extension of Time to make an election to intervene. Motion Hearing set for 6/17/2013 11:00 AM in Augusta - 2nd Floor before Judge Dudley H. Bowen. (JMH)
May 14, 2013 Filing 8 MOTION/Request for oral argument by United States of America, ex rel. (cmr)
May 14, 2013 Filing 7 MOTION for Extension of Time to make an election to intervene by United States of America, ex rel. (Attachments: #1 prop. order)(cmr)
March 15, 2013 Opinion or Order Filing 6 ORDER granting #4 Motion for Extension of Time of 60 days, up to and including 5/15/2013, to make an election to intervene. Signed by Judge Dudley H. Bowen on 3/15/2013. (dhh)
March 13, 2013 Filing 5 MEMORANDUM in Support re #4 Motion for Extension of Time, Sealed Document filed by United States of America, ex rel. (dhh)
March 13, 2013 Filing 4 MOTION for Extension of Time to 9/16/2013 (Document Sealed) by United States of America, ex rel. (dhh)
January 9, 2013 Opinion or Order Filing 3 ORDER granting #2 Motion to Seal Case. Signed by Judge Dudley H. Bowen on 1/9/13. (cmr)
January 8, 2013 Filing 2 Ex Parte MOTION to file the complaint in camera and under seal by United States of America, ex rel.. (cmr)
January 8, 2013 Filing 1 QUI TAM COMPLAINT against Serenity Hospice Care, LLC, filed by United States of America, ex rel. (Attachments: #1 Civil Cover Sheet).(cmr)
January 8, 2013 Receipt of Monies: $ 350.00, Receipt number AUG013124. (cmr)

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Plaintiff: United States of America, ex rel.
Represented By: Brian Fenton McEvoy
Represented By: Edgar Dennis Bueno
Represented By: Scott Robert Grubman
Represented By: John D. Dalbey
Represented By: Charles W. Mulaney
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Defendant: Serenity Hospice Care, LLC
Represented By: Jason E. Bring
Represented By: Thomas Alexander Peterson, IV
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