Pacific Radiation Oncology, LLC et al v. The Queen's Medical Center et al
| Pacific Radiation Oncology, LLC, PRO Associates, LLC, John Lederer, M.D., Laeton Pang, M.D., Eva Bieniek, M.D., Vincent Brown, M.D., Paul Demare, M.D. and Thanh Huynh, M.D. |
| The Queen's Medical Center, Queen's Development Corp, Noreen D.S.W. Mokuau, William G. Obana, M.D., Arthur A. Ushijima, Mark H. Yamakawa, Paula Yoshioka, Sharlene K. Tsuda, Richard C. Keene, Clinton Yee, Naleen N. Andrade, M.D., Ernest H. Fukeda, Jr., Robb Ohtani, M.D., Neil J. Hannahs, Christine M. Gayagas, Peter K. Hanashiro, Robert K. Nobriga, Eric K. Yeaman, Julia C. Wo, Caroline Ward Oda, Peter Halford, M.D., Barry Weinman, John or Jane Does 1-25 and Doe Entities 1-10 |
| 1:2012cv00064 |
| January 31, 2012 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| KEVIN S.C. CHANG |
| LESLIE E. KOBAYASHI |
| Other Fraud |
| 28 U.S.C. ยง 1345 Medical Care Recovery |
| Plaintiff |
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Filing
725
ORDER RULING ON THE PARTIES' MOTIONS IN LIMINE re 630 Motion in Limine No. 2 to Exclude the Testimony of David Argue; re 631 Motion in Limine No. 3 to Exclude the Testimony of Richard O. Schmidt; re 632 Motion in Limine No. 5 to Exclude Confidential Information of the Cancer Center of Hawai'i and PRO Associates LLC; re 633 Motion in Limine No. 6 to Preclude Improper Use of Evidence Obtained During Discovery; re 634 Motion in Limine No. 1 to Exclude the Expert Testimony of Ron DiGiamo; re 638 Motion in Limine No. 7 to Exclude Inadmissible Evidence of Patient Complaints ; re 660 Motion for Joinder: This Court has construed the Joinders as joinders of simple agreement , rather than substantive joinders; re 661 Motion for Joinder: This Court has construed the Joinders as joinders of simple agreement, rather than substantive joinders; re 662 Motion for Joinder: This Court has construed the Joinders as joinders of simple agreement, rather than substantive joinders; re 664 Motion for Joinder: This Court has construed the Joinders as joinders of simple agreement, rather than substantive joinders; re 667 Motion in Limine: Redacted M otion in Limine to Exclude Testimony and Report of Jonathan Cunitz Or in the Alternative to Strike Portions of Said Report and Testimony;re 687 Sealed Motion : Unredacted Motion in Limine to Exclude Testimony and Report of Jonathan Cunitz Or, in the Alternative, to Strike Portions of Said Report and Testimony. Signed by JUDGE LESLIE E. KOBAYASHI on 01/11/2017. (eps, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF).
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Filing
724
ORDER DENYING DEFENDANTS' MOTION FOR RECONSIDERATION OF [693-1] ORDER RULING ON REMAINING ISSUES IN PENDING APPEALS FROM THE MAGISTRATE JUDGE'S ORDERS reg 702 Motion for Reconsideration. Signed by JUDGE LESLIE E. KOBAYASHI on 01/1 0/2017. (eps, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF).
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Filing
693
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT The Court HEREBY GRANTS the remaining portions of: Plaintiffs' Appeal from Magistrate Judge's Order Regardin g Discovery Issues [Dkt. 363 ], filed October 17, 2014; Plaintiffs' Appeal from Magistrate Judge's Order Granting Defendants' Motion to Compel Discovery [Dkt 449 ], filed December 22, 2014; and TCCH's Appeal from Magistrate Judg e's Order Granting Defendants' Motion to Compel Discovery [Dkt 449 ], filed December 24, 2014. The portions of the magistrate judge's October 7, 2014 order and December 11, 2014 order that remained after this Court's January 30, 2015 order and April 20, 2015 order on the discovery appeals are HEREBY SET ASIDE, as more specifically set forth supra Discussion Section III. Signed by JUDGE LESLIE E. KOBAYASHI on 11/23/2016. (eps, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Modified on 11/23/2016 (eps, ).
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Filing
553
ORDER REGARDING PLAINTIFFS' APPEAL AND THE CANCER CENTER OF HAWAII, LLC'S APPEAL FROM THE MAGISTRATE JUDGES DECEMBER 11, 2014 ORDER re 463 APPEAL OF MAGISTRATE JUDGE DECISION to District Court filed by The Cancer Center of Hawaii, LLC, re 460 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Eva Bieniek, M.D., Vincent Brown, M.D., Paul Demare, M.D., Thanh Huynh, M.D., John Lederer, MD, PRO Associates, LLC, Pacific Radiation Oncology, LLC, Laeton Pang, M.D. re 449 Order, Terminate filed by Vincent Brown, M.D., John Lederer, M.D., Pacific Radiation Oncology, LLC, PRO Associates, LLC, Laeton Pang, M.D., Paul Demare, M.D., Eva Bieniek, M.D., Thanh Huynh, M.D.. Signed by JUDGE LESLIE E. KOBAYASHI on 04/20/2015. This Court DENIES both Plaintiffs' Appeal and TCCH's Appeal as to the magistrate judge's order to respond to the Disputed Financial Discovery Requests (RPD Numbers 15 and 16 an d Interrogatory Number 2). This Court AFFIRMS the magistrate judge's 12/11/14 Discovery Order as to his findings and conclusions regarding the Disputed Financial Discovery Requests. This Court HEREBY RESERVES RULING on Plaintiffs' Appeal and TCCH's Appeal from the magistrate judge's 12/11/14 Discovery Order [dkt. no. 449 ], to the extent that they challenge the order to respond to Defendants' Requests for Production of Documents Numbers 9 through 11 and Interr ogatory Number 3. After the Hawai'i Supreme Court responds to the certified questions, this Court will inform the parties if further briefing regarding the Discovery Appeals is necessary. This Court HEREBY DENIES Plaintiffs' Appeal and TCCH 's Appeal, and AFFIRMS the magistrate judge's order, in all other respects. This Court ORDERS Plaintiffs and/or TCCH to comply with the portions of the magistrate judge's order that this Court has affirmed by no later than May 1, 2015. (eps )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
551
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO STRIKE THE FEBRUARY 19, 2015 SUPPLEMENTAL REPORT OF JONATHAN CUNITZ re: 530 . Signed by JUDGE LESLIE E. KOBAYASHI on 4/13/2015. Excerpt of conclusi on: "The Motion is GRANTED insofar as this Court HEREBY STRIKES the portions of Dr. Cunitz's February 19, 2015 report identified in this order. The Motion is DENIED in all other respects." Related: February 19, 2015 Supplemental Report of Jonathan Cunitz: Filed as SEALED Exhibit "1" - doc no. 538 , attachment 1. (afc)CERTIFICATE OF SERVICEParticipants registered to receive elec tronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
493
ORDER RESERVING RULING ON PLAINTIFFS' APPEAL FROM MAGISTRATE JUDGE'S ORDER REGARDING DISCOVERY ISSUES [DKT. 363 ] re 460 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Eva Bieniek, M.D., Vincent Brown, M.D., Paul Demare , M.D., Thanh Huynh, M.D., John Lederer, MD, PRO Associates, LLC, Pacific Radiation Oncology, LLC, Laeton Pang, M.D. re 449 Order, Terminate filed by Vincent Brown, M.D., John Lederer, M.D., Pacific Radiation Oncology, LLC, PRO Associates, LLC, Laeton Pang, M.D., Paul Demare, M.D., Eva Bieniek, M.D., Thanh Huynh, M.D. This Court therefore CONCLUDES that it is appropriate to certify to the Hawai'i Supreme Court the question of whether a non-party patie nt's de-identified medical records are discoverable in a civil action between the patient's physician and the facility where the patient had a consultation and/or treatment. The Court will issue an order allowing the parties, includ ing the Patient Intervenors, to comment upon the precise language of this certified question and whether the Court should certify any other questions The Court will RESERVE RULING on Plaintiffs Appeal from Magistrate Judge's Order Regar ding Discovery Issues [Dkt. 363], filed October 17, 2014, in light of the Court's decision to certify the central question in the Discovery Appeal to the Hawai'i Supreme Court. After the supreme court responds to the certified question(s), this Court will issue a schedule for limited briefing to address the supreme court's response to the certified question(s). Signed by JUDGE LESLIE E. KOBAYASHI on 01/30/2015. (eps )CERTIFICAT E OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
485
ORDER DENYING PLAINTIFFS' MOTION FOR RECONSIDERATION OF [DKT 431 ] ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT ON THE COUNTERCLAIM, OR IN THE ALTERNATIVE, TO SEVER DEFENDANTS' COUNTERCLAIM [DKT N O. [175-1]] FILED FEBRUARY 25, 2014 re 452 Motion for Reconsideration. Signed by JUDGE LESLIE E. KOBAYASHI on 01/21/2015. (eps)CERTIFICATE OF SERVICEParticipants registered to receive electronic notif ications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
479
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO EXCLUDE THE TESTIMONY OF JONATHAN A. CUNITZ re 231 Motion in Limine. Signed by JUDGE LESLIE E. KOBAYASHI on 01/16/2015. The Cunitz Motion is DEN IED insofar as this Court will allow Dr. Cunitz to testify at trial regarding his interpretation of Plaintiffs historic financial documents, if Plaintiffs comply with the notice and disclosure requirements set forth in this Order. The Cunitz Motion i s GRANTED in all other respects. (eps)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
474
ORDER GRANTING DEFENDANTS' EX PARTE MOTION TO SEAL DEFENDANTS' OPPOSITION TO 460 PLAINTIFFS' OBJECTIONS TO AND STATEMENT OF APPEAL FROM MAGISTRATE'S ORDER GRANTING DEFENDANTS' MOTION TO COMPEL DISCOVERY AND EXHIBITS 1 THROU GH 8 IN SUPPORT THEREOF re 469 Motion to Seal Document. Signed by JUDGE LESLIE E. KOBAYASHI on 01/09/2015. (eps)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
462
ORDER GRANTING MOTION TO INTERVENE BY 14 PATIENTS ON THEIR OWN BEHALF AND ALTERNATIVELY AS CLASS REPRESENTATIVES FOR THE LIMITED PURPOSE OF FILING THE ATTACHED BRIEF ON THE ISSUE OF THE APPEAL FROM THE MAGISTRATE JUDGE'S ORDER REGARDING THE DISC LOSURE OF CONFIDENTIAL MEDICAL RECORDS re 403 - Signed by JUDGE LESLIE E. KOBAYASHI on 12/24/2014. "This Court ORDERS the Patients to file their memorandum regarding Plaintiffs' October 17, 2014 appeal from the magistrate judge's discovery order, dated October 7, 2014 - in the form attached to the Motion to Intervene - by January 6, 2015." "The Court orders Defendants to file a memorandum responding to the Patients' memorandum b y January 16, 2015. In particular, Defendants shall address the Patients' argument that de-identification of their medical records is not sufficient to protect their confidential medical information because of the prior disclosure of the List. Plaintiffs may file an optional response to the Patients' memorandum by January 16, 2015, and the Patients may file their optional reply by January 21, 2015. The Court will take Plaintiffs appeal under advisement thereafter." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
431
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT ON THE COUNTERCLAIM FILED FEBRUARY 25, 2014 [DKT. [175-1]] re 253 Motion for Summary Judgment; re 326 Motion for Leave to Supplement. Signed by JUDGE LESLIE E. KOBAYASHI on 11/30/2014. - Defendants' Motion for Leave to Supplement the Summary Judgment Record with New Material Evidence, filed September 9, 2014,is HEREBY GRANTED; - Plaintiffs' "Mo tion for Summary Judgment on the Counterclaim Filed February 25, 2014 [Dkt. [175-1]]," filed July 28, 2014, is HEREBY GRANTED insofar as this Court GRANTS summary judgment in favor of the PRO Member Physicians as to Counterclaim Count I and in f avor of PRO LLC, PRO Associates, and the PRO Member Physicians as to the portion of Counterclaim Count II based on free-riding;- Plaintiffs' Motion is HEREBY DENIED as to the portion of Counterclaim Count II based on the PRO Member Physician s' self-referral practices; and - Defendants' request for summary judgment pursuant to Fed. R. Civ. P. 56(f)(1) and Local Rule 56.1(i) is HEREBY DENIED. (eps) CERTIFICATE OF SERVICEP articipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
343
AMENDED ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR TEMPORARY RESTRAINING ORDER OR IN THE ALTERNATIVE FOR PRELIMINARY INJUNCTION re 335 . Signed by JUDGE LESLIE E. KOBAYASHI on 09/18/2014. (eps)< hr>CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
335
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR TEMPORARY RESTRAINING ORDER OR IN THE ALTERNATIVE FOR PRELIMINARY INJUNCTION re 240 MOTION for Temporary Restraining Order or in the Alternative for Preliminary Injun ction. Signed by JUDGE LESLIE E. KOBAYASHI on 09/12/2014. -- Plaintiffs' Motion for Temporary Restraining Order or in the Alternative for Preliminary Injunction, filed July 14, 2014, is HEREBY GRANTED IN PART A ND DENIED IN PART. The Motion is GRANTED insofar as this Court: FINDS that Defendants' counsel, Alston Hunt Floyd & Ing, violated the Amended Stipulated Protective Order; [dkt. no. 134;] and FINDS that the appropriate sanction is an award of Pla intiffs' reasonable attorneys fees and costs incurred as a result of the violation, as described in this Order. Plaintiffs shall file their memorandum regarding the amount of the award, with supporting documentation, by September 29, 2014, and D efendants may file a memorandum responding to the requested amount by October 13, 2014. This Court CAUTIONS the parties that this Court may strike any memorandum that does not comply with the requirements set forth in this Order. Plaintiffs' Mot ion is DENIED in all other respects.This Court ORDERS the parties to contact the magistrate judge to schedule a discovery conference to address the issues set forth in this Order. (eps)CERTIFICATE OF SERV ICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
275
ORDER Denying 220 Defendants' Written Statement of APPEAL from MAGISTRATE JUDGE'S ORDER Denying Defendants' Motion For Leave To File Dispositive Motions. Signed by JUDGE LESLIE E. KOBAYASHI on 8/7/14. (gab, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
198
ORDER DENYING PLAINTIFFS' MOTION TO DISMISS DEFENDANTS' COUNTERCLAIM re 185 . Signed by JUDGE LESLIE E. KOBAYASHI on 05/30/2014. -- Because Defendants' Counterclaim was filed on February 25, 2014, [dkt. no. 175 ] which was after this deadline, the Court will permit Plaintiffs to file a substantive motion regarding the Counterclaim by July 28, 2014 and has reserved the hearing date of September 15, 2014 at 9:45 a.m. for this motion. At the risk of s tating the obvious, no other substantive motions shall be filed without prior leave of court. Further, given the timing of the Counterclaim's filing due to the appeal taken and the filing and withdrawal of the Motion to Dismiss, the Court inform s the parties that it may consider severing or bifurcating the trial on the Counterclaim from the trial on Plaintiffs' claims, which is scheduled to commence on December 2, 2014. (eps)CERTIFICATE OF SER VICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
63
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION 1 . Signed by JUDGE LESLIE E. KOBAYASHI on 3/20/2012. (afc)CERTIFICATE OF SERVICEParticipants registered to receive elec tronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
32
ORDER DENYING 9 JOHN DOE'S MOTION TO INTERVENE IN THE PLAINTIFFS' MOTION FOR A TEMPORARY RESTRAINING ORDER, OR IN THE ALTERNATIVE, FOR A PRELIMINARY INJUNCTION. Signed by District JUDGE LESLIE E. KOBAYASHI on February 9, 2012. (bbb, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
19
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' 1 MOTION FOR A TEMPORARY RESTRAINING ORDER. Signed by District JUDGE LESLIE E. KOBAYASHI on February 3, 2012. (bbb, )CERTIFICATE OF SERVICEParticipants re gistered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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