United States of America v. Millennium Laboratories, Inc.
| Ryan Uehling, Mark McGuire, State of California, State of Colorado, State of Connecticut, State of Delaware, District of Columbia, State of Florida, State of Hawaii, State of Illinois, State of Indiana, State of Iowa, State of Louisiana, State of Maryland, Commonwealth of Masachusetts, State of Michigan, State of Minnesota, State of Montana, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of North Carolina, State of Oklahoma, State of Rhode Island, State of Tennessee, State of Texas, Commonwealth of Virginia, State of Wisconsin and United States of America |
| Millennium Laboratories, Inc. |
| Wendy Johnson and State of Washington |
| State of Georgia |
| Millenium Laboratories of California, Inc., James Slattery and Howard Appel |
| Omni Healthcare Inc. and John Doe |
| Allstate Insurance Company and Lawrence K. Spitz, M.D. |
| Amadeo Pesce and Estate of Robert Cunningham |
| 1:2012cv10132 |
| January 26, 2012 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Suffolk |
| Nathaniel M Gorton |
| Other Statutes: False Claims Act |
| 31 U.S.C. § 3729 False Claims Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 17, 2020. A more recent docket listing may be available from PACER.
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| Filing 295 Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER, granting #284 MOTION for Order to Award Federal and State Relator Awards to Mark McGuire filed by Mark McGuire.(Lima, Christine) |
| Filing 294 MANDATE of USCA as to #246 Notice of Appeal filed by Mark McGuire. Appeal #246 Terminated (Paine, Matthew) |
| Filing 293 REPLY to Response to #284 MOTION for Order to Award Federal and State Relator Awards to Mark McGuire filed by Mark McGuire. (Attachments: #1 Exhibit A)(Greene, Thomas) |
| Filing 292 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #291 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Vieira, Leonardo) |
| Filing 291 Assented to MOTION for Leave to File Reply Memorandum In Support of Entry of An Order Awarding Federal And State Relator Awards To Mark McGuire by Mark McGuire. (Attachments: #1 Exhibit 1)(Greene, Thomas) |
| Filing 290 Letter/request (non-motion) from David C.Tolley for clarification regarding motions for attorneys' fees.. (Tolley, David) |
| Filing 288 MEMORANDUM in Opposition re #284 MOTION for Order to Award Federal and State Relator Awards to Mark McGuire filed by Estate of Robert Cunningham. (Roddy, John) |
| Filing 287 ELECTRONIC NOTICE issued requesting courtesy copy for #284 MOTION for Order to Award Federal and State Relator Awards to Mark McGuire , #285 Memorandum in Support of Motion. Counsel who filed these documents are requested to submit a courtesy copy of them to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Lima, Christine) |
| Filing 286 CORRECTED ORDER of USCA as to #246 Notice of Appeal filed by Mark McGuire In light of the United States Supreme Court's recent denial of the petition for certiorari in Supreme Court No. 19-583, the District of Massachusetts is directed to act expeditiously in resolving all remaining matters in 1:09-cv-12209 and 1:12-cv-10132-NMG. (Paine, Matthew) |
| Filing 285 MEMORANDUM in Support re #284 MOTION for Order to Award Federal and State Relator Awards to Mark McGuire filed by Mark McGuire. (Greene, Thomas) |
| Filing 284 MOTION for Order to Award Federal and State Relator Awards to Mark McGuire by Mark McGuire. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Text of Proposed Order)(Greene, Thomas) |
Filing 283
ORDER of USCA as to #246 Notice of Appeal filed by Mark McGuire.In light of the United States Supreme Court's recent denial of the petition for certiorari in Supreme Court No. 19-583, the District of Massachusetts is directed to act expeditiously in resolving all remaining matters in 1:09-cv-12209 and 1:12-cv-10132-NMG. (Paine, Matthew)
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Filing 289
Order entered from the U.S. Supreme Court. The Petition for a Writ of Certiorari is Denied. (Paine, Matthew)
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| Filing 282 Case Appealed to Supreme Court of the United States, Case Number 19-583. (Paine, Matthew) |
| Filing 281 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered re (278 in 1:12-cv-10132-NMG) Letter/request (non-motion). "Pursuant to defendants letter/request for clarification (Docket No. 278) in United States et al. ex rel. McGuire et al. v. Millennium Laboratories et al. (12-cv-10132), all relators in the consolidated actions are directed to re-file their motions for attorneys fees within forty-five (45) days after the date on which the petition for writ of certiorari to the United States Supreme Court has been filed and decided, or the time for filing such a petition has expired." Associated Cases: 1:12-cv-10132-NMG, 1:14-cv-14276-NMG(Lima, Christine) |
| Filing 280 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #279 Motion for Leave to Appear Pro Hac Vice Added Nicole Langston. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Vieira, Leonardo) |
| Filing 279 MOTION for Leave to Appear Pro Hac Vice for admission of Nicole Langston Filing fee: $ 100, receipt number 0101-7723758 by Millennium Laboratories, Inc.. (Attachments: #1 Certification of Nicole Langston)(Tolley, David) |
| Filing 278 Letter/request (non-motion) from David C. Tolley regarding motions for attorneys' fees. (Tolley, David) |
| Filing 277 USCA Judgment as to #246 Notice of Appeal filed by Mark McGuire.The judgment of the district court is REVERSED, and the matter REMANDED for further proceedings consistent with the Opinion issued this day. (Paine, Matthew) |
| Filing 276 OPINION of USCA as to #246 Notice of Appeal filed by Mark McGuire. (Paine, Matthew) |
| Filing 275 Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER. The motion to order the government to transfer relator's fee into an interest bearing account in the registry of the court (Docket entry #253 ) is DENIED. (Garvin, Brendan) |
| Filing 274 REPLY to Oppositions Memoranda (dockets #258 , #259 , #261 and #263 filed by Estate of Robert Cunningham. (Griffith, Robert) Modified on 10/19/2017 (Caruso, Stephanie). |
| Filing 273 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting #271 Motion for Leave to File Response ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Caruso, Stephanie) |
| Filing 272 Notice of correction to docket made by Court staff. Correction: Docket Entry 269 and 271 corrected because: D.E. 271 is a corrected version of D.E. 269. D.E. 269 has been terminated, per telephone conversation with Attorney Griffith. (Caruso, Stephanie) |
| Filing 271 CORRECTED MOTION for Leave to File Response/Opposition Memoranda (dockets 258, 259, 261 and 263 by Estate of Robert Cunningham.(Griffith, Robert) Modified on 10/18/2017 (Caruso, Stephanie). |
| Filing 270 Proposed MEMORANDUM in Opposition re #262 MOTION for Leave to File Opposition to Motion to Order the Government to Transfer Relator's Fee Into an Interest Bearing Account in the Registry of the Court (Docket No. 253) and Dockets 258, 259, 263, 261 filed by Estate of Robert Cunningham. (Griffith, Robert) |
| Filing 269 MOTION for Leave to File A Response to Government's Statement by Estate of Robert Cunningham.(Griffith, Robert) |
| Filing 268 NOTICE of Withdrawal of Appearance by Sonya A. Rao (Rao, Sonya) |
| Filing 267 Opposition re #253 MOTION for Order to the Government to transfer relator's fee into an interest bearing account in the registry of the court filed by Allstate Insurance Company, Lawrence K. Spitz, M.D.. (McEttrick, Jacquelyn) |
| Filing 266 Notice of correction to docket made by Court staff. Correction: Document No. 255 corrected because: It was incorrectly filed as a motion, but is a proposed order. (Lima, Christine) |
| Filing 265 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting #262 Motion for Leave to File Opposition ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Caruso, Stephanie) |
| Filing 264 Notice of correction to docket made by Court staff. Correction: Docket Entry 262 corrected because: Memorandum in Support of motion incorrectly filed as an attached to the motion. See Docket Entry 263 for the Memorandum in Support. (Caruso, Stephanie) |
| Filing 263 MEMORANDUM in Support re #262 MOTION for Leave to File Opposition to Motion to Order the Government to Transfer Relator's Fee Into an Interest Bearing Account in the Registry of the Court (Docket No. 253) filed by Allstate Insurance Company, Lawrence K. Spitz, M.D.. (Caruso, Stephanie) |
| Filing 262 MOTION for Leave to File Opposition to Motion to Order the Government to Transfer Relator's Fee Into an Interest Bearing Account in the Registry of the Court (Docket No. 253) by Allstate Insurance Company, Lawrence K. Spitz, M.D.. (Attachments: #2 Exhibit A)(McEttrick, Jacquelyn) Modified on 10/16/2017 (Caruso, Stephanie). |
| Filing 261 Opposition re #253 MOTION for Order to the Government to transfer relator's fee into an interest bearing account in the registry of the court filed by Wendy Johnson. (Stromgren, Elaine) |
| Filing 260 ELECTRONIC NOTICE issued requesting courtesy copy for #258 Opposition to Motion. Counsel who filed this document are requested to submit a courtesy copy of it to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Lima, Christine) |
| Filing 259 RESPONSE to Motion re #253 MOTION for Order to the Government to transfer relator's fee into an interest bearing account in the registry of the court filed by United States of America. (Henderson, George) |
| Filing 258 Opposition re #253 MOTION for Order to the Government to transfer relator's fee into an interest bearing account in the registry of the court filed by Mark McGuire. (Attachments: #1 Exhibit 1-3)(Greene, Thomas) |
| Filing 257 NOTICE of Appearance by David C. Tolley on behalf of Millennium Laboratories, Inc. (Tolley, David) |
| Filing 256 ELECTRONIC NOTICE issued requesting courtesy copy for #254 Memorandum in Support of Motion, #255 Proposed MOTION for Order to granting motion to order the government to pay relator's fee into an interest bearing account in the registry of the court , #253 MOTION for Order to the Government to transfer relator's fee into an interest bearing account in the registry of the court . Counsel who filed these documents are requested to submit a courtesy copy of them to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Lima, Christine) |
| Filing 255 Proposed Order granting #253 motion to order the government to pay relator's fee into an interest bearing account in the registry of the court by Estate of Robert Cunningham.(Griffith, Robert) Modified on 10/16/2017 (Lima, Christine). |
| Filing 254 MEMORANDUM in Support re #253 MOTION for Order to the Government to transfer relator's fee into an interest bearing account in the registry of the court filed by Estate of Robert Cunningham. (Griffith, Robert) |
| Filing 253 MOTION for Order to the Government to transfer relator's fee into an interest bearing account in the registry of the court by Estate of Robert Cunningham. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Griffith, Robert) |
| Filing 252 Supplemental Record on Appeal transmitted to US Court of Appeals re #246 Notice of Appeal Documents included: ECF Nos. 236,239, and 249 (Paine, Matthew) |
| Filing 251 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting #250 Motion for Extension of Time to File Assented to MOTION for Extension of Time for Undersigned Relators to File Motions for Attorneys' Fees by Estate of Robert Cunningham. (Caruso, Stephanie) |
| Filing 250 Assented to MOTION for Extension of Time for Undersigned Relators to File Motions for Attorneys' Fees by Estate of Robert Cunningham.(Roddy, John) |
| Filing 249 Judge Nathaniel M. Gorton: ENDORSED ORDER entered denying #236 Request for Entry of Judgment. "Request denied." (Lima, Christine) |
| Filing 248 USCA Case Number 17-1106 for #246 Notice of Appeal filed by Mark McGuire. (Paine, Matthew) |
| Filing 247 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #246 Notice of Appeal. (Paine, Matthew) |
| Filing 246 NOTICE OF APPEAL re #213 MEMORANDUM AND ORDER, #223 ORDER, #234 ORDER by Mark McGuire Filing fee: $ 505, receipt number 0101-6460071 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at #http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 2/9/2017. (Greene, Thomas) (Modified on 1/20/2017 to Correct Docket Text and CM/ECF Document Link) (Paine, Matthew). |
| Filing 245 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered denying #244 Motion for Leave to File Document (Caruso, Stephanie) |
| Filing 244 MOTION for Leave to File Reply Memorandum in Support of Request for Entry of Judgment by Mark McGuire. (Attachments: #1 Exhibit A)(Greene, Thomas) |
| Filing 243 Notice of correction to docket made by Court staff. Correction: Docket Number 239 corrected because: to update docket text to reflect filing as a joint opposition (Caruso, Stephanie) |
| Filing 242 Set/Reset Deadlines: Motions for Attorneys' Fees due by 3/3/2017 (Caruso, Stephanie) |
| Filing 241 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting #240 Assented to MOTION for Extension of Time to March 3, 2017 to File Motions for Attorneys' Fees (Caruso, Stephanie) |
| Filing 240 Assented to MOTION for Extension of Time to March 3, 2017 to File Motions for Attorneys' Fees by Estate of Robert Cunningham.(Roddy, John) |
| Filing 239 Joint Opposition re #236 MOTION for Judgment as a Matter of Law filed by Estate of Robert Cunningham, Ryan Uehling, Omni Healthcare Inc. and Amadeo Pesce. (Roddy, John) Modified on 1/6/2017 (Caruso, Stephanie). Modified on 1/6/2017 (Caruso, Stephanie). |
| Filing 238 Set/Reset Deadlines as to #236 MOTION for Judgment as a Matter of Law. Responses due by 1/5/2017 (Lima, Christine) |
| Filing 237 Notice of correction to docket made by Court staff. Correction: Docket Entry 236 corrected because: Incorrect event used. Edited to reflect Motion for Judgment. (Caruso, Stephanie) |
| Filing 236 Request from Plaintiff-Relator Mark McGuire for Entry of Judgment. (Attachments: #1 Exhibit A)(Greene, Thomas) Modified on 12/23/2016 to reflect Motion for Judgment (Caruso, Stephanie). |
| Filing 235 STIPULATION of Dismissal by Mark McGuire. (Greene, Thomas) |
| Filing 234 Judge Nathaniel M. Gorton: ENDORSED ORDER entered "the motion of relator Mark McGuire for reconsideration (Docket No. 218) is DENIED" re #213 Judge Nathaniel M. Gorton: MEMORANUM & ORDER. See attached order (Caruso, Stephanie) |
| Filing 233 SUR-REPLY to Motion re #218 MOTION for Reconsideration re #213 Order on Motion to Dismiss,,,, Order on Motion to Seal Document,,,, Order on Motion for Miscellaneous Relief,,,,,,,,,,,, Order on Motion to Strike,,, filed by Estate of Robert Cunningham. (Roddy, John) |
| Filing 232 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting #231 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Caruso, Stephanie) |
| Filing 231 MOTION for Leave to File Sur-Reply in Opposition to Mark McGuire's Motion for Reconsideration (Unopposed) by Estate of Robert Cunningham. (Attachments: #1 [Proposed] Sur-Reply)(Roddy, John) |
| Filing 230 REPLY to Response to #218 MOTION for Reconsideration re #213 Order on Motion to Dismiss,,,, Order on Motion to Seal Document,,,, Order on Motion for Miscellaneous Relief,,,,,,,,,,,, Order on Motion to Strike,,, filed by Mark McGuire. (Greene, Thomas) |
| Filing 229 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting #228 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Lima, Christine) |
| Filing 228 MOTION for Leave to File Reply Memorandum in Support of Cross-Claimant Mark McGuire's Motion to Reconsider Memorandum and Order of August 19, 2016 by Mark McGuire. (Attachments: #1 Exhibit A)(Greene, Thomas) |
| Filing 227 MEMORANDUM in Opposition re #218 MOTION for Reconsideration re #213 Order on Motion to Dismiss,,,, Order on Motion to Seal Document,,,, Order on Motion for Miscellaneous Relief,,,,,,,,,,,, Order on Motion to Strike,,, filed by Estate of Robert Cunningham. (Roddy, John) |
| Filing 226 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting #224 Motion for Extension of Time to File Motions for Attorneys' Fees (Unopposed) by Estate of Robert Cunningham (Caruso, Stephanie) |
| Filing 225 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered denying as moot #222 Motion for Leave to File Document (Caruso, Stephanie) |
| Filing 224 MOTION for Extension of Time to File Motions for Attorneys' Fees (Unopposed) by Estate of Robert Cunningham.(Roddy, John) |
| Filing 223 Judge Nathaniel M. Gorton: ENDORSED ORDER entered "Accordingly, McGuire's motion to supplement his cross-claim (Docket No. 214) is DENIED. (Caruso, Stephanie) |
| Filing 222 MOTION for Leave to File a Reply Memorandum in Support of Motion to Supplement Complaint by Mark McGuire. (Attachments: #1 Exhibit A)(Greene, Thomas) |
| Filing 221 ELECTRONIC NOTICE issued requesting courtesy copy for #220 Affidavit in Support of Motion. Counsel who filed this document are requested to submit a courtesy copy of it to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Lima, Christine) |
| Filing 220 AFFIDAVIT of Thomas M. Greene in Support re #218 MOTION for Reconsideration re #213 Order on Motion to Dismiss,,,, Order on Motion to Seal Document,,,, Order on Motion for Miscellaneous Relief,,,,,,,,,,,, Order on Motion to Strike,,, filed by Mark McGuire. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Greene, Thomas) |
| Filing 219 MEMORANDUM in Support re #218 MOTION for Reconsideration re #213 Order on Motion to Dismiss,,,, Order on Motion to Seal Document,,,, Order on Motion for Miscellaneous Relief,,,,,,,,,,,, Order on Motion to Strike,,, filed by Mark McGuire. (Greene, Thomas) |
| Filing 218 MOTION for Reconsideration re #213 Order on Motion to Dismiss,,,, Order on Motion to Seal Document,,,, Order on Motion for Miscellaneous Relief,,,,,,,,,,,, Order on Motion to Strike,,, by Mark McGuire.(Greene, Thomas) |
| Filing 217 Joint Opposition re #214 MOTION for Leave to File Supplemental Complaint filed by Estate of Robert Cunningham, John Doe, Omni Healthcare Inc., Amadeo Pesce, Ryan Uehling. (Androphy, Joel) |
| Filing 216 MEMORANDUM in Opposition re #214 MOTION for Leave to File Supplemental Complaint filed by Estate of Robert Cunningham. (Roddy, John) |
| Filing 215 ELECTRONIC NOTICE issued requesting courtesy copy for #214 MOTION for Leave to File Supplemental Complaint. Counsel who filed this document are requested to submit a courtesy copy of it to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Lima, Christine) |
| Filing 214 MOTION for Leave to File Supplemental Complaint by Mark McGuire. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Greene, Thomas) (Attachment 1 replaced on 8/24/2016) (Caruso, Stephanie). Modified to replace Ex 1 with correct doc. per email from Attorney Michael Tabb on 8/24/2016 (Caruso, Stephanie). |
| Filing 213 Judge Nathaniel M. Gorton: MEMORANUM & ORDER entered 1. Cunninghams motion to dismiss (Docket No. #117 ) is, with respect to Fed. R. Civ. P. 12(b)(1), ALLOWED, but otherwise DENIED,2. Uehlings motion to dismiss (Docket No. #120 ) is, with respect to Fed. R. Civ. P. 12(b)(1) vis--vis Cunninghams first to file status, ALLOWED, but otherwise DENIED,3. Omnis motion to dismiss (Docket No. #123 ) is, with respect to Fed. R. Civ. P. 12(b)(1) vis--vis Cunninghams first to file status, ALLOWED, but otherwise DENIED,4. Pesces motion to dismiss (Docket No. #131 ) with respect to Fed. R. Civ. P. 12(b)(1) vis--vis Cunninghams first to file status, ALLOWED, but otherwise DENIED,5. Cunninghams motion to seal (Docket No. #119 ) is DENIED without prejudice and6. McGuires motion to strike (Docket No. #142 ) is DENIED. (Caruso, Stephanie) |
| Filing 212 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered terminating #159 Motion to Transfer Case; terminating #161 Motion to Strike. Motions were transferred to 16cv11624-FDS. (Lima, Christine) |
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Filing 211
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #159 Motion to Sever; reserving ruling on #159 Motion to Transfer Case. Defendant Millennium Labs seeks to sever Count IV of relator Uehling's Third Amended Complaint and to transfer venue to the Southern District of California. In this Count, Uehling alleges that he suffered adverse employment consequences after sounding the alarm about the acts underlying his False Claims Act (FCA) Complaint. Millennium, having settled the consolidated FCA claims with the government and the relators, seeks separate consideration of the retaliation claim. This motion comes to this session of the court on an emergency basis. Judge Gorton, who presides over the consolidated litigation, has issued an order of recusal limited to the retaliation claim (see no. 12-10631, dkt. #107). Fed. R. Civ. P. 21 provides that "[t]he court may [] sever any claim against any party." A court may sever claims "when doing so would serve the ends of justice and further the prompt and efficient disposition of the litigation." In re Merrill Lynch & Co., Inc. Research Reports Sec. Litig., 214 F.R.D. 152, 154 (S.D.N.Y. 2003). Factors to consider when deciding a motion to sever include(1) whether the claims arise out of the same transaction or occurrence; (2) whether the claims present some common questions of law or fact; (3) whether settlement of the claims or judicial economy would be facilitated; (4) whether prejudice would be avoided if severance were granted; and (5) whether different witnesses and documentary proof are required for the separate claims.Id. at 154-155. The relevant factors weigh in favor of severance. Uehling's retaliation claim does not arise out of the same transaction as the underlying FCA claims whether Millennium retaliated against him for alleged whistleblowing is a separate inquiry from whether Millennium violated the FCA. To the extent that the retaliation claim requires a reasonableness evaluation of Uehling's belief that Millennium was violating the FCA, that issue is concluded adversely to Millennium by the settlement agreement. Severance also serves judicial economy by permitting Judge Gorton, who has overseen this case since 2012, to resolve the collateral issues arising from the FCA settlement namely, cross-claims by relators regarding entitlement to settlement funds and requests for attorneys' fees. The Clerk is requested to open a new case for Uehling's retaliation claim and to have it randomly drawn to a new session. Millenniums pending motions to transfer and to strike the Third Amended Complaint are referred to the judge designated on the drawing. (RGS, int2)
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| Filing 210 SUR-REPLY to Motion re #159 MOTION to Sever Count IV of Third Amended Complaint MOTION to Transfer Case (Count IV after Severing) to Southern District of California. filed by Ryan Uehling. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Kelly, Patricia) |
| Filing 209 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #193 Motion to Strike - denying motion to strike and granting motion to file a sur-reply- sur-reply to be filed by 8/12/16. (Flaherty, Elaine) |
| Filing 208 Judge Nathaniel M. Gorton: ORDER entered. PARTIAL ORDER OF RECUSAL.Associated Cases: 1:12-cv-10132-NMG, 1:12-cv-10631-NMG(Lima, Christine) |
| Filing 207 NOTICE of Withdrawal of Appearance by Catherine A. Ryan (Ryan, Catherine) |
| Filing 206 Judge Nathaniel M. Gorton: ORDER entered in case 1:09-cv-12209-NMG; granting in part and denying in part (197) Motion for Relief from Time Limits and Request for Status Conference; denying (204) Motion for Hearing in case 1:12-cv-10132-NMG Associated Cases: 1:12-cv-10132-NMG et al.(Lima, Christine) |
| Filing 205 RESPONSE to Motion re #204 MOTION for Hearing for Request for a Status Conference filed by Estate of Robert Cunningham. (Roddy, John) |
| Filing 204 MOTION for Hearing for Request for a Status Conference by Mark McGuire.(Greene, Thomas) |
| Filing 203 RESPONSE to Motion re #197 MOTION for Relief from Time Limits of Rule 54(d)(2)(B)(i) and Request for Status Conference filed by Mark McGuire. (Greene, Thomas) |
| Filing 202 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting #200 Motion for Leave to Appear Pro Hac Vice Added Christopher Casper. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Caruso, Stephanie) |
| Filing 201 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting #199 Motion for Leave to Appear Pro Hac Vice Added Elaine Stromgren. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Caruso, Stephanie) |
| Filing 200 Consent MOTION for Leave to Appear Pro Hac Vice for admission of Christopher Casper Filing fee: $ 100, receipt number 0101-6066531 by Wendy Johnson. (Attachments: #1 Affidavit)(Durrell, Suzanne) |
| Filing 199 Consent MOTION for Leave to Appear Pro Hac Vice for admission of Elaine Stromgren Filing fee: $ 100, receipt number 0101-6066505 by Wendy Johnson. (Attachments: #1 Affidavit)(Durrell, Suzanne) |
| Filing 198 Opposition re #193 MOTION to Strike #189 Reply to Response to Motion, (Defendant Millennium Health LLC's Opposition To Plaintiff's Motion To Strike Millennium's Reply In Support Of Motion To Sever And Transfer Or In The Alternative For Leave To File A Sur-Reply Brief) filed by Millennium Laboratories, Inc.. (Mertineit, Dawn) |
| Filing 197 MOTION for Relief from Time Limits of Rule 54(d)(2)(B)(i) and Request for Status Conference by Estate of Robert Cunningham.(Roddy, John) |
| Filing 196 Judge Nathaniel M. Gorton: ORDER entered re #194 Stipulation of Dismissal filed by State of Florida (Lima, Christine) |
| Filing 195 ELECTRONIC NOTICE issued requesting courtesy copy for (193 in 1:12-cv-10132-NMG) MOTION to Strike (189) Reply to Response to Motion, . Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. Associated Cases: 1:12-cv-10132-NMG, 1:12-cv-10631-NMG(Lima, Christine) |
| Filing 194 STIPULATION of Dismissal by State of Florida. (Attachments: #1 Text of Proposed Order Proposed Order)(Von Hoene, Kathleen) |
| Filing 193 MOTION to Strike #189 Reply to Response to Motion, by Ryan Uehling. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Kelly, Patricia) |
| Filing 192 Judge Nathaniel M. Gorton: ENDORSED ORDER entered. Associated Cases: 1:12-cv-10132-NMG et al.(Caruso, Stephanie) |
| Filing 191 Supplemental AFFIDAVIT of Brian Fowler in Support re #159 MOTION to Sever Count IV of Third Amended Complaint MOTION to Transfer Case (Count IV after Severing) to Southern District of California. (Affidavit in support of reply brief filed 3/23/2016) filed by Millennium Laboratories, Inc.. (Mertineit, Dawn) |
| Filing 190 AFFIDAVIT of Katherine E. Perrelli in Support re #159 MOTION to Sever Count IV of Third Amended Complaint MOTION to Transfer Case (Count IV after Severing) to Southern District of California., #161 MOTION to Strike Third Amended Complaint (Affidavit in support of reply briefs filed 3/23/2016) filed by Millennium Laboratories, Inc.. (Mertineit, Dawn) |
| Filing 189 REPLY to Response to #159 MOTION to Sever Count IV of Third Amended Complaint MOTION to Transfer Case (Count IV after Severing) to Southern District of California. (leave granted 3/23/16) filed by Millennium Laboratories, Inc.. (Mertineit, Dawn) |
| Filing 188 REPLY to Response to #161 MOTION to Strike Third Amended Complaint (leave granted 3/23/16) filed by Millennium Laboratories, Inc.. (Mertineit, Dawn) |
| Filing 187 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting #185 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Caruso, Stephanie) |
| Filing 186 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting #184 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Caruso, Stephanie) |
| Filing 185 MOTION for Leave to File Reply Brief in support of Motion to Transfer/Sever by Millennium Laboratories, Inc.. (Attachments: #1 Exhibit 1, #2 Affidavit Affidavit, #3 Affidavit Affidavit)(Mertineit, Dawn) |
| Filing 184 MOTION for Leave to File Reply Brief in support of Motion to Strike by Millennium Laboratories, Inc.. (Attachments: #1 Exhibit 1, #2 Affidavit Affidavit)(Mertineit, Dawn) |
| Filing 183 Proposed Document(s) submitted by United States of America. Document received: Proposed Order. (George, Abraham) |
| Filing 182 STIPULATION of Dismissal by United States of America. (George, Abraham) |
| Filing 181 ELECTRONIC NOTICE issued requesting courtesy copy for #180 Addendum to Motion/Memorandum, #179 Addendum to Motion/Memorandum. Counsel who filed these documents are requested to submit a courtesy copy of them to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Lima, Christine) |
| Filing 180 ADDENDUM re #159 MOTION to Sever Count IV of Third Amended Complaint MOTION to Transfer Case (Count IV after Severing) to Southern District of California. filed by Millennium Laboratories, Inc.. (Attachments: #1 Exhibit 1)(Mertineit, Dawn) |
| Filing 179 ADDENDUM re #161 MOTION to Strike Third Amended Complaint filed by Millennium Laboratories, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Mertineit, Dawn) |
| Filing 178 Opposition re #159 MOTION to Sever Count IV of Third Amended Complaint MOTION to Transfer Case (Count IV after Severing) to Southern District of California. filed by Ryan Uehling. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Kelly, Patricia) (Attachment 2 replaced on 3/16/2016) (Caruso, Stephanie). |
| Filing 177 Opposition re #161 MOTION to Strike Third Amended Complaint filed by Ryan Uehling. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Kelly, Patricia) (Attachment 2 replaced on 3/16/2016) (Caruso, Stephanie). |
| Filing 176 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting #174 Motion for Leave to Appear Pro Hac Vice Added Samuel E. Doran. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Caruso, Stephanie) |
| Filing 175 AMENDED COMPLAINT Third against Ryan Uehling, filed by Ryan Uehling.(Kelly, Patricia) |
| Filing 174 MOTION for Leave to Appear Pro Hac Vice for admission of Samuel E. Doran Filing fee: $ 100, receipt number 0101-6011549 by Ryan Uehling. (Attachments: #1 Affidavit Certificate In Support of Application For Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing)(Kelly, Patricia) |
| Filing 173 NOTICE of Voluntary Dismissal by Ryan Uehling (Mone, Michael) |
| Filing 172 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting #170 Motion for Leave to Appear Pro Hac Vice Added Monica P. Navarro. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Caruso, Stephanie) |
| Filing 171 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting #169 Motion for Leave to Appear Pro Hac Vice Added J. Marc Vezina. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Caruso, Stephanie) |
| Filing 170 MOTION for Leave to Appear Pro Hac Vice for admission of Monica P. Navarro, Esq. Filing fee: $ 100, receipt number 0101-5999538 by Omni Healthcare Inc.. (Attachments: #1 Affidavit Declaration of Monica P. Navarro, Esq.)(Kelly, Patricia) |
| Filing 169 MOTION for Leave to Appear Pro Hac Vice for admission of J. Marc Vezina Filing fee: $ 100, receipt number 0101-5999440 by Omni Healthcare Inc.. (Attachments: #1 Affidavit Declaration of J. Marc Vezina)(Kelly, Patricia) |
| Filing 168 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting #167 Motion for Extension of Time to File Response/Reply re #161 MOTION to Strike Third Amended Complaint, #159 MOTION to Sever Count IV of Third Amended Complaint MOTION to Transfer Case (Count IV after Severing) to Southern District of California. Responses due by 3/15/2016 (Lima, Christine) |
| Filing 167 Assented to MOTION for Extension of Time to March 15, 2016 to File Response/Reply as to #159 MOTION to Sever Count IV of Third Amended Complaint MOTION to Transfer Case (Count IV after Severing) to Southern District of California., #161 MOTION to Strike Third Amended Complaint by Ryan Uehling.(Kelly, Patricia) |
| Filing 166 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered from 12cv10631-NMG: ELECTRONIC ORDER entered granting nunc pro tunc 43 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Lima, Christine) |
| Filing 165 NOTICE of Appearance by Patricia L. Kelly on behalf of Ryan Uehling (Kelly, Patricia) |
| Filing 164 NOTICE of Appearance by Erik W. Weibust on behalf of Millennium Laboratories, Inc. (Weibust, Erik) |
| Filing 163 NOTICE of Appearance by Katherine E. Perrelli on behalf of Millennium Laboratories, Inc. (Perrelli, Katherine) |
| Filing 162 MEMORANDUM in Support re #161 MOTION to Strike Third Amended Complaint filed by Millennium Laboratories, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Mertineit, Dawn) |
| Filing 161 MOTION to Strike Third Amended Complaint by Millennium Laboratories, Inc..(Mertineit, Dawn) |
| Filing 160 MEMORANDUM in Support re #159 MOTION to Sever Count IV of Third Amended Complaint MOTION to Transfer Case (Count IV after Severing) to Southern District of California. filed by Millennium Laboratories, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Mertineit, Dawn) |
| Filing 159 MOTION to Sever Count IV of Third Amended Complaint, MOTION to Transfer Case (Count IV after Severing) to Southern District of California.( Responses due by 3/1/2016) by Millennium Laboratories, Inc..(Mertineit, Dawn) |
| Filing 158 NOTICE of Appearance by Dawn M. Mertineit on behalf of Millennium Laboratories, Inc. (Mertineit, Dawn) |
| Filing 157 SUR-REPLY to Motion re #117 MOTION to Dismiss with Prejudice McGuire's Crossclaim for Declatory Judgment, #131 MOTION to Dismiss McGuire's Cross-Claim, #120 MOTION To Dismiss McGuire's Cross-Claim, #123 MOTION to Dismiss filed by Mark McGuire. (Greene, Thomas) |
| Filing 156 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting #155 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Lima, Christine) |
| Filing 155 MOTION for Leave to File a Sur-Reply in Motions to Dismiss Briefing by Mark McGuire. (Attachments: #1 Exhibit A)(Greene, Thomas) |
| Filing 154 REPLY to Response to #131 MOTION to Dismiss McGuire's Cross-Claim filed by Ryan Uehling. (Mone, Michael) |
| Filing 153 REPLY to Response to #131 MOTION to Dismiss McGuire's Cross-Claim filed by Estate of Robert Cunningham. (Roddy, John) |
| Filing 152 Opposition re #142 MOTION to Strike #118 Memorandum in Support of Motion, and Cunningham Appendix filed by Estate of Robert Cunningham. (Roddy, John) |
| Filing 151 REPLY to Response to #117 MOTION to Dismiss with Prejudice McGuire's Crossclaim for Declatory Judgment, #131 MOTION to Dismiss McGuire's Cross-Claim, #120 MOTION To Dismiss McGuire's Cross-Claim, #123 MOTION to Dismiss filed by Estate of Robert Cunningham. (Roddy, John) |
| Filing 149 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting #147 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Lima, Christine) |
| Filing 150 Judge Nathaniel M. Gorton: ENDORSED ORDER entered granting #146 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. "Motion allowed; reply briefs will not exceed five (5) pages each or 20 pages in the aggregate." (Lima, Christine) |
| Filing 148 AFFIDAVIT of Robert A. Griffith by Estate of Robert Cunningham. (Roddy, John) |
| Filing 147 MOTION for Leave to File a Response to the Government's Statement Concerning Cunningham's Motion to Dismiss by Estate of Robert Cunningham. (Attachments: #1 [Proposed] Response)(Roddy, John) |
| Filing 146 MOTION for Leave to File Reply Briefs (Unopposed) by Estate of Robert Cunningham.(Roddy, John) |
| Filing 145 AFFIDAVIT OF SERVICE Executed by Ryan Uehling. Millennium Laboratories, Inc. served on 1/11/2016, answer due 2/1/2016. Acknowledgement filed by Ryan Uehling. (Androphy, Joel) |
| Filing 144 AFFIDAVIT OF SERVICE Executed by Ryan Uehling. Howard Appel served on 1/8/2015, answer due 1/29/2015. Acknowledgement filed by Ryan Uehling. (Androphy, Joel) |
| Filing 143 MEMORANDUM in Support re #142 MOTION to Strike #118 Memorandum in Support of Motion, and Cunningham Appendix filed by Mark McGuire. (Greene, Thomas) |
| Filing 142 MOTION to Strike #118 Memorandum in Support of Motion, and Cunningham Appendix by Mark McGuire.(Greene, Thomas) |
| Filing 141 Opposition re #119 MOTION to Seal Document #118 Memorandum in Support of Motion, filed by Mark McGuire. (Greene, Thomas) |
| Filing 140 Opposition re #117 MOTION to Dismiss with Prejudice McGuire's Crossclaim for Declatory Judgment, #131 MOTION to Dismiss McGuire's Cross-Claim, #120 MOTION To Dismiss McGuire's Cross-Claim, #123 MOTION to Dismiss filed by Mark McGuire. (Greene, Thomas) |
| Filing 139 Summons Reissued as to Millenium Laboratories of California, Inc., Millennium Laboratories, Inc. James Slattery, Howard Appel, Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. |
| Filing 138 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting #137 Motion for Extension of Time to File Response/Reply re #119 MOTION to Seal Document #118 Memorandum in Support of Motion, , #117 MOTION to Dismiss with Prejudice McGuire's Crossclaim for Declatory Judgment, #123 MOTION to Dismiss, #120 MOTION To Dismiss McGuire's Cross-Claim Responses due by 1/13/2016 (Lima, Christine) |
| Filing 137 Assented to MOTION for Extension of Time to 01/13/16 to File Response/Reply as to #117 MOTION to Dismiss with Prejudice McGuire's Crossclaim for Declatory Judgment, #120 MOTION To Dismiss McGuire's Cross-Claim, #119 MOTION to Seal Document #118 Memorandum in Support of Motion, , #123 MOTION to Dismiss by Mark McGuire.(Greene, Thomas) |
| Filing 136 Second RESPONSE to Motion re #117 MOTION to Dismiss with Prejudice McGuire's Crossclaim for Declatory Judgment, #131 MOTION to Dismiss McGuire's Cross-Claim, #120 MOTION To Dismiss McGuire's Cross-Claim, #123 MOTION to Dismiss filed by United States of America. (Henderson, George) |
| Filing 135 NOTICE by United States of America Status of Payment of Settlement with Millennium Health, LLC (George, Abraham) |
| Filing 134 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting #130 Motion for Leave to Appear Pro Hac Vice Added Rajaram. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Flaherty, Elaine) |
| Filing 133 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting #129 Motion for Leave to Appear Pro Hac Vice Added Kleiman. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Flaherty, Elaine) |
| Filing 132 MEMORANDUM in Support re #131 MOTION to Dismiss McGuire's Cross-Claim filed by Amadeo Pesce. (Kleiman, Mark) |
| Filing 131 MOTION to Dismiss McGuire's Cross-Claim by Amadeo Pesce. (Attachments: #1 Brief in Support of Pre-Answer Motion to Dismiss McGuire's Cross-Claim)(Kleiman, Mark) |
| Filing 130 MOTION for Leave to Appear Pro Hac Vice for admission of Pooja Rajaram Filing fee: $ 100, receipt number 0101-5909669 by Amadeo Pesce. (Attachments: #1 Affidavit of Pooja Rajaram in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order Approving Pro Hac Vice Admission of Pooja Rajaram)(Kleiman, Mark) |
| Filing 129 MOTION for Leave to Appear Pro Hac Vice for admission of Mark Allen Kleiman Filing fee: $ 100, receipt number 0101-5909668 by Amadeo Pesce. (Attachments: #1 Affidavit of Mark Allen Kleiman in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order Approving Pro Hac Vice Admission of Mark Allen Kleiman)(Kleiman, Mark) |
| Filing 128 Notice of correction to docket made by Court staff. Correction: Document No. 127 corrected because: it was filed in the incorrect case. Please disregard this Order. (Lima, Christine) |
| Filing 127 Judge Nathaniel M. Gorton: ORDER entered. ORDER DISMISSING CASE(Lima, Christine) |
| Filing 126 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting #125 Motion for Extension of Time to File Response/Reply re #119 MOTION to Seal Document #118 Memorandum in Support of Motion, , #117 MOTION to Dismiss with Prejudice McGuire's Crossclaim for Declatory Judgment, #123 MOTION to Dismiss, #120 MOTION To Dismiss McGuire's Cross-Claim Responses due by 1/6/2016 (Lima, Christine) |
| Filing 125 Assented to MOTION for Extension of Time to 1/6/2015 to File Response/Reply as to #117 MOTION to Dismiss with Prejudice McGuire's Crossclaim for Declatory Judgment, #120 MOTION To Dismiss McGuire's Cross-Claim, #119 MOTION to Seal Document #118 Memorandum in Support of Motion, , #123 MOTION to Dismiss by Mark McGuire.(Greene, Thomas) |
| Filing 122 NOTICE of Appearance by Robert A. Griffith on behalf of Estate of Robert Cunningham (Griffith, Robert) |
| Filing 124 MEMORANDUM in Support re #123 MOTION to Dismiss filed by Omni Healthcare Inc.. (Danieli, Chris) |
| Filing 123 MOTION Cross-Defendants Omni Health Care, Inc. and John Doe's Pre-Answer Motion to Dismiss McGuire's Cross-Claim by Omni Healthcare Inc.(Danieli, Chris) |
| Filing 121 Memorandum in Support by Ryan Uehling to #120 MOTION To Dismiss McGuire's Cross-Claim #120 (Mone, Michael) Modified on 12/11/2015 (Flaherty, Elaine). |
| Filing 120 MOTION To Dismiss McGuire's Cross-Claim by Ryan Uehling.(Mone, Michael) |
| Filing 119 MOTION to Seal Document #118 Memorandum in Support of Motion, by Estate of Robert Cunningham.(Roddy, John) (Main Document 119 replaced on 12/8/2015) (Danieli, Chris). |
| Filing 118 MEMORANDUM in Support re #117 MOTION to Dismiss with Prejudice McGuire's Crossclaim for Declatory Judgment filed by Estate of Robert Cunningham. (Attachments: #1 Table of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Estate of Robert Cunningham Appendix)(Roddy, John) (Additional attachment(s) added on 7/27/2016: #9 Exhibit 8 Unsealed part 1, #10 Exhibit 8 Unsealed Part 2, #11 Exhibit 8 Unsealed part 3, #12 Exhibit 8 Unsealed Part 4, #13 Exhibit 8 Unsealed Part 5, #14 Exhibit 8 Unsealed Part 6, #15 Exhibit 8 Unsealed Part 7, #16 Exhibit 8 Unsealed Part 8, #17 Exhibit 8 Unsealed Part 9) (Caruso, Stephanie). Modified on 8/23/2016 (Caruso, Stephanie). (Additional attachment(s) added on 8/24/2016: #18 Unredacted Memorandum in Support) (Caruso, Stephanie). |
| Filing 117 MOTION to Dismiss with Prejudice McGuire's Crossclaim for Declatory Judgment by Estate of Robert Cunningham.(Roddy, John) |
| Filing 116 NOTICE of Appearance by John J. Roddy on behalf of Estate of Robert Cunningham (Roddy, John) |
| Filing 115 NOTICE of Appearance by Elizabeth A. Ryan on behalf of Estate of Robert Cunningham (Ryan, Elizabeth) |
| Filing 113 Judge Nathaniel M. Gorton: ENDORSED ORDER entered granting 112 Motion to Unseal Document (Flaherty, Elaine) |
| Filing 111 WAIVER OF SERVICE Returned Executed by Mark McGuire. Ryan Uehling waiver sent on 11/3/2015, answer due 1/4/2016. (Greene, Thomas) |
| Filing 110 WAIVER OF SERVICE Returned Executed by Mark McGuire. Omni Healthcare Inc. waiver sent on 11/3/2015, answer due 1/4/2016. (Greene, Thomas) |
| Filing 109 WAIVER OF SERVICE Returned Executed by Mark McGuire. John Doe waiver sent on 11/3/2015, answer due 1/4/2016. (Greene, Thomas) |
| Filing 108 WAIVER OF SERVICE Returned Executed by Mark McGuire. Estate of Robert Cunningham waiver sent on 11/3/2015, answer due 1/4/2016. (Greene, Thomas) |
| Filing 107 WAIVER OF SERVICE Returned Executed by Mark McGuire. Amadeo Pesce waiver sent on 11/3/2015, answer due 1/4/2016. (Greene, Thomas) |
| Filing 105 CROSSCLAIM for Declaratory Relief against Ryan Uehling, Amadeo Pesce, Omni Healthcare Inc., Estate of Robert Cunningham, John Doe, filed by Mark McGuire. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Greene, Thomas) |
| Filing 104 EXHIBIT re #85 Intervenor Complaint, by United States of America. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 10, #10 Exhibit 11, #11 Exhibit 12, #12 Exhibit 13, #13 Exhibit 14, #14 Exhibit 15, #15 Exhibit 16, #16 Exhibit 17, #17 Exhibit 18, #18 Exhibit 19, #19 Exhibit 20, #20 Exhibit 21, #21 Exhibit 22, #22 Exhibit 23, #23 Exhibit 24, #24 Exhibit 25, #25 Exhibit 26, #26 Exhibit 27, #27 Exhibit 28, #28 Exhibit 29, #29 Exhibit 30, #30 Exhibit 31, #31 Exhibit 32, #32 Exhibit 33, #33 Exhibit 34, #34 Exhibit 35, #35 Exhibit 36, #36 Exhibit 37, #37 Exhibit 38, #38 Exhibit 39, #39 Exhibit 40, #40 Exhibit 41, #41 Exhibit 42, #42 Exhibit 43, #43 Exhibit 44, #44 Exhibit 45, #45 Exhibit 46, #46 Exhibit 47, #47 Exhibit 48, #48 Exhibit 49, #49 Exhibit 50, #50 Exhibit 51, #51 Exhibit 52, #52 Exhibit 53, #53 Exhibit 54, #54 Exhibit 55, #55 Exhibit 56, #56 Exhibit 57, #57 Exhibit 58, #58 Exhibit 59, #59 Exhibit 60, #60 Exhibit 61, #61 Exhibit 62, #62 Exhibit 63, #63 Exhibit 64, #64 Exhibit 65, #65 Exhibit 66, #66 Exhibit 67, #67 Exhibit 68, #68 Exhibit 69, #69 Exhibit 70, #70 Exhibit 71, #71 Exhibit 72, #72 Exhibit 73, #73 Exhibit 74)(George, Abraham) (Additional attachment(s) added on 3/25/2022: #74 SEALED Exhibits 1-25, #75 SEALED Exhibits 26-50, #76 SEALED Exhibits 51-74) (Warnock, Douglas). |
| Filing 103 Judge Nathaniel M. Gorton: ORDER entered. (Flaherty, Elaine) |
| Filing 102 Judge Nathaniel M. Gorton: ORDER entered granting (101) Motion to Unseal Case in case 1:12-cv-10132-NMG *SEALED*; granting (70) Motion to Unseal Case in case 1:12-cv-10631-NMG *SEALED*; granting (42) Motion to Unseal Case in case 1:12-cv-12387-NMG *SEALED*; granting (32) Motion to Unseal Case in case 1:13-cv-10825-NMG *SEALED*; granting (17) Motion to Unseal Case in case 1:14-cv-14276-NMG *SEALED* Associated Cases: 1:12-cv-10132-NMG *SEALED*, 1:12-cv-10631-NMG *SEALED*, 1:12-cv-12387-NMG *SEALED*, 1:13-cv-10825-NMG *SEALED*, 1:14-cv-14276-NMG *SEALED*(Flaherty, Elaine) |
| Filing 92 Intervenor COMPLAINT, filed by State of Georgia. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 23, #23 Exhibit 24, #24 Exhibit 25, #25 Exhibit 26, #26 Exhibit 27, #27 Exhibit 28, #28 Exhibit 29, #29 Exhibit 30, #30 Exhibit 31, #31 Exhibit 32, #32 Exhibit 33, #33 Exhibit 34, #34 Exhibit 35, #35 Exhibit 36, #36 Exhibit 37, #37 Exhibit 38, #38 Exhibit 39, #39 Exhibit 40, #40 Exhibit 41, #41 Exhibit 42, #42 Exhibit 43, #43 Exhibit 44, #44 Exhibit 45, #45 Exhibit 46, #46 Exhibit 47, #47 Exhibit 48, #48 Exhibit 49, #49 Exhibit 50, #50 Exhibit 51, #51 Exhibit 52, #52 Exhibit 53, #53 Exhibit 54)(Danieli, Chris) |
| Filing 89 Intervenor COMPLAINT, filed by State of Florida. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Danieli, Chris) |
| Filing 85 COMPLAINT in Invervention, filed by United States of America.(Danieli, Chris) (Additional attachment(s) added on 3/24/2015: #1 Exhibits 1 - 74) (Exhibits 1 - 74 submitted in paper without CD, available in sealed document section of clerks office) (Danieli, Chris). (Additional attachment(s) added on 3/25/2022: #2 SEALED Complaint in Intervention) (Warnock, Douglas). |
| Filing 84 MOTION to Intervene and Delay Filing of Complaint in Intervention by State of Georgia. (Attachments: #1 Exhibit Proposed Order)(Danieli, Chris) |
| Filing 68 NOTICE of Election to Intervene in part and decline to Intervene in part by State of Washington (Attachments: #1 Proposed Order)(Danieli, Chris) |
| Filing 60 NOTICE of election to intervene in part and decline to intervene in part by State of Florida (Attachments: #1 Text of Proposed Order)(Moore, Kellyann) |
| Filing 56 NOTICE of election to Intervene in part and decline to Intervene in part by United States of America (Attachments: #1 Text of Proposed Order)(Moore, Kellyann) |
| Filing 7 AMENDED COMPLAINT against Millennium Laboratories, Inc., filed by United States of America.(Patch, Christine) |
| Filing 1 COMPLAINT against Millennium Laboratories, Inc., filed by United States of America. (Attachments: #1 Civil Cover Sheet and category sheet)(Flaherty, Elaine) |
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