United States of America et al v. Bozeman Health Deaconess Hospital et al
Plaintiff: United States of America, Frank M. Rembert and Michael R. Paradise
Defendant: Bozeman Health Deaconess Hospital and Deaconess-Intercity Imaging
Case Number: 2:2015cv00080
Filed: December 11, 2015
Court: US District Court for the District of Montana
Office: Butte Office
County: GALLATIN
Presiding Judge: Sam E Haddon
Nature of Suit: Qui Tam (31 U.S.C. § 3729(a))
Cause of Action: 31:3729
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
October 31, 2018 Opinion or Order Filing 463 ORDERED: Pursuant to 31 U.S.C. § 3730(b)(l) and the authority of this Court, this action is dismissed with prejudice, as fully and finally settled. This matter is CLOSED. Signed by Judge Sam E Haddon on 10/31/2018. (HEG)
July 19, 2018 Opinion or Order Filing 438 ORDERED: BDH' s Renewed Motion to Quash Subpoena and for Protective Order 317 is DENIED. BDH shall forthwith produce to Relators all documents identified in the privilege log and submitted to the Court in camera. The parties may reopen the VMG deposition under the conditions set forth in paragraph 2(b) and 2(c) of the Court's Order of April 30, 2018. FURTHER ORDERED: Relators' Motion for Sanctions 317 is DENIED. Signed by Judge Sam E Haddon on 7/19/2018. (HEG)
July 17, 2018 Opinion or Order Filing 435 ORDER granting 428 Unopposed Motion to File Unredacted Documents Under Seal subject to terms,conditions and limitations. (See order) Signed by Judge Sam E Haddon on 7/17/2018. (HEG)
July 16, 2018 Opinion or Order Filing 434 ORDERED: Docket Numbers 428, 429 and 430, and exhibits, Docket Numbers 431 and 432, may be filed. Signed by Judge Sam E Haddon on 7/16/2018. (HEG)
July 2, 2018 Opinion or Order Filing 401 ORDER granting 389 Motion to File Under Seal subject to terms, conditions, and limitations. (See Order) Signed by Judge Sam E Haddon on 7/2/2018. (HEG)
June 29, 2018 Opinion or Order Filing 380 ORDER granting 376 Motion in Limine. Defendants' Unopposed Motion in Limine Re: Reimbursement of Internet Services (#7) is GRANTED. All evidence and argument that reimbursement of radiologists for internet services constitutes a kickback or was in any way improper is excluded and may not be introduced or referenced in any further proceedings in this case. Signed by Judge Sam E Haddon on 6/29/2018. (HEG)
June 25, 2018 Opinion or Order Filing 369 ORDER granting 363 Motion to File Under Seal subject to terms, conditions, and limitations. (See Order) Signed by Judge Sam E Haddon on 6/25/2018. (HEG)
June 22, 2018 Opinion or Order Filing 356 ORDER granting 354 Motion to File Under Seal RE: Motion for Summary Judgment re Judicial Estoppel subject to terms, conditions, and limitations (see Order). Signed by Judge Sam E Haddon on 6/22/2018. (NOS)
June 21, 2018 Opinion or Order Filing 350 ORDERED: To assist the Court in address and resolution of issues presented in Relators' Motion for Determination of Privilege and to Compel Intercity Radiology, P.C., non-party Intercity Radiology, P.C. ("ICR") is directed to submit to the Court, in camera, on or before 4:45 p.m. (MT) on June 29, 2018, copies of all the documents identified in the several privilege logs generated by counsel for ICR and identified in Exhibits 4-12 to Relators' Brief in Support of Relators ' Motion for Determination of Privilege and to Compel Intercity Radiology, P.C. Signed by Judge Sam E Haddon on 6/21/2018. (HEG)
June 20, 2018 Opinion or Order Filing 345 ORDER granting 343 subject to terms, conditions and limitations. Please review order for complete details . Signed by Judge Sam E Haddon on 6/20/2018. (HEG)
June 13, 2018 Opinion or Order Filing 328 ORDER granting 315 Motion to File Documents Under Seal subject to terms, conditions, and limitations as listed in Order. Signed by Judge Sam E Haddon on 6/13/2018. (NOS)
June 7, 2018 Opinion or Order Filing 309 ORDER granting 307 Motion to File Unredacted Supplemental and Rebuttal Expert Reports Under Seal subject to terms, conditions and limitations (see Order). Signed by Judge Sam E Haddon on 6/7/2018. (NOS)
June 1, 2018 Opinion or Order Filing 302 ORDER. Based on the parties' 301 Stipulation and good cause appearing, IT IS HEREBY ORDERED that exhibits shall be filed as set forth in paragraph 13 of this Court's Order dated May 25, 2017 (Doc. 90 ), on or before September 7, 2018. Signed by Judge Sam E Haddon on 6/1/2018. (NOS)
May 22, 2018 Opinion or Order Filing 294 ORDER. BDH's Motion of Bozeman Health Deaconess Hospital to Quash Subpoena and for Protective Order is DENIED, without prejudice subject to renewal. BDH may renew its motion, on or before May 25, 2018, if it files with the Court, in camera, the specific communications it seeks to protect as privileged. Relators' Rule 45(d)(2)(B)(i) Cross-Motion to Compel Compliance with Subpoena Duces Tecum is DENIED as moot. Relators' Unopposed Motion to Consolidate is GRANTED. Cau se No. CV 18-18-BU-SEH and Cause No. CV 15-80-BU-SEH are consolidated for resolution of issues related to Bozeman Health Deaconess's Motion to Quash Subpoena and Relators' Cross-Motion to Compel Compliance. Documents filed in the consolidat ed action shall be captioned in the same manner as documents previously filed in Cause No. CV 15-80-BU-SEH, and shall be maintained and docketed in Cause No. CV 15-80-BU-SEH. The clerk is directed to close Cause No. CV 18-18-BU-SEH. (See Order for further details.) Signed by Judge Sam E Haddon on 5/22/2018. (NOS)
May 9, 2018 Opinion or Order Filing 288 ORDER granting 284 Motion for Leave to File Unredacted Supplemental Expert Reports Under Seal subject to terms, conditions and limitations (see Order). Signed by Judge Sam E Haddon on 5/9/2018. (NOS)
May 7, 2018 Opinion or Order Filing 282 ORDER granting 276 Motion to Appear Pro Hac Vice for Tinos Diamantatos. Acknowledgment of PHV Order due within 15 days from the date of this Order. Signed by Judge Sam E Haddon on 5/7/2018. (NOS)
April 5, 2018 Opinion or Order Filing 262 ORDER granting 159 Motion for Determination of Privilege Re: Claw-Back as stated in this Order. (See Order for details.) Signed by Judge Sam E Haddon on 4/5/2018. (NOS)
April 3, 2018 Opinion or Order Filing 256 ORDER granting in part 199 Relators' Second Rule 26(b)(5)(8) Motion. Exhibit 17 is not protected by attorney-client privilege. Deposition testimony related to Exhibit 17 is not privileged. Documents relied upon by the Court in resolving this issue, "including documents filed under seal" are now public. The Clerk is directed to unseal docket numbers 201, 201-1, 201-2, 201-3, 201-4 and 241. Signed by Judge Sam E Haddon on 4/3/2018. (ASG)
March 16, 2018 Opinion or Order Filing 243 ORDER granting subject to the terms, conditions and limitations set forth in the order 240 Motion to File Document Under Seal. Signed by Judge Sam E Haddon on 3/16/2018. (ASG)
March 12, 2018 Opinion or Order Filing 237 ORDER granting 236 Motion to Appear Pro Hac Vice for Brian J. Kapatkin. Kapatkin is substituted in place of William J. McKenna. This Order will be withdrawn unless Kapatkin within 15 days from the date of this Order, files an acknowledgment and acceptance of his admission under the terms set forth above. Signed by Judge Sam E Haddon on 3/12/2018. (NOS)
March 9, 2018 Opinion or Order Filing 232 ORDER re 141 Motion to Compel re: Request for Production No. 19 and granting 157 Motion in Limine. Please see order for details/deadlines. Signed by Judge Sam E Haddon on 3/9/2018. (ASG)
March 8, 2018 Opinion or Order Filing 230 ORDER denying 220 Motion for Leave to Submit Additional Deposition TranscriptsUnder Seal. Signed by Judge Sam E Haddon on 3/8/2018. (ASG)
March 6, 2018 Opinion or Order Filing 217 ORDER granting 216 Motion to Vacate. Intercity Radiology P.C.'s Motion for Protective Order With Respect to Deposition of Courtney Funk (Doc. 206) is WITHDRAWN. The hearing set for March 8, 2018, is VACATED. Signed by Judge Sam E Haddon on 3/6/2018. (APP)
February 26, 2018 Opinion or Order Filing 197 ORDER granting 181 Motion to File Redacted Brief subject to the terms, conditions and limitations in paragraph 2 of Order. Signed by Judge Sam E Haddon on 2/26/2018. (NOS)
November 15, 2017 Opinion or Order Filing 149 ORDER granting 147 Motion to Appear Pro Hac Vice David B. Robbins, Esq. ; granting 148 Motion to Appear Pro Hac Vice David F. Taylor, Esq. Acknowledgment of PHV Order due by 11/30/2017. Signed by Judge Sam E Haddon on 11/15/2017. (ELL)
October 26, 2017 Opinion or Order Filing 139 ORDER granting 137 Motion to Vacate. The unopposed Motion to Vacate Hearing is GRANTED. The hearing set for 10/30/17 is VACATED. Signed by Judge Sam E Haddon on 10/26/2017. (ELL)
October 16, 2017 Opinion or Order Filing 123 ORDER granting 122 Motion to Appear Pro Hac Vice for atty Fatema F. Zanzi, Esq. Acknowledgment of PHV Order due by 10/31/2017. Signed by Judge Sam E Haddon on 10/16/2017. (ELL)
September 5, 2017 Opinion or Order Filing 118 ORDER granting 116 Motion to Appear Pro Hac Vice of Jesse A. Whitten. Acknowledgment of PHV Order due by 9/20/2017. Signed by Judge Sam E Haddon on 9/5/2017. (ELL)
June 7, 2017 Opinion or Order Filing 97 ORDER re 95 Stipulation filed by Michael R. Paradise, Intercity Radiology, Frank M. Rembert. ORDERED: 1. ICR will Produce the five documents identified in Relators' Motion for Determination of privilege Claim to all parties in this case. 2. ICR may not object, on privilege grounds, to any party asking witness questions related to these five documents or the creation of the Deaconess-InterCity Imaging joint venture that is the subject of this case. 3. By stipulating to the use of these documents, ICR does not waive its attorney-client or work product privileges as to any other documents, and the stipulated use of these documents is not and should not be construed as a general or specific waiver of the attorney-client or work product privileges. 4. Relators' agreement does not waive their right to seek a determination as to privilege or waiver pertaining to any other documents on the same subject matter (the creation of the Deaconess-InterCity Imaging joint venture that is the subject of this case) at a later date and as may be necessary. 5. Relators' Motion for Determination of privilege Claim is deemed WITHDRAWN. Signed by Judge Sam E Haddon on 6/7/2017. (ELL)
May 25, 2017 Opinion or Order Filing 89 ORDERED: 1. On or before 6/2/17, Relators shall provide: (1) non-party Intercity Radiology, P.C. with a copy of this Order; and (2) Defendants with copies of all briefing filed under seal and relevant to the Motion for Determination of Privilege Cla im. 2. All parties and non-party Intercity Radiology, P.C. shall have the option but not the obligation, to file supplemental briefs on the privilege issues raised in Relators' Motion for Determination of Privilege Claim on or before June 16, 2017. Signed by Judge Sam E Haddon on 5/25/2017. (ELL)
May 8, 2017 Opinion or Order Filing 85 ORDERED: Necessary and appropriate revisions to the preliminary pretrial statements to address the deficiencies outlined in paragraphs 1 and 2 shall be filed on or before May 12, 2017(SEE ORDER FOR COMPLETE DETAILS) Signed by Judge Sam E Haddon on 5/8/2017. (ELL)
February 7, 2017 Opinion or Order Filing 71 ORDER denying 58 Motion to Dismiss for Lack of Jurisdiction; denying 60 Motion to Dismiss for Failure to State a Claim. ORDERED: 1. Defendants' Motion to Dismiss for Lack of Jurisdiction is DENIED. 2. Defendants' Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(6) and 9(b) is DENIED. 3. Defendants shall file and serve an answer within 14 days from the date of this Order as required under Fed. R. Civ. P. 12(a)(4). Signed by Judge Sam E Haddon on 2/7/2017. (ELL)
November 1, 2016 Opinion or Order Filing 55 ORDER granting 54 Motion to Appear Pro Hac Vice RE Attorney Jeffrey D. Perconte, Esq. Acknowledgment of PHV Order due by 11/16/2016. Signed by Judge Sam E Haddon on 11/1/2016. (ELL, )
October 21, 2016 Opinion or Order Filing 53 ORDERED: re 1 1. Plaintiff Reltors who initiated this action may proceed with prosecution of the claims. 2. The State of Montana shall be provided with copies of all pleadings and may request depositions in compliance with Mont. Code Ann. 17-8-406( 6)(a) and 31 U.S.C. 3730(c)(3). 3. A copy of any Notice of Appeal filed in this case shall be served on the State of Montana. 4. The seal was lifted on all proceedings and filings in this matter on and after August 29, 2016. Signed by Judge Sam E Haddon on 10/21/2016. (HEG, )
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Search for this case: United States of America et al v. Bozeman Health Deaconess Hospital et al
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Plaintiff: United States of America
Represented By: Megan L. Dishong
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Plaintiff: Frank M. Rembert
Represented By: Benjamin Joseph Alke
Represented By: James Devlan Geddes
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Plaintiff: Michael R. Paradise
Represented By: Benjamin Joseph Alke
Represented By: James Devlan Geddes
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Defendant: Bozeman Health Deaconess Hospital
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Defendant: Deaconess-Intercity Imaging
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