James et al v. Midlands Choice, Inc.
Plaintiff: Debra K. James
Defendant: Midlands Choice, Inc.
Relator Plaintiff: United States of America
Case Number: 8:2013cv00069
Filed: July 8, 2013
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: Joseph F. Bataillon
Presiding Judge: Thomas D. Thalken
Nature of Suit: Other Statutory Actions
Cause of Action: 31 U.S.C. ยง 3729 False Claims Act

Available Case Documents

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Date Filed Document Text
January 29, 2015 Opinion or Order Filing 147 ORDER - IT IS ORDERED that the Complaint be dismissed with prejudice as to Relator and without prejudice as to the United States. IT IS SO ORDERED. Ordered by Senior Judge Joseph F. Bataillon. (TCL )
October 3, 2014 Opinion or Order Filing 110 ORDER - IT IS ORDERED: The parties' Stipulation of Costs and Fees (Filing No. 109 ) is adopted. The plaintiff and her attorney, Terry A. White, shall have forty-five days from the date of this Order to pay the defendant the sum of $1,428.00, and file verification of payment with the court. Ordered by Magistrate Judge Thomas D. Thalken. (TCL )
September 24, 2014 Opinion or Order Filing 107 ORDER - IT IS ORDERED: The defendant's Motion to Compel Production of Documents and Request for Sanctions (Filing No. 93 ) is granted as set forth in this order. Counsel for the parties shall confer on a reasonable amount to be awarded and , if there is agreement, shall file on or before October 3, 2014, a stipulation of the costs and fees to be awarded. In the event the parties fail to reach an agreement, the defendant may file on or before October 8, 2014, an application for the a ward of the costs and fees accompanied by an affidavit of such costs and fees, pursuant to Civil Rules of the United States District Court for the District of Nebraska 54.3 and 54.4. The plaintiff shall have until on or before October 13, 2014, to respond to the defendants application. Thereafter, the issue of costs and sanctions will be deemed submitted and a written order entered. Ordered by Magistrate Judge Thomas D. Thalken. (TCL)
August 25, 2014 Opinion or Order Filing 98 SECOND AMENDED ORDER SETTING SCHEDULE FOR PROGRESSION OF CASE granting 97 Motion to Extend. Depositions shall be completed by 10/28/14. Pretrial Conference set for 3/20/2015 at 02:00 PM in Chambers before Magistrate Judge Thomas D. Thalken . Jury Trial set to commence, at the court's call, during the week of 4/27/2015 in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Joseph F. Bataillon. Ordered by Magistrate Judge Thomas D. Thalken. (ADB)
July 22, 2014 Opinion or Order Filing 89 AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE granting 86 Motion to Extend. All depositions, whether or not they are intended to be used at trial, shall be completed by August 29, 2014. Pretrial Conference set for 1/16/2015 a t 10:00 AM in Chambers before Magistrate Judge Thomas D. Thalken. Jury Trial set for 2/17/2015 at 08:30 AM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Joseph F. Bataillon. Ordered by Magistrate Judge Thomas D. Thalken. (ADB)
July 8, 2014 Opinion or Order Filing 83 ORDER - IT IS ORDERED: The plaintiff's Motion for Leave to File Amended Complaint (Filing No. 66 ) is granted as set forth above. James shall have until July 11, 2014, to file her amended complaint. Pursuant to NECivR 72.2 any objection to t his Order shall be filed with the Clerk of the Court within fourteen (14) days after being served with a copy of this Order. Failure to timely object may constitute a waiver of any objection. The brief in support of any objection shall be filed at the time of filing such objection. Failure to file a brief in support of any objection may be deemed an abandonment of the objection. Ordered by Magistrate Judge Thomas D. Thalken. (TCL )
March 10, 2014 Opinion or Order Filing 55 ORDER - Pursuant to the joint stipulation of the parties, Filing No. 54 , the court dismisses plaintiff's second and fourth claims in this case, with each party to pay its own costs. Ordered by Judge Joseph F. Bataillon. (TCL )
December 13, 2013 Opinion or Order Filing 42 PROTECTIVE ORDER granting 41 Motion for Protective Order. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
July 16, 2013 Opinion or Order Filing 12 AMENDED REASSIGNMENT ORDER that Case No. 8:13CV69, United States of America ex rel. Debra K. James v. Midland Choice, Inc. is reassigned to District Judge Joseph F. Bataillon for disposition and to Magistrate Judge Thomas D. Thalken for judicial supervision and processing of all pretrial matters. Ordered by Chief Judge Laurie Smith Camp. (ADB)
July 8, 2013 Opinion or Order Filing 7 ORDER - IT IS ORDERED that, 1. the complaint be unsealed and served upon the defendant by the relator; 2. all other contents of the Court's file in this action remain under seal and not be made public or served upon the defendants, except for this Order and The Government's Notice of Election to Decline Intervention, which the relator will serve upon the defendant only after service of the complaint; 3. the seal be lifted as to all other matters occurring in this action after the date of this Order; the parties shall serve all pleadings and motions filed in this action, including supporting memoranda, upon the United States, as provided for in 31 U.S.C. § 3730(c)(3). The United States may order any deposition transcript s and is entitled to intervene in this action, for good cause, at any time;5. the parties shall serve all notices of appeal upon the United States; 6. all orders of this Court shall be sent to the United States; and that 7. should the relator or the defendant propose that this action be dismissed, settled, or otherwise discontinued, the Court will solicit the written consent of the United States before ruling or granting its approval. IT IS SO ORDERED. Ordered by Senior Judge Warren K. Urbom. (TCL )
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Relator plaintiff: United States of America
Represented By: Laurie A. Kelly
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Defendant: Midlands Choice, Inc.
Represented By: Christopher E. Hoyme
Represented By: Jill L. Poole
Represented By: Susan M. Schneider
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Plaintiff: Debra K. James
Represented By: Terry A. White
Represented By: Katherine A. Busch
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