United States of America ex rel. Michael I. Levine, M.D. v. Vascular Access Centers, L.P. et al.
| 1:2012cv05103 |
| September 15, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Other Statutes: False Claims Act |
| 31 U.S.C. ยง 3730 Qui Tam False Claims Act |
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Filing
215
ORDER AMENDING CAPTION AND ADDING NAMED DEFENDANTS granting 213 Motion to Add. IT IS HEREBY ORDERED: 1. The following entities, which were named in the original complaint as included within the collective defendant "VASCULAR ACCESS CENTERS, L .P., and each of its subsidiary and/or related corporations," are hereby added as separate named defendants in this action: a. Vascular Access Centers, L.P. b. Vascular Access Center of Atlanta LLC; c. Vascular Access Center of Atlantic County L LC; d. Vascular Access Center of Bolivar County LLC; e. Vascular Access Center of Central Jersey LLC; f. Vascular Access Center of Durham LLC; g. Vascular Access Center of Eatontown LLC; h. Vascular Access Center of Georgia LLC; i. Vascular Access Ce nter of Houston LLC; j. Vascular Access Center of Jacksonville LLC; k. Vascular Access Center of Jersey City LLC; l. Vascular Access Center of Memphis LLC; m. Vascular Access Center of New Orleans LLC; n. Vascular Access Center of North Shore Louisia na LLC; o. Vascular Access Center of Pittsburgh LLC; p. Vascular Access Center of Prince George County LLC; q. Vascular Access Center of Seattle LLC; r. Vascular Access Center of South Atlanta LLC; s. Vascular Access Center of South Los Angeles LLC; t. Vascular Access Center of Southern Maryland LLC; u. Vascular Access Center of Southwest Louisiana LLC; v. Vascular Access Center of Trenton LLC; w. Vascular Access Center of Washington DC LLC; and 2. The Clerk of the Court is respectfully request ed to add these defendants to the docket of this action. 3. The full caption of this action is hereby amended to the following, as further set forth. Party Vascular Access Center of Atlanta LLC, Vascular Access Center of Atlantic County LLC, Vascular Access Center of Bolivar County LLC, Vascular Access Center of Central Jersey LLC, Vascular Access Center of Durham LLC, Vascular Access Center of Eatontown LLC, Vascular Access Center of Georgia LLC, Vascular Access Center of Houston LLC, Vascular Access Center of Jacksonville LLC, Vascular Access Center of Jersey City LLC, Vascular Access Center of Memphis LLC, Vascular Access Center of New Orleans LLC, Vascular Access Center of North Shore Louisiana LLC, Vascular Access Center of Pittsburgh LLC, Vascular Access Center of Prince George County LLC, Vascular Access Center of Seattle LLC, Vascular Access Center of South Atlanta LLC, Vascular Access Center of South Los Angeles LLC, Vascular Access Center of Southern Maryland LLC, Vascular Access Center of Southwest Louisiana LLC, Vascular Access Center of Trenton LLC, Vascular Access Center of Washington DC LLC and Vascular Access Center of West Orange LLC added. (Signed by Judge Lorna G. Schofield on 10/28/2021) (mml)
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Filing
211
NOTICE AND ORDER OF PARTIAL SATISFACTION AND RELEASE: NOW THEREFORE, upon the Parties' agreement in this Notice and Order, IT IS HEREBY ORDERED that: 1. Within five business days of the Effective Date of this Notice and Order (defined below), (a ) Endovascular, on behalf of VAC, will pay to the order of the United States four hundred thousand dollars ($400,000) pursuant to the Term Sheet and the Sale Order (the "Endovascular Payment"), and (b) the Trustee on behalf of VAC will cause to be paid to the order of the United States twenty-four thousand dollars ($24,000) from the Additional Consideration, as agreed by and between the Trustee on behalf of VAC and the United States and consented to by Endovascular (the " ;VAC LP Payment"), for a total of four hundred twenty-four thousand dollars ($424,000) (together, the "Payments"). 2. Upon receipt of the Endovascular Payment, in addition to the release provided by the Sale Order to the Purchased Centers: (a) The Purchased Centers will be deemed to have fully satisfied their obligations (i) under the Stipulation, including their obligation to make the Settlement Payments, and (ii) under the Term Sheet, and/or Sale Order to pay any portion of the proceeds of the Sale to the United States; (b) The United States releases any claims it has related to the Covered Conduct (i) against the Purchased Centers as set forth in Paragraph 6 of the Stipulation, or (ii) against Endovascular, to the ext ent that such claims arise from its purchase of the Purchased Centers; and (c) The Relator releases any claims it has (i) against the Purchased Centers as set forth in Paragraph 8 of the Stipulation, or (ii) against Endovascular, to the extent that s uch claims arise from its purchase of the Purchased Centers. 3. Upon receipt of the Endovascular Payment and the VAC LP Payment, VAC will be deemed to have fully satisfied its obligations under the Term Sheet, and/or Sale Order to pay any portion of the proceeds of the Sale to the United States. For the avoidance of doubt, (a) the release of Endovascular and the Purchased Centers in paragraph 2 above is not conditioned on delivery of the VAC LP Payment, and (b) neither Endovascular nor the Purch ased Centers have any remaining obligation with respect to the payment of the VAC LP Payment. 4. For the avoidance of doubt, nothing in this agreement affects any obligations of VAC or the Purchased Centers under the Corporate Integrity Agreement (th e "CIA") between certain of the VAC Defendants and the U.S. Department of Health and Human Services, Office of Inspector General dated October 9, 2018, including, but not limited to, any successor liability as set forth in Section IV of the CIA, as further set froth in this Order. (Signed by Judge Lorna G. Schofield on 10/4/2021) (mml) Transmission to Finance Unit (Cashiers) for processing.
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Filing
208
CONSENT JUDGMENT: ORDERED, ADJUDGED and DECREED: that plaintiff the United States of America is awarded judgment as against the VAC Defendants, jointly and severally, in the amount of eighteen million, three hundred sixty thousand, seven hundred n inety-four dollars ($18,360,794), plus interest accruing annually at a rate of 2.125% from July 9, 2018, to the date of this judgment, as well as post-judgment interest at the rate of 12% per annum compounded daily. Pre-judgment interest calculated to the date of this judgment is $1,051,847.13. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 3/19/2021) (cf)
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Filing
202
OPINION AND ORDER re: 180 MOTION to Dismiss the Amended Complaint. filed by Joseph Shams, M.D., 176 MOTION to Dismiss Amended Complaint. filed by Albert Matalon, M.D., Robert Matalon, M.D., Daniel Matalon, M.D. For th e foregoing reasons, Defendants' motions to dismiss the Complaint are GRANTED. The Complaint is dismissed with prejudice. The Clerk of Court is respectfully directed to close Docket Nos. 176 and 180, and close the case. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 9/15/2020) (cf) Transmission to Orders and Judgments Clerk for processing.
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