Stevens v. AtriCure, Inc. et al
| Joel Stevens and John Doe |
| AtriCure, Inc., St. Helena Hospital and Adventist Health |
| United States of America |
| 1:2022cv00284 |
| May 24, 2022 |
| US District Court for the Southern District of Ohio |
| Michael R Barrett |
| Susan J Dlott |
| Qui Tam (31 U.S.C. 3729(a)) |
| 31 U.S.C. § 3730 Qui Tam False Claims Act |
| Plaintiff |
Docket Report
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| Filing 88 AMENDED COMPLAINT Fourth against All Defendants, filed by Joel Stevens. (Myers, Kelly) |
Notation Order: This matter is before the Court on #87 Relator's Unopposed Motion for Leave To Amend and Joint Motion for Schedule to File Responsive Pleadings. For good cause shown, and the reasons stated therein, it is hereby ORDERED that #87 Relator's Motion for Leave To Amend and Joint Motion for Schedule to File Responsive Pleadings is GRANTED; Relator shall file the proposed Fourth Amended Complaint within seven (7) days of the date of issuance of this Order; Defendants' deadline to file responsive pleadings is August 17, 2022; if Defendant(s) file a motion to dismiss, then Relator shall file his opposition papers by September 28, 2022; and, Defendant(s)' reply, if any, shall be filed by October 26, 2022. Signed by Judge Michael R. Barrett on 7/6/2022. (kkz)
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| Filing 87 Unopposed MOTION for Leave to File by Plaintiff Joel Stevens. (Attachments: #1 Proposed Fourth Amended Complaint, #2 Text of Proposed Order) (Myers, Kelly). Added MOTION for Extension of Time to File Response/Reply on 7/1/2022 (kl). |
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Notation Order: This matter is before the Court on #86 Defendant AtriCure, Inc.'s Consent Motion to Extend Deadline for Filing Responsive Pleadings. It is hereby ORDERED that the #86 Motion to Extend Deadline is GRANTED; Defendants' responsive pleading deadline is STAYED; and the parties shall have up to and including 7/1/2022 to file a joint proposed briefing schedule. Signed by Judge Michael R. Barrett on 6/22/2022. (kkz)
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| Filing 86 Consent MOTION for Extension of Time to File New date requested 7/1/2022. AtriCure's Consent Motion to Extend Deadline for Filing Responsive Pleadings by Defendant AtriCure, Inc.. (Attachments: #1 Text of Proposed Order) (Sayre, Russell) |
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Notation Order: This matter is before the Court on the #85 Motion to Confirm Substitution of Counsel for Adventist and St. Helena filed by Defendants Adventist Health and St. Helena Hospital. It is hereby ORDERED that the #85 Motion to Confirm is GRANTED, and the Clerk shall SUBSTITUTE Michael J. Bronson as trial attorney for Defendants Adventist Health and St. Helena and REMOVE Daniel Adams as counsel of record for Defendants Adventist Health and St. Helena in this matter. Signed by Judge Michael R. Barrett on 6/8/2022.(kkz)
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| Filing 85 MOTION to Substitute Attorney by Defendants Adventist Health, St. Helena Hospital. (Bronson, Michael) |
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NOTATION ORDER granting #80 Motion for Leave to Appear Pro Hac Vice of Brandon J. Moss as Co-Counsel; granting #81 Motion for Leave to Appear Pro Hac Vice of Ralph J. Caccia as Co-Counsel; granting #82 Motion for Leave to Appear Pro Hac Vice of Enbar Toledano as Co-Counsel ; granting #84 Motion for Leave to Appear Pro Hac Vice of Ross B. Brooks as Co-Counsel. Co-Counsels are directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Stephanie K. Bowman on 6/2/2022. (eh)
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| Filing 84 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8890650) of Ross B. Brooks by Plaintiff Joel Stevens. (Attachments: #1 Certificate of Good Standing) (Myers, Kelly) |
| Filing 83 NOTICE of Appearance by Kelly Mulloy Myers for Plaintiff Joel Stevens (Myers, Kelly) |
| Filing 82 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8889499) of Enbar Toledano by Defendant AtriCure, Inc.. (Attachments: #1 Certificate of Good Standing) (Sayre, Russell) |
| Filing 81 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8889477) of Ralph J. Caccia by Defendant AtriCure, Inc.. (Attachments: #1 Certificate of Good Standing) (Sayre, Russell) |
| Filing 80 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8889463) of Brandon J. Moss by Defendant AtriCure, Inc.. (Attachments: #1 Certificate of Good Standing) (Sayre, Russell) |
| Filing 79 NOTICE of Appearance by Ralph William Kohnen for Defendant AtriCure, Inc. (Kohnen, Ralph) |
| Filing 78 NOTICE of Appearance by Russell S Sayre for Defendant AtriCure, Inc. (Sayre, Russell) |
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NOTATION ORDER granting #75 Motion for Leave to Appear Pro Hac Vice of Catherine A. Rizzoni as Co-Counsel; granting #76 Motion for Leave to Appear Pro Hac Vice of Amy Hargreaves as Co-Counsel; granting #77 Motion for Leave to Appear Pro Hac Vice of Jason M. Ohta as Co-Counsel. Co-Counsels are directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Stephanie K. Bowman on 5/31/2022. (eh)
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| Filing 77 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8886066) of Jason M. Ohta by Defendants Adventist Health, St. Helena Hospital. (Attachments: #1 Exhibit A, Certificate of Good Standing) (Bronson, Michael) |
| Filing 76 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8886057) of Amy Hargreaves by Defendants Adventist Health, St. Helena Hospital. (Attachments: #1 Exhibit A, Certificate of Good Standing) (Bronson, Michael) |
| Filing 75 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8886048) of Catherine A. Rizzoni by Defendants Adventist Health, St. Helena Hospital. (Attachments: #1 Exhibit A, Certificate of Good Standing) (Bronson, Michael) |
| Filing 74 NOTICE of Appearance by Michael Ferrara for Defendants Adventist Health, St. Helena Hospital (Ferrara, Michael) |
| Filing 73 NOTICE of Appearance by Chelsea Jean Chalk for Defendants Adventist Health, St. Helena Hospital (Chalk, Chelsea) |
| Filing 72 NOTICE of Appearance by Michael J Bronson for Defendants Adventist Health, St. Helena Hospital (Bronson, Michael) |
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Filing 71
ORDER - The above-captioned matter is hereby TRANSFERRED from the docket of TheHonorable Susan J. Dlott to the Clerk of this Court for reassignment. Case reassigned to Judge Michael R. Barrett for all further proceedings. Judge Susan J. Dlott no longer assigned to case. Signed by Judge Susan J. Dlott on 05/25/2022. (bjc)
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| Filing 70 Notice by Clerk of Southern District of Ohio of Pro Hac Vice Rules as to Attorneys Charles H. Rabon, Jr., James Avery Roberts, III, Matthew D. Quinn, Ross Brooks, Sally Blinken, Brandon Jacob Moss, Brian S. Cromwell, Eric Altman Frick, Ralph J. Caccia, and Daniel DeCederfelt Adams. (eh) |
| Filing 70 Case transferred in from District of North Carolina Western; Case Number 3:17-cv-00010. Original file electronic copy of transfer order and docket sheet received. |
| NOTICE If case is to be referred, it will be Magistrate Judge Stephanie Bowman (pb) |
| Case transferred in from District of USDC Western District of North Carolina; Case Number 3:17-cv-010. Original file with documents numbered 1-69, electronic copy of transfer order and docket sheet received.. (pb) |
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Filing 69
Order Affirming Decision of the Magistrate Judge re: #66 Appeal of Magistrate Judge Decision to District Court. The Clerk shall transfer this action to the United States District Court for the Southern District of Ohio. Signed by District Judge Max O. Cogburn, Jr on 12/7/2021. (ams) [Transferred from North Carolina Western on 5/24/2022.]
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| Case electronically transferred to Southern District of Ohio. Original electronic file and docket sheet sent. (ams) [Transferred from North Carolina Western on 5/24/2022.] |
| Filing 68 MEMORANDUM/BRIEF In Opposition by AtriCure, Inc. re: #66 Appeal of Magistrate Judge Decision to District Court (Cromwell, Brian) [Transferred from North Carolina Western on 5/24/2022.] |
| Set/Reset Deadlines: Responses to #66 Appeal due by 11/10/2021. (ams) [Transferred from North Carolina Western on 5/24/2022.] |
| Filing 67 DECLARATION of Ross B. Brooks re #66 Appeal of Magistrate Judge Decision to District Court filed by Joel Stevens (Rabon, Charles) [Transferred from North Carolina Western on 5/24/2022.] |
| Filing 66 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Joel Stevens re #65 Order on Motion to Change Venue,, (Rabon, Charles) [Transferred from North Carolina Western on 5/24/2022.] |
| Case closed in error and reinstated to active status. [Transferred from North Carolina Western on 5/24/2022.] |
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Filing 65
MEMORANDUM AND ORDER granting #53 Motion to Change Venue; the Clerk is directed to hold the file in this case until fourteen days after service of this Memorandum and Order when the parties' right of appeal to the Honorable Max O. Cogburn, Jr. expires; if no party appeals this Order, then the Clerk is directed to transfer this case to the United States District Court for the Southern District of Ohio. Signed by Magistrate Judge David S. Cayer on 10/12/2021. (mek) [Transferred from North Carolina Western on 5/24/2022.]
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| Filing 64 REPLY to Response to Motion re #53 MOTION to Change Venue by AtriCure, Inc.. (Cromwell, Brian) [Transferred from North Carolina Western on 5/24/2022.] |
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TEXT-ONLY ORDER granting #61 Consent MOTION to Seal Document #60 Memorandum in Opposition to Motion, Exhibit F to Relator's Declaration. So Ordered. Entered by Magistrate Judge David S. Cayer on 10/2/2021. (DLG) [Transferred from North Carolina Western on 5/24/2022.]
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| Filing 63 Sealed Document (Sealed - Attorney): Exhibit F to Relator's Declaration re: #61 Consent MOTION to Seal Document #60 Memorandum in Opposition to Motion, Exhibit F to Relator's Declaration, #60 Memorandum in Opposition to Motion, by Stevens, Joel; (available to Adventist Health, AtriCure, Inc., St. Helena Hospital, Joel Stevens, United States of America) (Rabon, Charles) [Transferred from North Carolina Western on 5/24/2022.] |
| Filing 62 MEMORANDUM in Support re #61 Consent MOTION to Seal Document #60 Memorandum in Opposition to Motion, Exhibit F to Relator's Declaration by Joel Stevens. (Rabon, Charles) [Transferred from North Carolina Western on 5/24/2022.] |
| Filing 61 Consent MOTION to Seal Document #60 Memorandum in Opposition to Motion, Exhibit F to Relator's Declaration by Joel Stevens. Responses due by 10/15/2021 (Rabon, Charles). Motions referred to David S. Cayer. [Transferred from North Carolina Western on 5/24/2022.] |
| Filing 60 MEMORANDUM in Opposition re #53 MOTION to Change Venue by Joel Stevens. Replies due by 10/8/2021 (Attachments: #1 Exhibit 1 - Declaration of Relator Joel Stevens, #2 Exhibit 2 - Declaration of Matthew Quinn)(Rabon, Charles) [Transferred from North Carolina Western on 5/24/2022.] |
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TEXT-ONLY ORDER granting #55 Motion to Stay Deadline to Answer Third Amended Complaint. Following the Court's ruling on Defendant's Motion to Transfer Venue, Defendant shall answer Third Amended Complaint. If transfer is granted, Answer shall be due thirty days from transfer. If transfer is denied, Defendant shall answer within thirty two days from the Order (the remaining portion of Defendant's initial sixty days to respond). So Ordered. Entered by Magistrate Judge David S. Cayer on 9/16/2021. (DLG) [Transferred from North Carolina Western on 5/24/2022.]
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| Filing 59 REPLY to Response to Motion re #55 MOTION to Stay by AtriCure, Inc.. (Cromwell, Brian) [Transferred from North Carolina Western on 5/24/2022.] |
| Filing 58 Consent MOTION for Extension of Time to File Response/Reply re: #53 MOTION to Change Venue by Joel Stevens. Responses due by 9/24/2021 (Attachments: #1 Proposed Order) (Rabon, Charles). Motions referred to David S. Cayer. [Transferred from North Carolina Western on 5/24/2022.] |
| Filing 57 RESPONSE to Motion re #55 MOTION to Stay by Joel Stevens. Replies due by 9/17/2021 (Rabon, Charles) [Transferred from North Carolina Western on 5/24/2022.] |
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TEXT-ONLY ORDER granting #58 Consent MOTION for Extension of Time to File Response/Reply re: #53 MOTION to Change Venue. Responses due by 10/1/2021. So Ordered. Entered by Magistrate Judge David S. Cayer on 9/10/2021. (DLG) [Transferred from North Carolina Western on 5/24/2022.]
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| Filing 56 MEMORANDUM in Support re #55 MOTION to Stay by AtriCure, Inc.. (Cromwell, Brian) [Transferred from North Carolina Western on 5/24/2022.] |
| Filing 55 MOTION to Stay by AtriCure, Inc.. Responses due by 9/17/2021 (Cromwell, Brian). Motions referred to David S. Cayer. [Transferred from North Carolina Western on 5/24/2022.] |
| Filing 54 MEMORANDUM in Support re #53 MOTION to Change Venue by AtriCure, Inc.. (Attachments: #1 Exhibit A - Decl. of Carrel)(Cromwell, Brian) [Transferred from North Carolina Western on 5/24/2022.] |
| Filing 53 MOTION to Change Venue by AtriCure, Inc.. Responses due by 9/17/2021 (Cromwell, Brian). Motions referred to David S. Cayer. [Transferred from North Carolina Western on 5/24/2022.] |
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Filing 52
ORDER granting #50 Motion for Extension of Time to Answer Defendants shall have through and including October 5, 2021, in which to answer or otherwise plead. Signed by District Judge Max O. Cogburn, Jr on 8/9/2021. (ams) [Transferred from North Carolina Western on 5/24/2022.]
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| Filing 51 AMENDED COMPLAINT (Third) with Jury Demand against All Defendants, filed by John Doe.(Quinn, Matthew) [Transferred from North Carolina Western on 5/24/2022.] |
| Filing 50 NOTICE of Consent to the Filing of Third Amended Complaint and Joint Motion for Extension of Time to Respond Thereto by John Doe (Attachments: #1 Proposed Order)(Quinn, Matthew) Modified to change event to a Motion on 8/9/2021 (ams). [Transferred from North Carolina Western on 5/24/2022.] |
| Filing 49 NOTICE of Change in Case Caption Under Rule 17 by John Doe (Quinn, Matthew) [Transferred from North Carolina Western on 5/24/2022.] |
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Filing 48
ORDER granting #46 Motion for Leave to Appear Pro Hac Vice added Ross Brooks for John Doe; granting #47 Motion for Leave to Appear Pro Hac Vice added Sally Blinken for John Doe (Pro Hac Vice Attorneys served via NEF). Signed by Magistrate Judge David S. Cayer on 7/14/2021. (mek) [Transferred from North Carolina Western on 5/24/2022.]
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| Notice to Ross Brooks: Pursuant to Local Rule 83.1 you are required to Register for ECF Account #Application Link. (Attorney served via NEF) Deadline by 7/21/2021. (mek) [Transferred from North Carolina Western on 5/24/2022.] |
| Notice to Sally Blinken: Pursuant to Local Rule 83.1 you are required to Register for ECF Account #Application Link. (Attorney served via NEF) Deadline by 7/21/2021. (mek) [Transferred from North Carolina Western on 5/24/2022.] |
| Filing 47 MOTION for Leave to Appear Pro Hac Vice as to Sally Blinken Filing fee $ 288, receipt number 0419-5115780. by John Doe. (Rabon, Charles). Motions referred to David S. Cayer. [Transferred from North Carolina Western on 5/24/2022.] |
| Filing 46 MOTION for Leave to Appear Pro Hac Vice as to Ross Brooks Filing fee $ 288, receipt number 0419-5115772. by John Doe. (Rabon, Charles). Motions referred to David S. Cayer. [Transferred from North Carolina Western on 5/24/2022.] |
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Filing 45
ORDER granting #43 Motion for Leave to Appear Pro Hac Vice added Ralph J. Caccia for AtriCure, Inc. and granting #44 Motion for Leave to Appear Pro Hac Vice added Brandon J. Moss for AtriCure, Inc. (Pro Hac Vice Attorneys served via NEF). Signed by Magistrate Judge David S. Cayer on 7/13/2021. (mek) [Transferred from North Carolina Western on 5/24/2022.]
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| Notice to Brandon J. Moss: Pursuant to Local Rule 83.1 you are required to Register for ECF Account #Application Link. (Attorney served via NEF) Deadline by 7/20/2021. (mek) [Transferred from North Carolina Western on 5/24/2022.] |
| Notice to Ralph J. Caccia: Pursuant to Local Rule 83.1 you are required to Register for ECF Account #Application Link. (Attorney served via NEF) Deadline by 7/20/2021. (mek) [Transferred from North Carolina Western on 5/24/2022.] |
| Filing 44 MOTION for Leave to Appear Pro Hac Vice as to Brandon J. Moss Filing fee $ 288, receipt number 0419-5113788. by AtriCure, Inc.. (Cromwell, Brian). Motions referred to David S. Cayer. [Transferred from North Carolina Western on 5/24/2022.] |
| Filing 43 MOTION for Leave to Appear Pro Hac Vice as to Ralph J. Caccia Filing fee $ 288, receipt number 0419-5113783. by AtriCure, Inc.. (Cromwell, Brian). Motions referred to David S. Cayer. [Transferred from North Carolina Western on 5/24/2022.] |
| Filing 42 Corporate Disclosure Statement by St. Helena Hospital (Adams, Daniel) [Transferred from North Carolina Western on 5/24/2022.] |
| Filing 41 Corporate Disclosure Statement by Adventist Health (Adams, Daniel) [Transferred from North Carolina Western on 5/24/2022.] |
| Filing 40 NOTICE of Appearance by Daniel DeCederfelt Adams on behalf of Adventist Health, St. Helena Hospital (Adams, Daniel) [Transferred from North Carolina Western on 5/24/2022.] |
| Filing 39 Notice of Substitution of Counsel by James B. Gatehouse on behalf of United States of America, Attorney Katherine Tenfelde Armstrong terminated. (Gatehouse, James) [Transferred from North Carolina Western on 5/24/2022.] |
| Case reassigned to District Judge Max O. Cogburn, Jr. Chief Judge Frank D. Whitney no longer assigned to the case due to conflict. This is your only notice - you will not receive a separate document.(thh) [Transferred from North Carolina Western on 5/24/2022.] |
| Filing 38 NOTICE of Appearance by Eric Altman Frick on behalf of AtriCure, Inc. (Frick, Eric) [Transferred from North Carolina Western on 5/24/2022.] |
| Filing 37 NOTICE of Appearance by Brian S. Cromwell on behalf of AtriCure, Inc. (Cromwell, Brian) [Transferred from North Carolina Western on 5/24/2022.] |
| Filing 36 NOTICE of Appearance by Matthew D. Quinn on behalf of John Doe (Quinn, Matthew) [Transferred from North Carolina Western on 5/24/2022.] |
| Filing 35 NOTICE of Appearance by James Avery Roberts, III on behalf of John Doe (Roberts, James) [Transferred from North Carolina Western on 5/24/2022.] |
| Filing 34 WAIVER OF SERVICE Returned Executed by John Doe. St. Helena Hospital waiver sent on 6/10/2021, answer due 8/9/2021. (Rabon, Charles) [Transferred from North Carolina Western on 5/24/2022.] |
| Filing 33 WAIVER OF SERVICE Returned Executed by John Doe. Adventist Health waiver sent on 6/10/2021, answer due 8/9/2021. (Rabon, Charles) [Transferred from North Carolina Western on 5/24/2022.] |
| Filing 32 WAIVER OF SERVICE Returned Executed by John Doe. AtriCure, Inc. waiver sent on 6/10/2021, answer due 8/9/2021. (Rabon, Charles) [Transferred from North Carolina Western on 5/24/2022.] |
| Filing 31 Summons Issued Electronically as to Adventist Health, AtriCure, Inc., St. Helena Hospital. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (Attachments: #1 Summons, #2 Summons)(eef) [Transferred from North Carolina Western on 5/24/2022.] |
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Filing 30
ORDER granting #29 Motion to Unseal Case. The Complaint (Doc. No. 1) the Amended Complaint (Doc. No. 24), the Second Amended Complaint (Doc. No. 28), the Governments Notice of Election to Decline Intervention and Motion to Unseal Complaint (Doc. No. 29), and this Order be unsealed;2. All other current papers on file with the Court in this action remain under seal and will not be made public or served upon the Defendants. In accordance with the terms of the Maryland False Health Claims Act, Md. Code Ann., Health Gen, 2-604 (a)(7), the State of Maryland having declined to intervene in this matter, all claims asserted on behalf of Maryland are hereby dismissed without prejudice. Signed by District Judge Frank D. Whitney on 3/17/21. (clc) [Transferred from North Carolina Western on 5/24/2022.]
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| Filing 29 NOTICE of Election to Decline Intervention and Motion to Unseal Complaint by United States of America (Attachments: #1 Proposed Order)(Armstrong, Katherine) Modified on 3/17/2021 (clc). [Transferred from North Carolina Western on 5/24/2022.] |
| Filing 28 SECOND AMENDED COMPLAINT with Jury Demand against Adventist Health, AtriCure, Inc., St. Helena Hospital, filed by John Doe.(mga) [Transferred from North Carolina Western on 5/24/2022.] |
| Filing 24 AMENDED COMPLAINT with Jury Demand against Adventist Health, AtriCure, Inc., St. Helena Hospital, filed by John Doe.(clc) [Transferred from North Carolina Western on 5/24/2022.] |
| Filing 18 NOTICE of Change of Address by Charles H. Rabon, Jr (Attachments: #1 Cover Letter, #2 Envelope)(brj) [Transferred from North Carolina Western on 5/24/2022.] |
| Filing 1 COMPLAINT against Adventist Health, Atricure, Inc., St. Helena Hospital ( Filing fee $ 400 receipt number CHD040053), filed by John Doe.(jlk) Modified filed date on 1/11/2017 (rth). [Transferred from North Carolina Western on 5/24/2022.] |
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