United States of America et al v. Bluewave Healthcare Consultants Inc et al

Plaintiff: United States of America, Scarlett Lutz, Kayla Webster, Chris Riedel and Michael Mayes
Defendant: Bluewave Healthcare Consultants, Inc., Latonya Mallory, Floyd Calhoun Dent, III, Robert Bradford Johnson, Berkeley Heartlab, Inc. and Quest Diagnostics Incorporated
Garnishee: Cadence Bank NA
Movant: Natera, Inc.
Case Number: 9:2014cv00230
Filed: January 27, 2014
Court: South Carolina District Court
Office: Beaufort Office
County: XUS, Outside State
Presiding Judge: Richard M Gergel
Nature of Suit: False Claims Act
Cause of Action: 31:3729
Jury Demanded By: Both

Available Case Documents

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

Date Filed#Document Text
January 12, 2018 830 Opinion or Order of the Court ORDER AND OPINION re the United States' Objections to the BlueWave Defendants' Deposition Designations for the United States' 30(b)(6) witnesses Jennifer Williams and Michael Handrigan. (Dkt. Nos. 801 -1, 803 -1, 817 -1.) The Court has ruled on each Objection as set forth in the Order. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 1/12/2018. (sshe, )
December 4, 2017 795 Opinion or Order of the Court ORDER AND OPINION The Court ACCEPTS the Government's proposed jury instruction 2.9 (Dkt. No. 755 at 12) and DECLINES Defendant's proposed jury instruction number 19 (Dkt. No. 703 at 19). AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 12/4/2017. (sshe, )
December 1, 2017 792 Opinion or Order of the Court ORDER AND OPINION This matter is before the Court on Defendants' Objections to the Government's Deposition Designations for Defendant Robert Bradford Johnson and Defendant Floyd Calhoun Dent, III, and the Government's Objections to Defendants' Counter-Designations. (Dkt. No. 761 .) The Court has ruled on each Objection as set forth in the Order. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 12/1/2017. (sshe, )
November 29, 2017 765 Opinion or Order of the Court MEMORANDUM OPINION DENYING non-parties Kevin Carrier, Erika Guest, Charles Maimone, Kyle Martel, Gil Rabin, Darrin Thomas, and Laura Hoey supplemental motions to quash trial subpoenas (Dkt. Nos. 750 , 751 ). Signed by Honorable Richard M Gergel on 11/29/2017.(sshe, )
November 21, 2017 744 Opinion or Order of the Court ORDER AND OPINION denying non-parties Kevin Carrier, Erika Guest, CharlesMaimone, Kyle Martel, Gil Rabin, Darrin Thomas, Mark White, Augusta Dowd, Linda Flippo, Laura Hoey, and Rex Butler's 719 Motion to Quash; denying 729 Motion to Quash; denying 731 Motion to Quash; denying 737 Motion to Quash as to arguments based on non-compliance with the geographic limitations of Rule 45(d)(3)(A)(ii). Movants may file supplemental motions to quash under Rule 45(d)(3 )(A)(i), 45(d)(3)(A)(iii), 45(d)(3)(A)(iv), or 45(d)(3)(B) by 11:00 a.m. on November 27, 2017. The Court will hear argument on any motions to quash at 11:00 a.m. on November 28, 2017. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 11/21/2017.(sshe, )
November 15, 2017 724 Opinion or Order of the Court ORDER AND OPINION DENYING AS MOOT 717 Government's Motion to Exclude the Testimony of Dennis Padget. No sanction will be imposed. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 11/15/2017.(sshe, )
November 8, 2017 716 Opinion or Order of the Court ORDER AND OPINION denying 677 BlueWave Defendants' Motion to Compel. Details in Order. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 11/8/2017.(sshe, )
October 31, 2017 707 Opinion or Order of the Court ORDER AND OPINION Defendant Mallory's Motion for Summary Judgment (Dkt. No. 498 ) is DENIED. The Government's Motion for Partial Summary Judgment (Dkt.No. 501 ) is GRANTED IN PART with respect to Defendant Mallory's Third, Fourth, and Seventh affirmative defenses and DENIED IN PART with respect to all other claims and defenses. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 10/31/2017.(sshe, )
October 23, 2017 693 Opinion or Order of the Court ORDER AND OPINION The BlueWave Defendants' Motion for Summary Judgment (Dkt. No. 504 ) is GRANTED IN PART with respect to Relator Riedel's Speaker Feeclaims and DENIED IN PART as to all other claims. The Government 's Motion for Partial Summary Judgment (Dkt. No. 501 ) is GRANTED IN PART with respect to Defendants' Fourth, Fifth, Sixth, Seventh (see footnote 8), Tenth, Twelfth, andNineteenth affirmative defenses and DENIED IN PART with respect to all other claims and defenses. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 10/23/2017.(sshe, )
August 29, 2017 634 Opinion or Order of the Court ORDER AND OPINION granting in part and denying in part 500 Mallory's Motion for Summary Judgment. Latonya Mallory's motion for summary judgment is granted with regard to Lutz and Webster's claims arising under insurance statutes inCalifornia and Illinois. Mallory's motion for summary judgment is denied as to all other claims. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 8/29/2017.(sshe, )
August 25, 2017 613 Opinion or Order of the Court ORDER AND OPINION granting 582 the Government's Motion to Extend the scheduling order to name Mr. Pace. The Government is hereby ordered to work diligently with Defendants to arrange for Mr. Pace's deposition immediately. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 8/24/2017.(sshe, )
August 22, 2017 604 Opinion or Order of the Court ORDER AND OPINION re 406 Defendant Latonya Mallory's MOTION to Compel the Government to respond fully to Mallory's first set of Requests for Production ("RFPs"). The Government is hereby ordered to produce documents to Defendants consistent with this order. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 8/22/2017. (sshe, )
August 9, 2017 575 Opinion or Order of the Court ORDER AND OPINION denying 551 BlueWave Defendants' Motion to Reconsider Signed by Honorable Richard M Gergel on 8/9/2017.(sshe, )
July 24, 2017 550 Opinion or Order of the Court ORDER AND OPINION granting 444 the Government's Motion to Exclude the expert testimony of Jennifer Bolen. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 7/21/2017.(sshe, )
July 12, 2017 527 Opinion or Order of the Court ORDER AND OPINION GRANTING 443 United States' Motion to Exclude Curtis Udell's expert testimony Signed by Honorable Richard M Gergel on 7/11/2017.(sshe, )
June 29, 2017 509 Opinion or Order of the Court ORDER AND OPINION granting 441 the Government's Motion to Exclude the expert testimony of Jessica Schmor. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 6/29/2017.(sshe, )
June 26, 2017 507 Opinion or Order of the Court ORDER AND OPINION granting 442 the Government's Motion to Exclude the expert testimony of Daniel Mulholland, III. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 6/26/2017.(sshe, )
June 19, 2017 494 Opinion or Order of the Court ORDER AND OPINION granting in part and denying in part 406 Motion to Compel. Mallory's motion to compel (Dkt. No. 406 ) is DENIED without prejudice as to RFP Nos. 22. 25, 28, and 29. The motion to compel is GRANTED wi th regard to RFP Nos. 3, 12, 27, 26, and 30. The Government is ordered to produce responsive documents in accordance with this order. Documents responsive to RFP. Nos. 26 and 27 should be submitted to this Court for in camera review by June 30, 2017. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 6/19/2017.(sshe, )
April 28, 2017 434 Opinion or Order of the Court ORDER AND OPINION denying without prejudice 427 Motion for an Order under Rule 16. The Government has named 213 potential witnesses. In fairness to the parties, the Government is hereby ordered to provide a detailed and uni que summary of each potential witness's expected testimony by May 9, 2017. The Government must notify defendants by May 9, 2017 of any witnesses it does not expect to call at trial, and the Government need not complete a summary for those witnesses. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 4/28/2017.(sshe, )
April 27, 2017 428 Opinion or Order of the Court ORDER AND OPINION granting in part and denying in part 351 Dent's Motion to Compel. The Government is hereby ordered to respond to Dent's RFPs in a manner consistent with the Court's findings in this Order. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 4/27/2017.(sshe, )
April 19, 2017 424 Opinion or Order of the Court ORDER AND OPINION denying without prejudice 391 BlueWave Defendants' Motion to Strike the Government's allegedly late-named witnesses. Signed by Honorable Richard M Gergel on 4/19/2017.(sshe, )
April 5, 2017 410 Opinion or Order of the Court ORDER AND OPINION The Government's motion (Dkt. No. 350 ) to compel production of documents by the BlueWave Defendants is GRANTED. The BlueWave Defendants are ordered to produce all documents in their custody and control relating to the communications they received from counsel about the conduct at issue in this case, including information currently in the possession of their former counsel. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 4/5/2017.(sshe, )
March 23, 2017 390 Opinion or Order of the Court ORDER AND OPINION granting in part and denying in part 293 BlueWave's Motion to Dismiss. The motion to dismiss is GRANTED with regard to (1) Riedel's claims in connection with the P&H fees and Unnecessary Tests an d (2) claims under 31 U.S.C. § 3729(a)(l)(G) (retention of proceeds to which not entitled, or reverse false claims). The motion to dismiss is DENIED with regard to (1) the Speakers Bureau kickback scheme; (2) the waiver of co-payments/deductible s kickback scheme; (3) claims under 31 U.S.C. § 3729(a)(1)(B) (making or using false records or statements material to payment or approval of false claims); and (4) claims under 31 U.S.C. § 3729(a)(1)(C) (conspiracy to commit FCA violations). AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 3/23/2017.(sshe, )

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Search for this case: United States of America et al v. Bluewave Healthcare Consultants Inc et al
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Defendant: Bluewave Healthcare Consultants, Inc.
Represented By: Bradley Bruce Banias
Represented By: Morris Dawes Cooke, Jr
Represented By: Joseph P Griffith, Jr
Represented By: Christopher M Kovach
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Defendant: Latonya Mallory
Represented By: Beattie B Ashmore
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Defendant: Floyd Calhoun Dent, III
Represented By: Bradley Bruce Banias
Represented By: Morris Dawes Cooke, Jr
Represented By: Joseph P Griffith, Jr
Represented By: Christopher M Kovach
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Defendant: Robert Bradford Johnson
Represented By: Bradley Bruce Banias
Represented By: Morris Dawes Cooke, Jr
Represented By: Joseph P Griffith, Jr
Represented By: Christopher M Kovach
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Defendant: Berkeley Heartlab, Inc.
Represented By: Brian P Dunphy
Represented By: Hope Schwarz Foster
Represented By: Michael S Gardener
Represented By: Matthew R Hubbell
Represented By: Matthew D Levitt
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Defendant: Quest Diagnostics Incorporated
Represented By: Brian P Dunphy
Represented By: Hope Schwarz Foster
Represented By: Michael S Gardener
Represented By: Matthew R Hubbell
Represented By: Matthew D Levitt
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Plaintiff: United States of America
Represented By: Jennifer J Aldrich
Represented By: Gill Paul Beck, Sr.
Represented By: Donald H. Caldwell, Jr.
Represented By: Mary Chris Dobbie
Represented By: Michael David Granston
Represented By: Patricia Hanower
Represented By: James C Leventis, Jr
Represented By: Michael Edmund Shaheen
Represented By: Elizabeth A Strawn
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Plaintiff: Scarlett Lutz
Represented By: Robert Adams Blake, Jr
Represented By: Pamela Coyle Brecht
Represented By: Michael A Morse
Represented By: Marc S Raspanti
Represented By: Douglas Edwards Roberts
Represented By: William J Tuck
Represented By: James F Wyatt, III
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Plaintiff: Kayla Webster
Represented By: Robert Adams Blake, Jr
Represented By: Pamela Coyle Brecht
Represented By: Michael A Morse
Represented By: Marc S Raspanti
Represented By: Douglas Edwards Roberts
Represented By: William J Tuck
Represented By: James F Wyatt, III
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Plaintiff: Chris Riedel
Represented By: Justin Theodore Berger
Represented By: Steven N. Berk
Represented By: Eric James Buescher
Represented By: John Daniel Kassel
Represented By: Niall P McCarthy
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Plaintiff: Michael Mayes
Represented By: Peter Wilson Chatfield
Represented By: William Alexander Coates
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Garnishee: Cadence Bank NA
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Movant: Natera, Inc.
Represented By: Graham Ross Billings
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