United States of America et al v. Anderson, et al.
| 2:2013cv00035 |
| January 17, 2019 |
| US District Court for the Middle District of Tennessee |
| Cookeville Office |
| Other Statutory Actions |
| 31 U.S.C. ยง 3729 False Claims Act |
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Filing
385
CONSENT JUDGMENT AND PERMANENT INJUNCTION: This action and all claims asserted herein by Relator and the United States are otherwise dismissed with prejudice. Each Party shall bear its own legal and other costs incurred in connection with this matt er. This Order resolves only those claims set forth in the Complaint and does not affect any other civil, criminal, or administrative claims that the United States may have or bring against Florence. The United States District Court for the Mid dle District of Tennessee retains exclusive jurisdiction to enforce or modify this Order, and for the purpose of granting such additional relief as may be necessary or appropriate. Signed by Magistrate Judge Alistair Newbern on 5/16/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs)
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Filing
381
ORDER granting 379 Unopposed MOTION TO ALLOW TESTIMONY OF FACT WITNESS MELISSA COCKRELL BY CONTEMPORANEOUS VIDEOCONFERENCING TRANSMISSION. Signed by Magistrate Judge Alistair Newbern on 4/26/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs)
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Filing
351
ORDER: Counsel shall appear for a telephone conference at noon on December 9, 2021. Counsel shall call (888) 557-8511 and enter access code 7819165# to participate. Signed by Magistrate Judge Alistair Newbern on December 8, 2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(AN)
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Filing
350
ORDER: A telephone hearing on the issues raised by the United States in Docket Entry 349 is set at 10:00 a.m. on December 8, 2021. Counsel shall call (888) 557-8511 and enter access code 7819165# to participate. Signed by Magistrate Judge Alistair Newbern on December 7, 2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(AN)
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Filing
347
ORDER: The trial will not be held on December 7, 2021. Defendant Florence is ORDERED to comply with the daily reporting requirements stated in this order. The Court will convene the trial at the earliest opportunity allowed by COVID-19 safety protocols. Signed by Magistrate Judge Alistair Newbern on December 6, 2021. Signed by Magistrate Judge Alistair Newbern on December 6, 2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(AN)
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Filing
341
MEMORANDUM ORDER: For the reasons stated in this Order, Defendant's proposed Exhibit 3 and Exhibit 4 will not be admitted at trial. Signed by Magistrate Judge Alistair Newbern on December 5, 2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(AN)
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Filing
327
MEMORANDUM ORDER: Following the November 19, 2021 pretrial conference, the Court granted Defendant David Florence the opportunity to address two issues in supplemental briefing: first, whether the United States may offer evidence at trial regardin g the deaths of four of Florence's patients, and second, whether Florence may offer previously undisclosed witnesses and exhibits at trial. The Court will not exclude evidence regarding patient deaths for the reasons argued in Florence' s filing, but will reserve ruling on the evidence's ultimate admissibility until trial. Florence will be prevented from calling any witness at trial who was not disclosed in discovery and may not offer exhibits that were not provided to oppo sing counsel at the pretrial conference unless counsel reach an agreement as to their introduction. Counsel are ordered to meet and confer regarding the remaining exhibits-Exhibits 4, 5, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21, 23, 25, and 16-propos ed by Florence. If counsel are able to reach agreement regarding the admissibility of any of these exhibits, they shall include that agreement in their joint notice to be filed with the production of their exhibit binders by noon on December 3, 202 1 (Doc. No. 320 ). The Court will not be inclined to allow the introduction of any of these exhibits at trial absent agreement of the parties or a showing of good cause by Florence. The Clerk's Office is DIRECTED to terminate Docket Entry 323 . Signed by Magistrate Judge Alistair Newbern on 11/29/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
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Filing
320
MEMORANDUM ORDER: For the reasons stated on the record at the November 19, 2021 pretrial conference, the Court orders as follows: Motions in Limine The United States' second, fourth, and fifth motions in limine (Doc. Nos. 296 , 300 , 302 ) are GRANTED. The Court reserves ruling on the United States first and third motions in limine (Doc. Nos. 294 , 298 ). The parties shall exchange deposition designations by November 22, 2021. The parties shall file brief summaries of their theorie s of the case to be included in the Court's opening jury instructions by noon on December 2, 2021. The parties shall provide their exhibit binders to the Court by noon on December 3, 2021. The deadline to settle and dismiss the case without incurring the cost of summoning the jury is December 3, 2021, at 9:00 a.m. Signed by Magistrate Judge Alistair Newbern on 11/19/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
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Filing
270
MEMORANDUM ORDER: The United States' motion for leave to file a sur-reply (Doc. No. 258 ) is GRANTED, and Florence's motion to compel discovery (Doc. No. 246 ) is DENIED. Signed by Magistrate Judge Alistair Newbern on 9/29/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
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Filing
251
ORDER: The United States' corrected motion for sanctions (Doc. No. 226) is GRANTED. The United States' original motion for sanctions (Doc. No. 218) is FOUND MOOT. Signed by Magistrate Judge Alistair Newbern on March 4, 2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(AN)
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Filing
200
ORDER: The stay imposed by this Court's Administrative Order No. 82-Supplemental was entered at the request of the United States Attorney for the Middle District of Tennessee and "with the intent to avoid any default or prejudice to the Uni ted States or other civil litigants occasioned by the lapse in funding." Because the parties jointly request a waiver of that stay in this case, the Court finds that an exception is warranted and not inconsistent with the Order's goals. The motion is therefore GRANTED. Signed by Magistrate Judge Alistair Newbern on January 17, 2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(AN)
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