United States of America v. Daniels et al
United States of America |
Ricky J. Daniels, Jr. and ELPSS Career Institute LLC |
6:2020cv00986 |
October 19, 2020 |
US District Court for the Western District of Texas |
Alan D Albright |
Jeffrey C Manske |
Other Statutes: False Claims Act |
31 U.S.C. § 3729 False Claims Act |
Defendant |
Docket Report
This docket was last retrieved on March 21, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 64 Response in Opposition to Motion, filed by United States of America, re #61 MOTION to Amend Judgment filed by Defendant Ricky J. Daniels, Jr. (Parnham, Thomas) |
Filing 63 REPLY to Response to Motion, filed by United States of America, re #60 Opposed MOTION for Costs filed by Plaintiff United States of America (Parnham, Thomas) |
Filing 62 Objections (Daniels Opposes Plaintiffs Motion for Cost ECF 58 ECF 60) to #58 Bill of Costs, #60 Opposed MOTION for Costs by Ricky J. Daniels, Jr. (zv) |
Filing 61 MOTION to Alter/Amend Judgment by Ricky J. Daniels, Jr. (Attachments: #1 Exhibit 1)(lad) |
Filing 60 Opposed MOTION for Costs by United States of America. (Attachments: #1 Exhibit 1)(Parnham, Thomas) |
Text Order MOOTING #8 Motion to Dismiss for Failure to State a Claim entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (NMlc) |
Filing 59 FINAL JUDGMENT in favor of Plaintiff. Signed by Judge Alan D Albright. (lad) |
Filing 58 BILL OF COSTS by United States of America. (Attachments: #1 Supplement - Itemization of Costs, #2 Invoices)(Parnham, Thomas) |
Filing 57 ORDER ADOPTING REPORT AND RECOMMENDATIONS for #43 Report and ecommendations. IT IS FURTHER ORDERED that Defendants objections are OVERRULED. IT IS FURTHER ORDERED that Plaintiffs Motion for Summary Judgment (ECF No. 34) is GRANTED IN PART as to Plaintiffs False Claims Act claims and DENIED IN PARTAS MOOT as to Plaintiffs unjust enrichment and payment by mistake claims.IT IS FURTHER ORDERED that Plaintiff be awarded damages of $9,024,886.99.IT IS FURTHER ORDERED that Defendants Motion for Summary Judgment (ECF No.35) is DENIED. IT IS FURTHER ORDERED that Defendants Motion to Disqualify Opposing Counsel Thomas A. Parnham Jr. and Non-Retained Experts VA Employees OIG Special Agent Daniel Taylor and Michelle Nelson and Michael Marks (ECF No. 45) is DENIED. IT IS FURTHER ORDERED that Defendants Motion for Sanctions for Spoliation of Evidence (ECF No. 50) is DENIED. IT IS FINALLY ORDERED that Plaintiffs Motion for Leave to File Notice of Supplemental Authority #55 is DENIED AS MOOT. Signed by Judge Alan D Albright. (sm3) |
Filing 56 Response in Opposition to Motion, filed by Ricky J. Daniels, Jr, re #55 Opposed MOTION for Leave to File Notice of Supplemental Authority filed by Plaintiff United States of America. (zv) (Additional attachment(s) added on 11/28/2022: #1 Exhibit A) (zv). |
Filing 55 Opposed MOTION for Leave to File Notice of Supplemental Authority by United States of America. (Attachments: #1 Notice of Supplemental Authority, #2 Proposed Order)(Parnham, Thomas) |
Filing 54 NOTICE of Change of Address by Ricky J. Daniels, Jr (sm3) |
Filing 53 REPLY to Response to Motion, filed by Ricky J. Daniels, Jr, re #50 MOTION for Sanctions filed by Defendant Ricky J. Daniels, Jr. (Attachments: #1 Declaration in support, #2 Exhibit 1 to Declaration)(lad) |
Filing 52 Response in Opposition to Motion, filed by United States of America, re #50 MOTION for Sanctions filed by Defendant Ricky J. Daniels, Jr. (Attachments: #1 Exhibit 1)(Parnham, Thomas) |
Filing 51 REPLY to #46 Response to #44 Objections to #43 Report and Recommendations, by Ricky J. Daniels, Jr. (lad) |
Filing 50 MOTION for Sanctions for Spoliation of Evidence by Ricky J. Daniels, Jr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(lad) |
Filing 49 REPLY to Response to Motion, filed by Ricky J. Daniels, Jr, re #45 MOTION to Disqualify Counsel filed by Defendant Ricky J. Daniels, Jr. (lad) |
Filing 48 DEMAND for Trial by Jury by Ricky J. Daniels, Jr. (lad) |
Filing 47 Response in Opposition to Motion, filed by United States of America, re #45 MOTION to Disqualify Counsel filed by Defendant Ricky J. Daniels, Jr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Parnham, Thomas) |
Filing 46 RESPONSE to #44 Objection to Report and Recommendations by United States of America. (Parnham, Thomas) |
Filing 45 MOTION to Disqualify Counsel and non-Retained Experts by Ricky J. Daniels, Jr. (lad) (Additional attachment(s) added on 8/29/2022: #1 Civil Rights Complaint re Michelle Nelson, #2 Amended Civil RIghts Complaint) (lad). |
Filing 44 OBJECTION to #43 Report and Recommendations by Ricky J. Daniels, Jr.. (Attachments: #1 Exhibit RR, #2 Exhibit SS, #3 Exhibit TT)(lad) (Main Document 44 replaced on 8/25/2022) (lad). |
CASE NO LONGER REFERRED to Magistrate Judge Jeffrey C. Manske. (lad) |
Filing 43 REPORT AND RECOMMENDATIONS re #35 Motion for Summary Judgment,, filed by Ricky J. Daniels, Jr., ELPSS Career Institute LLC, #34 Motion for Summary Judgment, filed by United States of America. Signed by Judge Jeffrey C. Manske. (lad) |
Parties shall comply with Judge Albright's updated #standing orders and # COVID-19 standing order available by clicking the included hyperlinks. The updated orders are as follows:1. #Standing Order Regarding Notice of Readiness for Patent Cases 030722,2. #Standing Order on Pretrial Procedures and Requirements in Civil Cases 030722,3. #Standing Order Governing Proceedings 4.0 - Patent Cases 030722,4. #Amended Standing Order Regarding Coronavirus (COVID-19) and Court Proceedings,5. #Amended Standing Order Regarding Joint Or Unopposed Request To Change Deadlines 030722,6. #Amended Standing Order Regarding Filing Documents Under Seal and Redacted Public Versions 030722. (jkda) |
MOTION REFERRED: referred #8 Motion to Dismiss for Failure to State a Claim, #35 MOTION for Summary Judgment, #34 MOTION for Summary Judgment . Motions not referred until this date due to clerical error. Referral Judge: Jeffrey C. Manske. (jgb) |
Filing 42 ORDER CANCELLING FINAL PRETRIAL CONFERENCE. Signed by Judge Alan D Albright. (ir) |
Filing 41 ORDER GRANTING #40 Motion to Stay. Signed by Judge Alan D Albright. (ir) |
Filing 40 Opposed MOTION to Stay All Pretrial Deadlines and Remove Case from January Trial Setting by United States of America. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Parnham, Thomas) |
Filing 39 REPLY to Response to Motion, filed by Ricky J. Daniels, Jr, re #35 MOTION for Summary Judgment filed by Defendant Ricky J. Daniels, Jr., Defendant ELPSS Career Institute LLC (Attachments: #1 Exhibit OO, #2 Exhibit PP, #3 Exhibit QQ)(lad) |
Filing 38 REPLY to Response to Motion, filed by United States of America, re #34 MOTION for Summary Judgment filed by Plaintiff United States of America (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Additional Excerpts from Victor Phillips Deposition Transcript)(Parnham, Thomas) |
NOTICE of Deletion re #38 Reply to Response to Motion. A docket entry was deleted due to it being a duplicate copy of Docket Entry #38. (jc5) |
Filing 36 Response in Opposition to Motion, filed by United States of America, re #35 MOTION for Summary Judgment filed by Defendant Ricky J. Daniels, Jr., Defendant ELPSS Career Institute LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Declaration of Daniel Taylor)(Parnham, Thomas) |
Filing 37 Response in Opposition to Motion, filed by Ricky J. Daniels, Jr, re #34 MOTION for Summary Judgment by United States of America. (Attachments: #1 Table of Contents, #2 Exhibit GG, #3 Exhibit HH, #4 Exhibit II, #5 Exhibit JJ, #6 Exhibit KK, #7 Exhibit LL, #8 Exhibit MM, #9 Exhibit NN, #10 Declaration)(lad) |
Filing 35 Defendants' Cross MOTION for Summary Judgment by Ricky J. Daniels, Jr, ELPSS Career Institute LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit M, #13 Exhibit N, #14 Exhibit O, #15 Exhibit P, #16 Exhibit Q, #17 Exhibit R, #18 Exhibit T, #19 Exhibit U, #20 Exhibit V, #21 Exhibit W, #22 Exhibit X, #23 Exhibit Y, #24 Exhibit Z, #25 Exhibit AA, #26 Exhibit BB, #27 Exhibit CC, #28 Exhibit DD, #29 Exhibit EE, #30 Exhibit FF, #31 Declaration in Support)(Clerk confirmed that no exhibits L or S were intended)(lad) |
Filing 34 MOTION for Summary Judgment by United States of America. (Attachments: #1 Victor Phillips Deposition Transcript Excerpts, #2 Ricky Daniels Deposition Transcript Excerpts, #3 Exhibit 1 to Daniels Deposition, #4 Exhibit 2 to Daniels Deposition, #5 Exhibit 3 to Daniels Deposition, #6 Exhibit 4 to Daniels Deposition, #7 Exhibit 6 to Daniels Deposition, #8 Exhibit 7 to Daniels Deposition, #9 Exhibit 8 to Daniels Deposition, #10 Exhibit 9 to Daniels Deposition, #11 Exhibit 23 to Daniels Deposition, #12 Declaration of Michelle Nelson, #13 Exhibit A to Nelson Declaration, #14 Exhibit B to Nelson Declaration, #15 Exhibit C to Nelson Declaration, #16 Exhibit D to Nelson Declaration, #17 Exhibit E to Nelson Declaration, #18 Exhibit F to Nelson Declaration, #19 Exhibit G to Nelson Declaration, #20 Exhibit H to Nelson Declaration, #21 Declaration of Michael Marks, #22 Exhibit A to Marks Declaration, #23 Exhibit B to Marks Declaration)(Parnham, Thomas) |
Reset Deadlines: Dispositive Motions due by 9/10/2021 (lad) |
Text Order GRANTING #33 Motion to Extend Scheduling Order Deadlines entered by Judge Jeffrey C. Manske. It is hereby ORDERED that the parties shall file and serve any dispositive motions in this case on or before September 10, 2021. No other deadline or provision of the Court's Scheduling Order (ECF No. 25) shall be affected by this Order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kg) |
Filing 33 Consent MOTION to Extend Scheduling Order Deadlines by United States of America. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Parnham, Thomas) |
Filing 32 Minute Entry for proceedings held before Judge Jeffrey C. Manske: Telephone Conference held on 6/22/2021. CASE CALLED FOR TELEPHONE CONFERENCE - ALL PARTIES PRESENT. (Minute entry documents are not available electronically.) (Court Reporter FTR.)(ab4) |
Filing 31 Telephone Conference set for 6/22/2021 01:30 PM before Judge Jeffrey C. Manske. Signed by Judge Jeffrey C. Manske. (ab4) (lad). |
Filing 30 NON-CONSENT to Trial by US Magistrate Judge by United States of America. (Parnham, Thomas) |
Filing 29 NON-CONSENT to Trial by US Magistrate Judge by Ricky J. Daniels, Jr, ELPSS Career Institute LLC. (lad) |
Filing 28 STIPULATION Regarding Remote Depositions by United States of America. (Parnham, Thomas) |
Filing 27 RESPONSE to #26 Objection to Report and Recommendations by United States of America. (Parnham, Thomas) |
Filing 26 OBJECTION to #22 Report and Recommendations by Ricky J. Daniels, Jr.. (lad) |
Filing 25 SCHEDULING ORDER:Amended Pleadings/Joinder of Parties due by 4/30/2021. Consent to Trial by Magistrate due by 6/18/2021. Dispositive Motions due by 8/27/2021. Pretrial Conference set for 12/22/2021 09:30 AM before Judge Alan D Albright. Jury Selection/Trial set for 1/3/2022 09:00AM before Judge Alan D Albright. Signed by Judge Jeffrey C. Manske. (bw) |
Filing 24 ORDER SETTING TELEPHONIC CONFERENCE, Set Motion Hearing for #21 MOTION for Pretrial Conference Before Magistrate Judge Jeffrey C. Manske ( Motion Hearing set for 4/26/2021 01:30 PM before Judge Jeffrey C. Manske). Signed by Judge Jeffrey C. Manske. (mg2) |
Filing 23 DOCKET CONTROL ORDER PURSUANT TO RULES 16(b) AND 26(f) re #17 Scheduling Recommendations/Proposed Scheduling Order filed by United States of America. Signed by Judge Jeffrey C. Manske. (mg2) |
Filing 22 REPORT AND RECOMMENDATIONS re #8 Motion to Dismiss for Failure to State a Claim filed by Ricky J. Daniels, Jr., ELPSS Career Institute LLC. Signed by Judge Jeffrey C. Manske. (mg2) |
Filing 21 MOTION for Pretrial Conference Before Magistrate Judge Jeffrey C. Manske by United States of America. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Parnham, Thomas) Modified on 4/16/2021 (lad). |
Filing 20 Confidentiality and Protective Order, GRANTING #15 Motion for Entry. Signed by Judge Jeffrey C. Manske. (lad) |
Filing 19 Sur-reply to Motion, filed by United States of America, re #8 Motion to Dismiss for Failure to State a Claim filed by Defendant Ricky J. Daniels, Jr., Defendant ELPSS Career Institute LLC (lad) |
Text Order DENYING #13 Motion to Stay entered by Judge Jeffrey C. Manske. The Court finds that the requisite good cause to stay this matter has not been established. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kg) |
Text Order GRANTING #11 Motion for Leave to File entered by Judge Jeffrey C. Manske. After considering the arguments, the Court finds that there is good cause to permit the sur-reply. Accordingly, the clerk of court is directed to enter the sur-reply attached to the instant Motion. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kg) |
Filing 18 RESPONSE in Support, filed by Ricky J. Daniels, Jr, ELPSS Career Institute LLC, re #13 MOTION to Stay filed by Defendant Ricky J. Daniels, Jr. (lad) |
Filing 17 Proposed Scheduling Order by United States of America. (Parnham, Thomas) |
Filing 16 Rule 26(f) Discovery Report/Case Management Plan by United States of America. (Parnham, Thomas) |
Filing 15 Opposed MOTION for Entry of Confidentiality and Protective Order by United States of America. (Attachments: #1 Proposed Protective Order). Motions referred to Judge Jeffrey C. Manske. (Parnham, Thomas) |
Filing 14 Response in Opposition to Motion, filed by United States of America, re #13 MOTION to Stay filed by Defendant Ricky J. Daniels, Jr. (Attachments: #1 Proposed Order)(Parnham, Thomas) |
Filing 13 MOTION to Stay by Ricky J. Daniels, Jr.. Motions referred to Judge Jeffrey C. Manske. (am) |
Filing 12 Response in Opposition to Motion, filed by Ricky J. Daniels, Jr, re #11 Opposed MOTION for Leave to File Surreply filed by Plaintiff United States of America (lad) |
Filing 11 Opposed MOTION for Leave to File Surreply by United States of America. (Attachments: #1 Proposed Surreply in Opposition to Motion to Dismiss, #2 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Parnham, Thomas) |
Filing 10 REPLY to #9 Response to #8 Motion to Dismiss for Failure to State a Claim filed by Ricky J. Daniels, Jr, ELPSS Career Institute LLC, (lad) |
Filing 9 Response in Opposition to Motion, filed by United States of America, re #8 Motion to Dismiss for Failure to State a Claim filed by Defendant Ricky J. Daniels, Jr., Defendant ELPSS Career Institute LLC (Parnham, Thomas) |
Filing 8 Motion to Dismiss for Failure to State a Claim by Ricky J. Daniels, Jr, ELPSS Career Institute LLC. (Attachments: #1 Exhibits)(lad) |
Filing 7 SUMMONS Returned Executed by United States of America. ELPSS Career Institute LLC served on 10/28/2020, answer due 11/18/2020. (Parnham, Thomas) |
Filing 6 SUMMONS Returned Executed by United States of America. Ricky J. Daniels, Jr served on 10/28/2020, answer due 11/18/2020. (Parnham, Thomas) |
Filing 5 Second Summons Issued as to ELPSS Career Institute LLC (C/O Carla Daniels). (mc5) |
Filing 4 Summons Issued as to ELPSS Career Institute LLC. (mc5) |
Filing 3 Summons Issued as to Ricky J. Daniels, Jr. (mc5) |
Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by United States of America. (Parnham, Thomas) |
Case assigned to Judge Alan D Albright and REFERRED to Magistrate Judge Jeffrey C. Manske. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE (lad) |
Filing 1 COMPLAINT (Filing fee $ 400.). No Summons requested at this time, filed by United States of America. (Attachments: #1 Civil Cover Sheet)(Parnham, Thomas) (Attachment 1 replaced on 10/19/2020) (lad). |
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