United States of America v. Daniels et al
Plaintiff: United States of America
Defendant: Ricky J. Daniels, Jr. and ELPSS Career Institute LLC
Case Number: 6:2020cv00986
Filed: October 19, 2020
Court: US District Court for the Western District of Texas
Presiding Judge: Alan D Albright
Referring Judge: Jeffrey C Manske
Nature of Suit: Other Statutes: False Claims Act
Cause of Action: 31 U.S.C. § 3729 False Claims Act
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on March 21, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 21, 2023 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)
March 20, 2023 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)
March 14, 2023 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)
March 14, 2023 Filing 61 MOTION to Alter/Amend Judgment by Ricky J. Daniels, Jr. (Attachments: #1 Exhibit 1)(lad)
March 8, 2023 Filing 60 Opposed MOTION for Costs by United States of America. (Attachments: #1 Exhibit 1)(Parnham, Thomas)
March 5, 2023 Opinion or Order 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)
February 28, 2023 Filing 59 FINAL JUDGMENT in favor of Plaintiff. Signed by Judge Alan D Albright. (lad)
February 16, 2023 Filing 58 BILL OF COSTS by United States of America. (Attachments: #1 Supplement - Itemization of Costs, #2 Invoices)(Parnham, Thomas)
February 15, 2023 Opinion or Order 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)
November 25, 2022 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).
November 25, 2022 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)
October 21, 2022 Filing 54 NOTICE of Change of Address by Ricky J. Daniels, Jr (sm3)
September 21, 2022 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)
September 19, 2022 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)
September 14, 2022 Filing 51 REPLY to #46 Response to #44 Objections to #43 Report and Recommendations, by Ricky J. Daniels, Jr. (lad)
September 12, 2022 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)
September 9, 2022 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)
September 9, 2022 Filing 48 DEMAND for Trial by Jury by Ricky J. Daniels, Jr. (lad)
September 8, 2022 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)
September 7, 2022 Filing 46 RESPONSE to #44 Objection to Report and Recommendations by United States of America. (Parnham, Thomas)
August 29, 2022 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).
August 24, 2022 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).
August 10, 2022 CASE NO LONGER REFERRED to Magistrate Judge Jeffrey C. Manske. (lad)
August 10, 2022 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)
March 10, 2022 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)
January 10, 2022 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)
December 15, 2021 Opinion or Order Filing 42 ORDER CANCELLING FINAL PRETRIAL CONFERENCE. Signed by Judge Alan D Albright. (ir)
November 10, 2021 Opinion or Order Filing 41 ORDER GRANTING #40 Motion to Stay. Signed by Judge Alan D Albright. (ir)
October 13, 2021 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)
September 30, 2021 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)
September 29, 2021 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)
September 29, 2021 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)
September 23, 2021 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)
September 22, 2021 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)
September 10, 2021 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)
September 8, 2021 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)
August 4, 2021 Reset Deadlines: Dispositive Motions due by 9/10/2021 (lad)
August 4, 2021 Opinion or Order 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)
August 3, 2021 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)
June 22, 2021 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)
June 17, 2021 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).
June 17, 2021 Filing 30 NON-CONSENT to Trial by US Magistrate Judge by United States of America. (Parnham, Thomas)
June 17, 2021 Filing 29 NON-CONSENT to Trial by US Magistrate Judge by Ricky J. Daniels, Jr, ELPSS Career Institute LLC. (lad)
May 18, 2021 Filing 28 STIPULATION Regarding Remote Depositions by United States of America. (Parnham, Thomas)
April 23, 2021 Filing 27 RESPONSE to #26 Objection to Report and Recommendations by United States of America. (Parnham, Thomas)
April 20, 2021 Filing 26 OBJECTION to #22 Report and Recommendations by Ricky J. Daniels, Jr.. (lad)
April 16, 2021 Opinion or Order 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)
April 5, 2021 Opinion or Order 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)
April 5, 2021 Opinion or Order 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)
April 5, 2021 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)
March 30, 2021 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).
March 4, 2021 Opinion or Order Filing 20 Confidentiality and Protective Order, GRANTING #15 Motion for Entry. Signed by Judge Jeffrey C. Manske. (lad)
March 4, 2021 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)
March 4, 2021 Opinion or Order 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)
March 4, 2021 Opinion or Order 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)
January 8, 2021 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)
January 4, 2021 Filing 17 Proposed Scheduling Order by United States of America. (Parnham, Thomas)
January 4, 2021 Filing 16 Rule 26(f) Discovery Report/Case Management Plan by United States of America. (Parnham, Thomas)
December 28, 2020 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)
December 28, 2020 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)
December 23, 2020 Filing 13 MOTION to Stay by Ricky J. Daniels, Jr.. Motions referred to Judge Jeffrey C. Manske. (am)
December 16, 2020 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)
December 10, 2020 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)
December 4, 2020 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)
November 23, 2020 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)
November 9, 2020 Filing 8 Motion to Dismiss for Failure to State a Claim by Ricky J. Daniels, Jr, ELPSS Career Institute LLC. (Attachments: #1 Exhibits)(lad)
November 4, 2020 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)
November 4, 2020 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)
October 22, 2020 Filing 5 Second Summons Issued as to ELPSS Career Institute LLC (C/O Carla Daniels). (mc5)
October 22, 2020 Filing 4 Summons Issued as to ELPSS Career Institute LLC. (mc5)
October 22, 2020 Filing 3 Summons Issued as to Ricky J. Daniels, Jr. (mc5)
October 21, 2020 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by United States of America. (Parnham, Thomas)
October 19, 2020 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)
October 19, 2020 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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Defendant: Ricky J. Daniels, Jr.
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Defendant: ELPSS Career Institute LLC
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Plaintiff: United States of America
Represented By: Thomas Arthur Parnham, Jr.
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