United States of America ex rel. et al v. Boyko et al
||June 7, 2019
||US District Court for the Southern District of West Virginia
|Nature of Suit:
||Qui Tam (31 U.S.C. § 3729(a))
|Cause of Action:
||31:3730 Qui Tam False Claims Act
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|May 14, 2020
MEMORANDUM OPINION AND ORDER The 156 Motion for Summary Judgment is GRANTED and the 160 Motion for Summary Judgment is DENIED, as set forth herein. Signed by Judge Irene C. Berger on 5/14/2020. (cc: counsel of record; any unrepresented party) (kew)
|January 31, 2020
MEMORANDUM OPINION AND ORDER directing that the 116 Motion for Leave to File Response to Plaintiff's Memorandum in Opposition to Defendant, Martin Gottlieb & Associates, LLC's Motion to Dismiss Amended Complaint is GRANTED and that the [1 08] Motion to Dismiss Amended Complaint is GRANTED; the 110 Motion to Dismiss Amended Complaint is DENIED as to the claims, asserted in Counts One and Two, that Dr. Perni made, or caused to be made, false records and/or a false claim, as to the rec ords and billing associated with the Relator's August 2-3 emergency room visit, and GRANTED as to all other claims and all other Defendants. Signed by Judge Irene C. Berger on 1/31/2020. (cc: counsel of record; any unrepresented party) (kew)
|June 7, 2019
MEMORANDUM OPINION AND ORDER The 53 MOTION by Martin Gottlieb & Associates LLC to Dismiss 1 Complaint is GRANTED; and the 56 MOTION by Bestpractices of West Virginia, Inc., Bestpractices, Inc., Michael J. Boyko, MD, Emcare, Inc., Envision He althcare Corporation, Holiday Acquisition Company, Inc., Mark Perni, DO to Dismiss 1 Complaint is DENIED as to the claim asserted in Count Two, that Dr. Perni made, used, or caused to be made or used, a false record as to the medical records associated with the Relator's August 2-3 emergency room visit, and GRANTED as to all other claims and all other Defendants. Signed by Judge Irene C. Berger on 6/7/2019. (cc: counsel of record; any unrepresented party) (ts)
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