United States of America et al v. Aseracare inc et al
Court Docket Sheet

Northern District of Alabama

2:2012-cv-00245 (alnd)

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1
05/02/2008
COMPLAINT for Damages & Injunctive Relief (Summons(es) issued). Consent Forms Distributed for Magistrate Judge Aaron E. Goodstein. ($350.00 filing fee paid, receipt no. MK4689003692.) [Transferred from Wisconsin Eastern on 1/24/2012.]
1
Civil Cover Sheet
2
AseraCare Summons
3
https://ecf.alnd.uscourts.gov/doc1/01912752205" onClick="goDLS{{'/doc1/01912752205','140754','13','','2','1','',''}};">3</a> GGNSC Summons)
3 Attachments
33
05/02/2011
NOTICE by United States of America [Transferred from Wisconsin Eastern on 1/24/2012.]
1
https://ecf.alnd.uscourts.gov/doc1/01912752307" onClick="goDLS{{'/doc1/01912752307','140754','97','','2','1','',''}};">1</a> Text of Proposed Order)
1 Attachment
34
05/16/2011
ORDER signed by Judge J P Stadtmueller on 5/16/2011. The relator's complaint 1 the United States notice that it has not yet made an intervention decision 33, and this Order be unsealed; All other papers or Orders on file in this matter shall remain under seal; The seal be lifted on all other matters occurring in this action after the date of this Order; The parties shall serve all pleadings and motions filed in this action,including supporting memoranda, upon the United States, as provided for in 31 U.S.C. § 3730(c)(3); and Should the relator or the defendant propose that this case be dismissed, settled, or otherwise discontinued, the Court will solicit the written consent of the United States before ruling or granting its approval (cc: all counsel)(msc) [Transferred from Wisconsin Eastern on 1/24/2012.]
35
05/16/2011
ANSWER to 1 Complaint, by AseraCare Inc, GGNSC Administrative Services. [Transferred from Wisconsin Eastern on 1/24/2012.]
36
05/24/2011
NOTICE of Hearing: Scheduling Conference set for 6/22/11 at 9:00 AM in Courtroom 425, 517 E Wisconsin Ave., Milwaukee, WI before Judge J P Stadtmueller. (cc: all counsel)(nm) [Transferred from Wisconsin Eastern on 1/24/2012.]
37
05/25/2011
NOTICE of Appearance by Noah Reinstein on behalf of London Lewis, Roberta Manley, Debora Paradies. Attorney(s) appearing: Noah Reinstein [Transferred from Wisconsin Eastern on 1/24/2012.]
38
06/01/2011
DISCLOSURE Statement by AseraCare Inc, GGNSC Administrative Services. [Transferred from Wisconsin Eastern on 1/24/2012.]
39
06/02/2011
Refusal to Jurisdiction by US Magistrate Judge by AseraCare Inc, GGNSC Administrative Services. [Transferred from Wisconsin Eastern on 1/24/2012.]
40
06/15/2011
Joint REPORT of Rule 26(f) Plan by All Parties. [Transferred from Wisconsin Eastern on 1/24/2012.]
41
06/22/2011
Minute Entry for proceedings held before Judge J P Stadtmueller: Scheduling Conference held on 6/22/2011 (Court Reporter John Schindhelm) [Transferred from Wisconsin Eastern on 1/24/2012.]
42
07/05/2011
TRANSCRIPT REQUEST for proceedings held on June 22, 2011 before Judge Stadtmueller. (Gerber Ward, Stacy) [Transferred from Wisconsin Eastern on 1/24/2012.]
07/05/2011
Docket Annotation Transcript request forwarded to court reporter. (dmm) [Transferred from Wisconsin Eastern on 1/24/2012.] (Text entry; no document attached.)
43
07/08/2011
TRANSCRIPT of Scheduling Conference held on 6/22/2011 before Judge JP Stadtmueller Court Reporter/Transcriber John Schindhelm, RMR, CRR, Contact at john_schindhelm@wied.us.gov / 414-290-2640. Transcripts may be purchased through the court reporter using the Transcript Order Form found here or viewed at the court public terminal. NOTICE RE REDACTION OF TRANSCRIPTS: If necessary, within 7 business days each party shall inform the Court of their intent to redact personal identifiers by filing a Notice of Intent to Redact. Please read the policy located on our website www.wied.uscourts.gov Redaction Statement due 8/1/2011. Redacted Transcript Deadline set for 8/11/2011. Release of Transcript Restriction set for 10/11/2011. [Transferred from Wisconsin Eastern on 1/24/2012.]
44
08/09/2011
Rule 7(h) Expedited Non-Dispositive MOTION For Staggered Disclosure Deadlines by AseraCare Inc, GGNSC Administrative Services. [Transferred from Wisconsin Eastern on 1/24/2012.]
45
08/09/2011
ATTACHMENTS Defendants' Civil L.R. 7(j) Compendium of Unpublished Authorities cited in their Expedited Non-Dispositive Motion for Staggered Disclosure Deadlines by AseraCare Inc, GGNSC Administrative Services re 44 Rule 7(h) Expedited Non-Dispositive MOTION For Staggered Disclosure Deadlines. [Transferred from Wisconsin Eastern on 1/24/2012.]
1
Plumbers & Pipefitters v. Cisco
2
Smith v. Van Expedited, Inc.
3
Guardian Pipeline v. 295.49 Acres of Land
3 Attachments
46
08/09/2011
DECLARATION of Charles H. Bohl. [Transferred from Wisconsin Eastern on 1/24/2012.]
1
Exhibit
2
Exhibit
3
Exhibit
4
Exhibit
5
Exhibit
6
Exhibit
7
Exhibit
8
Exhibit
9
Exhibit
9 Attachments
47
08/09/2011
NOTICE by United States of America of Withdrawal of Appearance [Transferred from Wisconsin Eastern on 1/24/2012.]
48
08/09/2011
NOTICE of Appearance by James F Barger, Jr on behalf of London Lewis, Roberta Manley, Debora Paradies. Attorney(s) appearing: James F. Barger, Jr. [Transferred from Wisconsin Eastern on 1/24/2012.]
49
08/09/2011
RESPONSE to Motion filed by London Lewis, Roberta Manley, Debora Paradies re 44 Rule 7(h) Expedited Non-Dispositive MOTION For Staggered Disclosure Deadlines. [Transferred from Wisconsin Eastern on 1/24/2012.]
1
Exhibit Exhibit A - Declaration of James F. Barger, Jr.
1 Attachment
50
08/10/2011
Rule 7(h) Expedited Non-Dispositive MOTION to Enlarge Page Limitation by London Lewis, Roberta Manley, Debora Paradies. [Transferred from Wisconsin Eastern on 1/24/2012.]
51
08/10/2011
NOTICE of Appearance by Jack W Selden on behalf of AseraCare Inc, GGNSC Administrative Services. Attorney(s) appearing: Jack W. Selden [Transferred from Wisconsin Eastern on 1/24/2012.]
52
08/12/2011
Rule 7(h) Expedited Non-Dispositive MOTION for Protective Order by AseraCare Inc, GGNSC Administrative Services, London Lewis, Roberta Manley, Debora Paradies. [Transferred from Wisconsin Eastern on 1/24/2012.]
1
https://ecf.alnd.uscourts.gov/doc1/01912752384" onClick="goDLS{{'/doc1/01912752384','140754','151','','2','1','',''}};">1</a> Text of Proposed Order) Modified on 8/16/2011
1 Attachment
53
08/19/2011
NOTICE of Hearing on Motion 44 Rule 7(h) Expedited Non-Dispositive MOTION For Staggered Disclosure Deadlines: Motion Hearing set for 9/2/11 at 10:00 AM in Courtroom 425, 517 E Wisconsin Ave., Milwaukee, WI before Judge J P Stadtmueller. (cc: all counsel)(nm) [Transferred from Wisconsin Eastern on 1/24/2012.]
54
08/22/2011
NOTICE by London Lewis, Roberta Manley, Debora Paradies Of Attendance At September 2, 2011 Hearing Via Telephone Call [Transferred from Wisconsin Eastern on 1/24/2012.]
55
08/29/2011
ORDER signed by Judge J P Stadtmueller on 8/29/11 granting 52 Motion for Protective Order; this HIPPA Protective Order authorizes the disclosure of Protected Health Information in accordance with provisions outlined herein. See Order. (cc: all counsel) (nm) [Transferred from Wisconsin Eastern on 1/24/2012.]
56
08/30/2011
NOTICE by AseraCare Inc, GGNSC Administrative Services NOTICE OF ATTENDANCE AT SEPTEMBER 2, 2011 HEARING VIA CONFERENCE CALL [Transferred from Wisconsin Eastern on 1/24/2012.]
57
09/01/2011
NOTICE of Appearance by Andrew A Jones on behalf of All Defendants. Attorney(s) appearing: Andrew A. Jones [Transferred from Wisconsin Eastern on 1/24/2012.]
58
09/02/2011
Minute Entry for proceedings held before Judge J P Stadtmueller: Hearing Minutes for Hearing on Motion for Staggered Disclosure Deadlines held on 9/2/2011, Motions terminated: 44 Rule 7(h) Expedited Non-Dispositive MOTION For Staggered Disclosure Deadlines filed by GGNSC Administrative Services, AseraCare Inc, 50 Rule 7(h) Expedited Non-Dispositive MOTION to Enlarge Page Limitation filed by Debora Paradies, London Lewis, Roberta Manley. The motions are disposed of in accordance with the dates provided at hearing. See minutes. (Court Reporter Sheryl Stawski) [Transferred from Wisconsin Eastern on 1/24/2012.]
59
09/06/2011
TRIAL SCHEDULING ORDER signed by Judge J P Stadtmueller on 9/6/11: Interim Report on settlement progress due 2/10/12; Final Report on settlement progress due 3/10/12; Single Joint Final Pretrial Report due by close of business on 3/15/12; Motions in Limine and all non-dispositive motions that do not constitute motions in limine due 3/15/12; Final Pretrial Conference set for 3/22/12 at 8:30 AM in Courtroom 425, 517 E Wisconsin Ave., Milwaukee, WI before Judge J P Stadtmueller; Jury Trial set for 4/2/12 at 8:30 AM in Courtroom 425, 517 E Wisconsin Ave., Milwaukee, WI before Judge J P Stadtmueller. See Order. (cc: all counsel)(nm) [Transferred from Wisconsin Eastern on 1/24/2012.]
60
09/19/2011
TRANSCRIPT of Motion for Staggered Disclosure Deadlines hearing held on September 2, 2011 before Judge J.P. Stadtmueller Court Reporter/Transcriber Sheryl L. Stawski, Contact at 414/881-0922. Transcripts may be purchased through the court reporter using the Transcript Order Form found here or viewed at the court public terminal. NOTICE RE REDACTION OF TRANSCRIPTS: If necessary, within 7 business days each party shall inform the Court of their intent to redact personal identifiers by filing a Notice of Intent to Redact. Please read the policy located on our website www.wied.uscourts.gov Redaction Statement due 10/14/2011. Redacted Transcript Deadline set for 10/24/2011. Release of Transcript Restriction set for 12/22/2011. [Transferred from Wisconsin Eastern on 1/24/2012.]
61
12/16/2011
Rule 7(h) Expedited Non-Dispositive MOTION to File Document Under Seal by London Lewis, Roberta Manley, Debora Paradies. [Transferred from Wisconsin Eastern on 1/24/2012.]
62
12/16/2011
SEALED MOTION To Transfer Venue by Roberta Manley, Debora Paradies. (msc)Unsealed pursuant to 97 Modified on 1/19/2012 (msc). [Transferred from Wisconsin Eastern on 1/24/2012.]
63
12/20/2011
NOTICE by AseraCare Inc, GGNSC Administrative Services Notice of Appearance [Transferred from Wisconsin Eastern on 1/24/2012.]
64
12/20/2011
Rule 7(h) Expedited Non-Dispositive MOTION to Compel DEFENDANTS TO DESIGNATE AND PRODUCE A CORPORATE REPRESENTATIVE TO APPEAR FOR DEPOSITION by London Lewis, Roberta Manley, Debora Paradies. [Transferred from Wisconsin Eastern on 1/24/2012.]
1
Affidavit Declaration of James F. Barger, Jr.
2
Exhibit A to Dec. of James F. Barger, Jr.
3
https://ecf.alnd.uscourts.gov/doc1/01912752423" onClick="goDLS{{'/doc1/01912752423','140754','180','','2','1','',''}};">3</a> Exhibit B. to Dec. of James F. Barger, Jr.) Modified on 12/21/2011
3 Attachments
65
12/21/2011
Rule 7(h) Expedited Non-Dispositive MOTION to Compel Production of Documents Pursuant to Fed. R. Civ. P. 26, 34, and 37 and MOTION For Sanctions and attached Affidavit by London Lewis, Roberta Manley, Debora Paradies. [Transferred from Wisconsin Eastern on 1/24/2012.]
1
Affidavit Declaration of James F. Barger, Jr.
2
Exhibit A to Barger Declaration
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Exhibit B-1 to Barger Declaration
4
Exhibit B-2 to Barger Declaration
5
Exhibit C to Barger Declaration
6
https://ecf.alnd.uscourts.gov/doc1/01912752432" onClick="goDLS{{'/doc1/01912752432','140754','184','','2','1','',''}};">6</a> Exhibit D to Barger Declaration) Modified on 12/22/2011 (msc). Added MOTION for Sanctions on 12/22/2011
6 Attachments
66
12/30/2011
ORDER signed by Judge J P Stadtmueller on 12/30/11 granting 61 relators' Motion to File Document Under Seal; the relators may share the sealed document with the defendants in this action, as well as the parties and counsel involved in the referenced cases currently under seal in the N.D. of Alabama. (cc: all counsel) (nm) [Transferred from Wisconsin Eastern on 1/24/2012.]
67
12/30/2011
BRIEF in Opposition filed by AseraCare Inc, GGNSC Administrative Services re 64 Rule 7(h) Expedited Non-Dispositive MOTION to Compel DEFENDANTS TO DESIGNATE AND PRODUCE A CORPORATE REPRESENTATIVE TO APPEAR FOR DEPOSITION. [Transferred from Wisconsin Eastern on 1/24/2012.]
68
12/30/2011
DECLARATION of Charles H. Bohl in Opposition to Plaintiffs' Motion to Compel Rule 30(b)(6) Designations and Deposition. [Transferred from Wisconsin Eastern on 1/24/2012.]
1
Exhibit A: Plaintiffs' Supplemental Initial Disclosures
1 Attachment
69
12/30/2011
BRIEF in Opposition filed by AseraCare Inc, GGNSC Administrative Services re 65 Rule 7(h) Expedited Non-Dispositive MOTION to Compel Production of Documents Pursuant to Fed. R. Civ. P. 26, 34, and 37 and For Sanctions MOTION for Sanctions. [Transferred from Wisconsin Eastern on 1/24/2012.]
70
12/30/2011
DECLARATION of Christopher C. Puri. [Transferred from Wisconsin Eastern on 1/24/2012.]
71
01/03/2012
Rule 7(h) Expedited Non-Dispositive MOTION for Protective Order (Non-Party) by London Lewis, Roberta Manley, Debora Paradies. [Transferred from Wisconsin Eastern on 1/24/2012.]
1
Exhibit A - Declaration of Henry I Frohsin
2
Exhibit Exhibit 1 to Declaration
2 Attachments
72
01/04/2012
LETTER from Charles Bohl requesting permission to file a 7 page brief Modified on 1/5/2012 (vkb) [Transferred from Wisconsin Eastern on 1/24/2012.]
73
01/04/2012
SEALED Statement of Interest filed by United States of America re 62 SEALED MOTION (vkb) (vkb). Unsealed pursuant to 97. Modified on 1/19/2012 (msc). [Transferred from Wisconsin Eastern on 1/24/2012.]
74
01/13/2012
ORDER signed by Judge J P Stadtmueller on 1/13/12 denying 64 relators' Motion to Compel Designation and Production and denying 65 relators' Motion to Compel Production and for Sanctions. See Order. (cc: all counsel) (nm) [Transferred from Wisconsin Eastern on 1/24/2012.]
75
01/13/2012
RESPONSE to Motion filed by All Defendants re 71 Rule 7(h) Expedited Non-Dispositive MOTION for Protective Order (Non-Party) Defendants' Response to Non-Party Motion for Protective Order. [Transferred from Wisconsin Eastern on 1/24/2012.]
76
01/13/2012
MOTION for Partial Summary Judgment by All Defendants. [Transferred from Wisconsin Eastern on 1/24/2012.]
77
01/13/2012
DECLARATION of Andrew A. Jones. [Transferred from Wisconsin Eastern on 1/24/2012.]
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Exhibit A: London Lewis Testimony
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Exhibit B: Roberta Manley Testimony
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Exhibit C: Debra Paradies Testimony
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Exhibit D: David Casarett Article
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Exhibit E: CMS Program Memo
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Exhibit F: CMS End of Life Article
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Exhibit G: Statement of Nancy Ann Minn DeParle
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Exhibit H: Tom Scully Letter
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Exhibit I: Stephan Gripp Article
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Exhibit J: Jean Kutner Article
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Exhibit K: Susan Mitchell Article
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Exhibit L: CMS Medicare Benefit Policy Manual
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Exhibit M: Tonja Rice Report
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Exhibit N: CMSMedicare Benefit Policy Manual
15
Exhibit O: Gail Gazelle Article
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Exhibit P: Plaintiff's Supplemental Rule 26(a)(1) Disclosures
16 Attachments
78
01/13/2012
DECLARATION of Gail Austin Cooney, M.D., FAAHPM. [Transferred from Wisconsin Eastern on 1/24/2012.]
1
Exhibit A: Gail Cooney Resume
1 Attachment
79
01/13/2012
DECLARATION of John W. Finn, M.D. [Transferred from Wisconsin Eastern on 1/24/2012.]
1
Exhibit A: Finn CV
2
Exhibit B: List of Patient Charts Reviewed
2 Attachments
80
01/13/2012
DECLARATION of Thomas E. Herrmann. [Transferred from Wisconsin Eastern on 1/24/2012.]
1
Exhibit A: Herrmann Resume
2
Exhibit B: Excerpt from OIG Report 2011
3
Exhibit C: OIG Press Release
4
Exhibit D: Program Exclusion Notification
4 Attachments
81
01/13/2012
DECLARATION of Rebecca Smith. [Transferred from Wisconsin Eastern on 1/24/2012.]
1
Exhibit A: Corporate Integrity Agreement
2
Exhibit B: 2004 Amendment to Agreement
2 Attachments
82
01/13/2012
Proposed Findings of Fact by All Defendants [Transferred from Wisconsin Eastern on 1/24/2012.]
83
01/13/2012
BRIEF in Support filed by All Defendants re 76 MOTION for Partial Summary Judgment. [Transferred from Wisconsin Eastern on 1/24/2012.]
84
01/13/2012
APPENDIX by All Defendants of Unpublished Authority. [Transferred from Wisconsin Eastern on 1/24/2012.]
1
Landis v. Hospice Care of Kansas
2
Kersulis v. RehabCare Group
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Haight v. Catholic Healthcare West
4
Flax v. Quitman County Hospital
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Slover v. Commissioner of SSA
5 Attachments
85
01/13/2012
DECLARATION of Angela Hollis-Sells, R.N., CHPN. [Transferred from Wisconsin Eastern on 1/24/2012.]
86
01/16/2012
Expedite MOTION for Protective Order Preventing Deposition of Neil M. Kurtz by AseraCare Inc, GGNSC Administrative Services. [Transferred from Wisconsin Eastern on 1/24/2012.]
87
01/16/2012
DECLARATION of Neil M. Kurtz. [Transferred from Wisconsin Eastern on 1/24/2012.]
88
01/16/2012
DECLARATION of John B. Tuffnell. [Transferred from Wisconsin Eastern on 1/24/2012.]
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Exhibit No. 1
2
Exhibit No. 2
3
Exhibit No. 3
3 Attachments
89
01/13/2012
Document Sealed; Response to 62 as to AseraCare Inc, GGNSC Administrative Services. Unsealed pursuant to 97. (msc) Modified on 1/19/2012 (msc). [Transferred from Wisconsin Eastern on 1/24/2012.]
90
01/13/2012
Document Sealed; Declaration as to AseraCare Inc, GGNSC Administrative Services. [Transferred from Wisconsin Eastern on 1/24/2012.]
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Exhibit 1
2
Exhibit 2
3
Exhibit 3) Unsealed pursuant to
97
https://ecf.alnd.uscourts.gov/doc1/01912752581" onClick="goDLS{{'/doc1/01912752581','140754','261','','2','1','',''}};">97</a>. (msc) Modified on 1/19/2012 (msc). Modified on 1/19/2012
4 Attachments
91
01/13/2012
Document Sealed as to AseraCare Inc, GGNSC Administrative Services. [Transferred from Wisconsin Eastern on 1/24/2012.]
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Appendix 1
2
Appendix 2
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Appendix 3
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Appendix 4) Unsealed pursuant to
97
https://ecf.alnd.uscourts.gov/doc1/01912752581" onClick="goDLS{{'/doc1/01912752581','140754','261','','2','1','',''}};">97</a>. (msc) Modified on 1/19/2012
5 Attachments
92
01/13/2012
Document Sealed Certificate of Service as to AseraCare Inc, GGNSC Administrative Services. Unsealed pursuant to 97. (msc) Modified on 1/19/2012 (msc). [Transferred from Wisconsin Eastern on 1/24/2012.]
93
01/17/2012
Rule 7(h) Expedited Non-Dispositive MOTION to Unseal Record by All Parties. [Transferred from Wisconsin Eastern on 1/24/2012.]
1
Exhibit A
1 Attachment
94
01/18/2012
Rule 7(h) Expedited Non-Dispositive MOTION for Extension of Time Under Fed. R. 56(d) to Defer Time To Respond to Defendants' Summary Judgment Motion Until Discovery Is Complete by London Lewis, Roberta Manley, Debora Paradies. [Transferred from Wisconsin Eastern on 1/24/2012.]
95
01/19/2012
DECLARATION of James F. Barger, Jr. [Transferred from Wisconsin Eastern on 1/24/2012.]
1
Exhibit 1
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Exhibit 2
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Exhibit 3-1
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Exhibit 3-2
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Exhibit 3-3
5 Attachments
96
01/19/2012
Exhibit 4-1 to 95 Declaration DECLARATION of James F. Barger, Jr.. [Transferred from Wisconsin Eastern on 1/24/2012.]
1
Exhibit 4-2
2
Exhibit 4-3
3
Exhibit 4-4
4
https://ecf.alnd.uscourts.gov/doc1/01912752578" onClick="goDLS{{'/doc1/01912752578','140754','259','','2','1','',''}};">4</a> Exhibit 4-5) Modified on 1/19/2012
4 Attachments
97
01/19/2012
ORDER signed by Judge J P Stadtmueller on 1/19/12 granting 93 the parties' joint Motion to Unseal; commensurate with the filing of this order, the seal shall be lifted on 62 the relators' Motion to Transfer, 73 the United States' Statement of Interest, and 89 90 91 and 92 the defendants' response and accompanying documents. (cc: all counsel) (nm) [Transferred from Wisconsin Eastern on 1/24/2012.]
98
01/19/2012
Rule 7(h) Expedited Non-Dispositive MOTION to Strike Excess Pages Or, In The Alternative, MOTION For Leave To Reply by London Lewis, Roberta Manley, Debora Paradies. [Transferred from Wisconsin Eastern on 1/24/2012.]
1
Exhibit 1 - Reply
2
Exhibit A - Declaration of James F. Barger, Jr.
3
Exhibit 1 to Dec.
4
Exhibit 2 Part One
5
https://ecf.alnd.uscourts.gov/doc1/01912752589" onClick="goDLS{{'/doc1/01912752589','140754','263','','2','1','',''}};">5</a> Exhibit 2 Part Two) Added MOTION for Leave to File on 1/20/2012 (msc). Modified on 1/20/2012
5 Attachments
99
01/23/2012
ORDER signed by Judge J P Stadtmueller on 1/23/12: granting in part and denying in part 98 relators' Motion to Strike or for Leave to Reply; granting 62 relators' Motion to Transfer Venue; and TRANSFERRING this action to the Northern District of Alabama for further proceedings. (cc: all counsel) (nm) [Transferred from Wisconsin Eastern on 1/24/2012.]
100
01/24/2012
Case transferred in from District of Wisconsin Eastern; Case Number 2:08-cv-00384. Original file certified copy of transfer order and docket sheet received.
101
01/30/2012
ORDER. Joint Status Report due by 2/6/2012. Signed by Judge Karon O Bowdre on 1/30/2012. ** copies provided by US Mail to attorneys not registered with the court.
102
01/31/2012
NOTICE of Appearance by Henry I Frohsin on behalf of London Lewis, Roberta Manley, Debora Paradies
103
02/02/2012
NOTICE by Aseracare Inc, GGNSC Administrative Services Notice of Filing of Attached Writ of Mandamus in Seventh Circuit
104
02/06/2012
MOTION for Leave to Appear Pro Hac Vice by London Lewis, Roberta Manley, Debora Paradies.
1
Exhibit Certificate of Good Standing from Supreme Court of Wisconsin
1 Attachment
105
02/06/2012
STATUS REPORT Joint Status Report by Aseracare Inc, GGNSC Administrative Services.
106
02/13/2012
MOTION for Leave to Appear Pro Hac Vice by London Lewis, Roberta Manley, Debora Paradies.
1
Exhibit Certificate of Good Standing from Supreme Court of Wisconsin)(Hitchcock Cross, Nola
1 Attachment
107
02/15/2012
ORDER Setting Status Conference for 2/21/2012 02:30 PM, fifth floor chambers, in Hugo L Black US Courthouse, Birmingham, AL before Judge Karon O Bowdre. Signed by Judge Karon O Bowdre on 2/15/2012. ** copy of order provided to attorneys yet to register for electronic filing.
02/16/2012
NOTICE of Hearing: Due to a conflict with the court's calendar, the Status Conference previously set for Tuesday, 2/21/2012 at 2:30 PM, is RESET for 1:00 PM, THAT SAME DATE, 5th floor chambers, Hugo L Black US Courthouse, Birmingham, AL before Judge Karon O Bowdre. (Text entry; no document attached.)
02/20/2012
NOTICE RESETTING TIME OF STATUS CONFERENCE: Status Conference is RESET for Tuesday, 2/21/2012, at 12:45 PM, 5th floor chambers, Hugo L Black US Courthouse, Birmingham, AL before Judge Karon O Bowdre. (Text entry; no document attached.)
108
02/20/2012
MOTION to Intervene by United States of America.
02/21/2012
ORDER granting 104 Motion for Admission Pro Hac Vice filed by Noah Reinstein. Counsel is advised that at least one attorney for each party may be required to be physically present at every hearing and status conference. Signed by Judge Karon O Bowdre on 2/21/12. (Text entry; no document attached.)
02/21/2012
ORDER granting 106 Motion for for Admission Pro Hac Vice filed by Nola J. Hitchcock Cross. Counsel is advised that at least one attorney for each party may be required to be physically present at every hearing and status conference. Signed by Judge Karon O Bowdre on 2/21/12. (Text entry; no document attached.)
02/21/2012
Minute Entry for proceedings held before Judge Karon O Bowdre: Status Conference held on 2/21/2012. Written order to follow. (Text entry; no document attached.)
02/21/2012
PHV Fee paid: $100.00, receipt number B4601031091 for Noah Reinstein and Nola Cross (docs 104 and 106). (Text entry; no document attached.)
109
02/22/2012
ORDER. The court will stay the case until Monday, March 26, 2012, as it awaits a ruling from the Seventh Circuit on the defendant's Petition for a Writ of Mandamus, filed on January 30, 2012. The parties are also to submit a joint status report on or before Friday, March 23, 2012 to apprise the court of any developments in the case since the February, 21 status conference. The court is mindful of the pending motions in this case that require a ruling, however, the court will not take further action during this thirty day stay. Signed by Judge Karon O Bowdre on 2/22/2012.
110
03/23/2012
STATUS REPORT Joint Status Report by Aseracare Inc, GGNSC Administrative Services. filed by Aseracare Inc, GGNSC Administrative Services
111
03/26/2012
ORDER to CONTINUE STAY until Friday, May 25, 2012; parties are to submit joint status report on or before Wednesday, May 23, 2012, or as soon as the Seventh Circuit rules on the Petition for Writ of Mandamus. Signed by Judge Karon O Bowdre on 3/26/12.
112
05/23/2012
STATUS REPORT Joint Status Report by Aseracare Inc, GGNSC Administrative Services. filed by Aseracare Inc, GGNSC Administrative Services
113
06/19/2012
ORDER. The court will CONTINUE the STAY in this case until Monday, September 17, 2012, as it awaits a ruling from the Seventh Circuit on the defendant's Petition for a Writ of Mandamus, filed January 30, 2012.The parties are to submit a joint status report on or before Wednesday, September 12, 2012, or as soon as the Seventh Circuit rules on the Petition for Writ of Mandamus. Signed by Judge Karon O Bowdre on 6/19/2012.
114
06/27/2012
STATUS REPORT Joint Status Report by Aseracare Inc, GGNSC Administrative Services. filed by Aseracare Inc, GGNSC Administrative Services
1
Supplement Order from Seventh Circuit
1 Attachment
115
07/03/2012
ORDER. On June 27, 2012, the parties filed a joint status report (doc.114) stating that the Seventh Circuit dismissed the defendants' petition for a Writ of Mandamus for lack of jurisdiction. Accordingly, the court LIFTS the stay and GRANTS the United States' motion to partially intervene 108. Signed by Judge Karon O Bowdre on 7/3/2012.
116
07/10/2012
ALND UNIFORM INITIAL ORDER Governing All Further Proceedings, reminding parties of their obligations under Federal Rule of Civil Procedure 26(f) and Local Rule LR26.1(d) - with appendices attached. Signed by Judge Karon O Bowdre on 7/10/2012.
117
07/13/2012
MOTION to Consolidate Cases by United States of America.
118
07/18/2012
MOTION for Leave to Appear Pro Hac Vice of Charles H. Bohl and Andrew A. Jones by Aseracare Inc.
07/18/2012
PHV Fee paid: $ 50, receipt number 1126-1711898. USDC Rcpt #: B4601035495 - Modified on 7/19/2012 (Text entry; no document attached.)
07/18/2012
PHV Fee paid: $ 50, receipt number 1126-1711906. USDC Rcpt #: B4601035496 - Modified on 7/19/2012 (Text entry; no document attached.)
119
07/20/2012
NOTICE of Appearance by Jason Ehrlinspiel on behalf of United States of America
07/23/2012
ORDER granting 118 Motion for Admission Pro Hac Vice of Charles H. Bohl and Andrew A. Jones. The court advises both counsel that at least one attorney for each party may be required to be physically present at every hearing and status conference. Signed by Judge Karon O Bowdre on 7/23/12. (Text entry; no document attached.)
120
07/30/2012
MOTION for Discovery Defendants' Motion for Discovery Cut-Off and Trial Dates by Aseracare Inc, GGNSC Administrative Services.
121
07/30/2012
Brief re 120 MOTION for Discovery Defendants' Motion for Discovery Cut-Off and Trial Dates Defendants' Brief Supporting Motion for Discovery Cut-Off and Trial Dates.
122
07/31/2012
NOTICE by United States of America of Motion to Reconsider in 2:09-cv-0627-AKK
1
Exhibit
1 Attachment
123
08/02/2012
NOTICE by Aseracare Inc, GGNSC Administrative Services re 121 Brief, 120 MOTION for Discovery Defendants' Motion for Discovery Cut-Off and Trial Dates Defendants' Notice of Filing Exhibits Supporting Defendants' Motion for Discovery Cut-Off and Trial Dates
1
Exhibit 1
2
Exhibit 2
3
Exhibit 3
4
Exhibit 4
5
Exhibit 5
6
Exhibit 6
6 Attachments
124
08/06/2012
NOTICE of Appearance by Holly H Snow on behalf of United States of America
125
08/08/2012
ORDER suspending the parties' Rule 26 obligations in this case as set out. Signed by Judge Karon O Bowdre on 8/8/12. (SAC)
126
08/09/2012
ORDER SETTING STATUS CONFERENCE Status Conference set for Tuesday, August 28, 2012 at 10:00 AM in Hugo L Black US Courthouse, Birmingham, AL, fifth floor chambers, before Judge Karon O Bowdre. Signed by Judge Karon O Bowdre on 8/9/12. (SAC)
127
08/09/2012
ORDER re 120 MOTION for Discovery Defendants' Motion for Discovery Cut-Off and Trial Dates filed by GGNSC Administrative Services, Aseracare Inc. The plaintiffs response will be due by or before August 17, 2012. Any reply brief, if necessary, will be due August 24, 2012. Signed by Judge Karon O Bowdre on 8/9/12. (SAC)
128
08/17/2012
RESPONSE in Opposition re 120 MOTION for Discovery Defendants' Motion for Discovery Cut-Off and Trial Dates filed by United States of America.
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Exhibit D
5
Exhibit E
6
Exhibit F
6 Attachments
129
08/24/2012
REPLY Brief filed by Defendants Aseracare Inc, GGNSC Administrative Services re: 127 Order, 128 Response in Opposition to Motion, Defendants' Reply Brief Supporting Motion for Discovery Cut-Off and Trial Dates filed by Aseracare Inc, GGNSC Administrative Services.
1
Exhibit 1 - U.S. ex rel. Atkin v. EEOC
1 Attachment
130
08/27/2012
NOTICE of Appearance by Carolyn B Tapie on behalf of United States of America
08/28/2012
Minute Entry for proceedings held before Judge Karon O Bowdre: Status Conference held on 8/28/2012. Written orders to follow. (Text entry; no document attached.)
131
08/28/2012
CONSOLIDATION ORDER The court finds that the cases should be consolidated for discovery purposes pursuant to the courts discussion with counsel at the Status Conference. Signed by Judge Karon O Bowdre on 8/28/12. Associated Cases: 2:12-cv-00245-KOB, 2:12-cv-02264-KOB(SAC)
132
08/28/2012
REPLY Brief filed by Defendants GGNSC Administrative Services, LLC, GGNSC Holdings, LLC, Golden Gate Ancillary, LLC, Golden Gate National Senior Care, LLC re:(58 in 2:12-cv-02264-KOB) Response to Motion, (60 in 2:12-cv-02264-KOB) Response (other) SUPPORTING MOTION TO DISMISS filed by GGNSC Administrative Services, LLC, GGNSC Holdings, LLC, Golden Gate Ancillary, LLC, Golden Gate National Senior Care, LLC. Associated Cases: 2:12-cv-00245-KOB, 2:12-cv-02264-KOB
133
08/29/2012
JOINT STATUS REPORT ORDER For reasons as set out within, the court lifts the stay of the Rule 26 obligations in United States of America et al. v. AseraCare et al. (doc. 125) and orders all parties to submit a Joint Status Report by September 5, 2012, as directed within. Signed by Judge Karon O Bowdre on 8/29/12. Associated Cases: 2:12-cv-00245-KOB, 2:12-cv-02264-KOB(SAC)
134
08/30/2012
NOTICE by United States of America of Filing and Serving of Discovery Associated Cases: 2:12-cv-00245-KOB, 2:12-cv-02264-KOB
135
08/30/2012
SCHEDULING ORDER setting deadlines within: Discovery due by August 23, 2013; Dispositive Motions due by September 23, 2013; Joint Status Report due by November 28, 2012, February 25, 2013; May 28, 2013 and August 20, 2013; Status Conference set for Wednesday, February 27, 2013 at 10:00 AM, AND Thursday, August 22, 2013 at 10:00 AM, 5th Floor Jury Room of the Hugo L. Black U.S. Courthouse, Birmingham, AL before Judge Karon O Bowdre. Signed by Judge Karon O Bowdre on 8/30/12. Associated Cases: 2:12-cv-00245-KOB, 2:12-cv-02264-KOB(SAC)
08/30/2012
ORDER finding as moot Defendants' Motion for Discovery Cut-off and Trial Dates in light of the Scheduling Order issued by the court on 8/30/12 (Doc. 135). Signed by Judge Karon O Bowdre on 8/30/12. (Text entry; no document attached.)
136
08/31/2012
MOTION for Reconsideration re (115 in 2:12-cv-00245-KOB) Order on Motion to Intervene, Defendants' Motion for Reconsideration of Order Granting Government's Motion to Intervene by Aegis Therapies, Inc., All Defendants Listed in Exhibit 1 to the Complaint, Beverly Enterprises Georgia, Inc., Beverly Enterprises, Inc., Beverly Enterprises-Garden Terrace, Inc., Beverly Health and Rehabilitation Services, Inc., GGNSC Administrative Services, LLC, GGNSC Atlanta, LLC, GGNSC Clinical Services, LLC, GGNSC Holdings, LLC, Golden Gate Ancillary, LLC, Golden Gate National Senior Care, LLC, Hospice Preferred Choice, Inc., John Does 1-308, John Does 309-374, Aseracare Inc. Associated Cases: 2:12-cv-00245-KOB, 2:12-cv-02264-KOB
137
08/31/2012
SCHEDULING ORDER Discovery due by August 28, 2013. Joint Status Report due November 28, 2012; February 25, 2013; May 28, 2013 and August 20, 2013. Status Conference set for Wednesday, February 27, 2013 at 10:00 AM, AND Thursday, August 22, 2013 at 10:00 AM, 5th Floor Jury Room, in Hugo L Black US Courthouse, Birmingham, AL before Judge Karon O Bowdre. Signed by Judge Karon O Bowdre on 8/31/12. Associated Cases: 2:12-cv-00245-KOB, 2:12-cv-02264-KOB(SAC)
138
09/05/2012
ORDER granting 136 Motion for Reconsideration; Any written response the United States wishes the court to consider must be submitted on or before Wednesday, September 12, 2012. Any written reply the Defendants wish the court to consider must be submitted on or before Wednesday, September 19, 2012. Signed by Judge Karon O Bowdre on 9/5/12. (SAC)
139
09/05/2012
STATUS REPORT JOINT STATUS REPORT by Aegis Therapies, Inc., All Defendants Listed in Exhibit 1 to the Complaint, Beverly Enterprises Georgia, Inc., Beverly Enterprises, Inc., Beverly Enterprises-Garden Terrace, Inc., Beverly Health and Rehabilitation Services, Inc., GGNSC Administrative Services, LLC, GGNSC Atlanta, LLC, GGNSC Clinical Services, LLC, GGNSC Holdings, LLC, Golden Gate Ancillary, LLC, Golden Gate National Senior Care, LLC, Hospice Preferred Choice, Inc., John Does 1-308, John Does 309-374, Joseph L. Micca, Aseracare Inc, GGNSC Administrative Services. filed by Aegis Therapies, Inc., All Defendants Listed in Exhibit 1 to the Complaint, Beverly Enterprises Georgia, Inc., Beverly Enterprises, Inc., Beverly Enterprises-Garden Terrace, Inc., Beverly Health and Rehabilitation Services, Inc., GGNSC Administrative Services, LLC, GGNSC Atlanta, LLC, GGNSC Clinical Services, LLC, GGNSC Holdings, LLC, Golden Gate Ancillary, LLC, Golden Gate National Senior Care, LLC, Hospice Preferred Choice, Inc., John Does 1-308, John Does 309-374, Joseph L. Micca, Aseracare Inc, GGNSC Administrative Services Associated Cases: 2:12-cv-00245-KOB, 2:12-cv-02264-KOB
140
09/07/2012
ORDER deeming/terming the following Motions moot at this time: Motion for Protective Order by non-party Relators (doc. 71); Motion for Partial Summary Judgment (doc. 76); Motion for protective order Preventing Disposition of Neil M. Kurtz(doc. 86); and Motion to Defer Time to Respond to Defendants Summary Judgment Motion until Discovery is Completed (doc. 94). The issues raised in these motions may be raised in future filings without prejudice. Signed by Judge Karon O Bowdre on 9/7/12. (SAC)
141
09/12/2012
RESPONSE in Opposition re (136 in 2:12-cv-00245-KOB) MOTION for Reconsideration re (115 in 2:12-cv-00245-KOB) Order on Motion to Intervene, Defendants' Motion for Reconsideration of Order Granting Government's Motion to Intervene MOTION for Reconsideration re (115 in 2:12-cv-00245-KOB) Order on Motion to Intervene, Defendants' Motion for Reconsideration of Order Granting Government's Motion to Intervene MOTION for Reconsideration re (115 in 2:12-cv-00245-KOB) Order on Motion to Intervene, Defendants' Motion for Reconsideration of Order Granting Government's Motion to Intervene MOTION for Reconsideration re (115 in 2:12-cv-00245-KOB) Order on Motion to Intervene, Defendants' Motion for Reconsideration of Order Granting Government's Motion to Intervene United States' Opposition to Defendants' Motion for Reconsideration of Order Granting Government's Motion to Intervene filed by United States of America. Associated Cases: 2:12-cv-00245-KOB, 2:12-cv-02264-KOB
142
09/17/2012
REPLY Brief filed by Defendants Aegis Therapies, Inc., All Defendants Listed in Exhibit 1 to the Complaint, Beverly Enterprises Georgia, Inc., Beverly Enterprises, Inc., Beverly Enterprises-Garden Terrace, Inc., Beverly Health and Rehabilitation Services, Inc., GGNSC Administrative Services, LLC, GGNSC Atlanta, LLC, GGNSC Clinical Services, LLC, GGNSC Holdings, LLC, Golden Gate Ancillary, LLC, Golden Gate National Senior Care, LLC, Hospice Preferred Choice, Inc., John Does 1-308, John Does 309-374, Aseracare Inc, GGNSC Administrative Services re:(115 in 2:12-cv-00245-KOB) Order on Motion to Intervene, (71 in 2:12-cv-02264-KOB, 141 in 2:12-cv-00245-KOB) Response in Opposition to Motion, Defendants' Reply Brief Supporting Motion for Reconsideration of Order Granting Government's Motion to Intervene filed by Aegis Therapies, Inc., All Defendants Listed in Exhibit 1 to the Complaint, Beverly Enterprises Georgia, Inc., Beverly Enterprises, Inc., Beverly Enterprises-Garden Terrace, Inc., Beverly Health and Rehabilitation Services, Inc., GGNSC Administrative Services, LLC, GGNSC Atlanta, LLC, GGNSC Clinical Services, LLC, GGNSC Holdings, LLC, Golden Gate Ancillary, LLC, Golden Gate National Senior Care, LLC, Hospice Preferred Choice, Inc., John Does 1-308, John Does 309-374, Aseracare Inc, GGNSC Administrative Services. Associated Cases: 2:12-cv-00245-KOB, 2:12-cv-02264-KOB
143
09/24/2012
MEMORANDUM OPINION AND ORDER re Defendants Motion for Reconsideration of Order Granting Governments Motion to Intervene (Doc. 136); for reasons as stated within, the court CONFIRMS its July 7, 2012 Order, granting the Governments Motion to Intervene. Signed by Judge Karon O Bowdre on 9/24/12. (SAC)
144
10/17/2012
ORDER: The United States of America's motion to reconsider the order denying consolidation of Actions 2:12-cv-245-KOB, 2:12-cv-2264-KOB and 2:09-cv-627-AKK is GRANTED. (50 in 2:09-cv-00627-AKK) Docket entry #49 in 2:09-cv-627-AKK is VACATED. The court hereby ORDERS the Clerk of Court to reassign andtransfer case 2:09-cv-0627-AKK to Judge Bowdre and to consolidate it with cases2:12-cv-2264-KOB and 2:12-cv-0245-KOB. All future filings must be filed in2:12-cv-0245-KOB. Signed by Judge Abdul K Kallon on 10/17/12. Associated Cases: 2:12-cv-00245-KOB, 2:09-cv-00627-AKK, 2:12-cv-02264-KOB
145
10/17/2012
NOTICE OF CONSOLIDATION: FOR ALL SUBSEQUENT PLEADINGS, please use case style contained in notice and electronically file all pleadings in the Lead Case 2:12-cv-0245-KOB. Associated Cases: 2:12-cv-00245-KOB, 2:09-cv-00627-KOB, 2:12-cv-02264-KOB
146
10/24/2012
MEMORANDUM OPINION AND ORDER re (doc. 39 in 2:12-cv-02264-KOB) MOTION to Intervene Partially for Good Cause filed by United States of America Ex Rel ; For the reasons as stated within, the court GRANTS the Governments Motion to Intervene. Signed by Judge Karon O Bowdre on 10/24/12. Associated Cases: 2:12-cv-00245-KOB, 2:09-cv-00627-KOB, 2:12-cv-02264-KOB(SAC)
147
10/24/2012
ORDER setting Motion Hearing for Tuesday, November 6, 2012, at 3:00 PM in Courtroom 5-A, Hugo L. Black U.S. Courthouse, Birmingham, Alabama re (42 in 2:12-cv-02264-KOB) MOTION to Dismiss DEFENDANTS' MOTION TO DISMISS ; (60 in 2:09-cv-00627-KOB) MOTION to Dismiss Defendants' Motion to Dismiss the Government's First Amended Complaint in Intervention Or, Alternatively, Motion to Unseal Documents; (58 in 2:09-cv-00627-KOB) MOTION to Dismiss Defendants' Motion to Dismiss the Action Or, in the Alternative, to Dismiss Relators' Complaint; (59 in 2:09-cv-00627-KOB) MOTION to Dismiss for Lack of Jurisdiction Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction. Signed by Judge Karon O Bowdre on 10/24/12. Associated Cases: 2:12-cv-00245-KOB, 2:09-cv-00627-KOB, 2:12-cv-02264-KOB(SAC)
148
10/24/2012
RESPONSE in Opposition re (58 in 2:09-cv-00627-KOB) MOTION to Dismiss Defendants' Motion to Dismiss the Action Or, in the Alternative, to Dismiss Relators' Complaint filed by Dawn Richardson. Associated Cases: 2:12-cv-00245-KOB, 2:09-cv-00627-KOB, 2:12-cv-02264-KOB
149
10/24/2012
RESPONSE in Opposition re (60 in 2:09-cv-00627-KOB) MOTION to Dismiss Defendants' Motion to Dismiss the Government's First Amended Complaint in Intervention Or, Alternatively, Motion to Unseal Documents filed by United States of America. Associated Cases: 2:12-cv-00245-KOB, 2:09-cv-00627-KOB, 2:12-cv-02264-KOB
150
10/24/2012
RESPONSE in Opposition re (58 in 2:09-cv-00627-KOB) MOTION to Dismiss Defendants' Motion to Dismiss the Action Or, in the Alternative, to Dismiss Relators' Complaint filed by United States of America. Associated Cases: 2:12-cv-00245-KOB, 2:09-cv-00627-KOB, 2:12-cv-02264-KOB
151
10/24/2012
RESPONSE in Opposition re (59 in 2:09-cv-00627-KOB) MOTION to Dismiss for Lack of Jurisdiction Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction filed by United States of America. Associated Cases: 2:12-cv-00245-KOB, 2:09-cv-00627-KOB, 2:12-cv-02264-KOB
152
10/25/2012
AMENDED DOCUMENT by United States of America. Amendment to (70 in 2:09-cv-00627-KOB, 83 in 2:12-cv-02264-KOB, 151 in 2:12-cv-00245-KOB) Response in Opposition to Motion, Defendants' Motion To Dismiss for Lack of Subject Matter Jurisdiction. filed by United States of America Associated Cases: 2:12-cv-00245-KOB, 2:09-cv-00627-KOB, 2:12-cv-02264-KOB
153
10/25/2012
ORDER that the court DISMISSES WITHOUT PREJUDICE those claims in the Relators Complaint not encompassed by the United States First Amended Complaint in Intervention (Richardson Doc. 52). Signed by Judge Karon O Bowdre on 10/25/12. Associated Cases: 2:12-cv-00245-KOB, 2:09-cv-00627-KOB, 2:12-cv-02264-KOB(SAC)
154
10/29/2012
NOTICE of Appearance by William Edward Olson on behalf of United States of America Associated Cases: 2:12-cv-00245-KOB, 2:09-cv-00627-KOB, 2:12-cv-02264-KOB
155
10/29/2012
MOTION for Leave to File consolidated Complaint by United States of America. Associated Cases: 2:12-cv-00245-KOB, 2:09-cv-00627-KOB, 2:12-cv-02264-KOB
1
Exhibit 1
1 Attachment
10/30/2012
ORDER granting (74) MOTION for Leave to File consolidated Complaint by United States of America 2:09-cv-00627-KOB; granting (155) MOTION for Leave to File consolidated Complaint by United States of America 2:12-cv-00245-KOB; granting (87) MOTION for Leave to File consolidated Complaint by United States of America 2:12-cv-02264-KOB; Consolidated Complaint should be filed as a separate document by 11/2/12. Signed by Judge Karon O Bowdre on 10/30/12. Associated Cases: 2:12-cv-00245-KOB, 2:09-cv-00627-KOB, 2:12-cv-02264-KOB(SAC) (Text entry; no document attached.)
156
11/02/2012
Intervenor COMPLAINT United States' Consolidated Complaint in Intervention against Defendants GGNSC Administrative Services, LLC, Hospice Preferred Choice, Inc., and Hospice of Eastern Carolina, Inc., doing business as AseraCare Hospice, filed by United States of America.
157
11/05/2012
MOTION AseraCare's Motion for Revised Scheduling Order by Aegis Therapies, Inc., All Defendants Listed in Exhibit 1 to the Complaint, Beverly Enterprises Georgia, Inc., Beverly Enterprises, Inc., Beverly Enterprises-Garden Terrace, Inc., Beverly Health and Rehabilitation Services, Inc., GGNSC Administrative Services, LLC, GGNSC Atlanta, LLC, GGNSC Clinical Services, LLC, GGNSC Holdings, LLC, Golden Gate Ancillary, LLC, Golden Gate National Senior Care, LLC, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc., John Does 1-308, John Does 309-374, Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Aegis Therapies, Inc., Aseracare, Inc., GGNSC Administrative Services LLC, GGNSC Holdings LLC, Golden Gate Ancillary LLC, Golden Gate National Senior Care LLC, Hospice of Eastern Carolina Inc. Associated Cases: 2:12-cv-00245-KOB, 2:09-cv-00627-KOB, 2:12-cv-02264-KOB
11/06/2012
Minute Entry for proceedings held before Judge Karon O Bowdre: Motion Hearing held on 11/6/2012 re (42 in 2:12-cv-02264-KOB) MOTION to Dismiss DEFENDANTS' MOTION TO DISMISS filed by Beverly Enterprises-Garden Terrace, Inc., Beverly Health and Rehabilitation Services, Inc., Golden Gate National Senior Care, LLC, All Defendants Listed in Exhibit 1 to the Complaint, GGNSC Holdings, LLC, Beverly Enterprises Georgia, Inc., John Does 309-374, Aegis Therapies, Inc., Golden Gate Ancillary, LLC, GGNSC Administrative Services, LLC, Hospice Preferred Choice, Inc., GGNSC Clinical Services, LLC, Beverly Enterprises, Inc., GGNSC Atlanta, LLC, John Does 1-308, (60 in 2:09-cv-00627-KOB) MOTION to Dismiss Defendants' Motion to Dismiss the Government's First Amended Complaint in Intervention Or, Alternatively, Motion to Unseal Documents filed by GGNSC Administrative Services LLC, Hospice of Eastern Carolina Inc, Golden Gate National Senior Care LLC, Aegis Therapies, Inc., GGNSC Holdings LLC, Hospice Preferred Choice, Inc., Aseracare, Inc., Golden Gate Ancillary LLC, (58 in 2:09-cv-00627-KOB) MOTION to Dismiss Defendants' Motion to Dismiss the Action Or, in the Alternative, to Dismiss Relators' Complaint filed by GGNSC Administrative Services LLC, Hospice of Eastern Carolina Inc, Golden Gate National Senior Care LLC, Aegis Therapies, Inc., GGNSC Holdings LLC, Hospice Preferred Choice, Inc., Aseracare, Inc., Golden Gate Ancillary LLC, (59 in 2:09-cv-00627-KOB) MOTION to Dismiss for Lack of Jurisdiction Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction filed by GGNSC Administrative Services LLC, Hospice of Eastern Carolina Inc, Golden Gate National Senior Care LLC, Aegis Therapies, Inc., GGNSC Holdings LLC, Hospice Preferred Choice, Inc., Aseracare, Inc., Golden Gate Ancillary LLC. Cases Richardson and Micca to be dismissed. Paradise to go forward. Motion to dismiss Richardson and Micca due by 11/14/12 from USA. Hrg adj to jury room to discuss motion for scheduling order. (Court Reporter Teresa Roberson.) Associated Cases: 2:12-cv-00245-KOB, 2:09-cv-00627-KOB, 2:12-cv-02264-KOB (Text entry; no document attached.)
11/06/2012
Minute Entry for proceedings held before Judge Karon O Bowdre: Conference held on 11/6/2012. Gov's response to Motion for Scheduing Order due 11/16/12. Will work off current scheduling order for now. Associated Cases: 2:12-cv-00245-KOB, 2:09-cv-00627-KOB, 2:12-cv-02264-KOB (Text entry; no document attached.)
158
11/14/2012
NOTICE of Voluntary Dismissal by Joseph L. Micca, Marsha Brown, Dawn Richardson Associated Cases: 2:12-cv-00245-KOB, 2:09-cv-00627-KOB, 2:12-cv-02264-KOB
159
11/13/2012
Summons Reissued as to GGNSC Administrative Services, LLC, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc. (2:12-cv-02264-KOB); given to Plaintiff at front window. Associated Cases: 2:12-cv-00245-KOB, 2:09-cv-00627-KOB, 2:12-cv-02264-KOB(SAC)
160
11/16/2012
RESPONSE in Opposition re (89 in 2:12-cv-02264-KOB) MOTION AseraCare's Motion for Revised Scheduling Order filed by United States of America. Associated Cases: 2:12-cv-00245-KOB, 2:09-cv-00627-KOB, 2:12-cv-02264-KOB
1
Exhibit A
1 Attachment
161
11/20/2012
ANSWER to Complaint AseraCare's Answer to United States' Consolidated Complaint in Intervention by Aegis Therapies, Inc., All Defendants Listed in Exhibit 1 to the Complaint, Beverly Enterprises Georgia, Inc., Beverly Enterprises, Inc., Beverly Enterprises-Garden Terrace, Inc., Beverly Health and Rehabilitation Services, Inc., GGNSC Administrative Services, LLC, GGNSC Atlanta, LLC, GGNSC Clinical Services, LLC, GGNSC Holdings, LLC, Golden Gate Ancillary, LLC, Golden Gate National Senior Care, LLC, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc., John Does 1-308, John Does 309-374, Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Aegis Therapies, Inc., Aseracare, Inc., GGNSC Administrative Services LLC, GGNSC Holdings LLC, Golden Gate Ancillary LLC, Golden Gate National Senior Care LLC, Hospice of Eastern Carolina Inc.Associated Cases: 2:12-cv-00245-KOB, 2:09-cv-00627-KOB, 2:12-cv-02264-KOB (orig filed 11/19/12 and re-filed corrected 11/20/12) (Modified on 11/20/2012 (SAC).
162
11/28/2012
STATUS REPORT Joint Status Report by Aegis Therapies, Inc., All Defendants Listed in Exhibit 1 to the Complaint, Beverly Enterprises Georgia, Inc., Beverly Enterprises, Inc., Beverly Enterprises-Garden Terrace, Inc., Beverly Health and Rehabilitation Services, Inc., GGNSC Administrative Services, LLC, GGNSC Atlanta, LLC, GGNSC Clinical Services, LLC, GGNSC Holdings, LLC, Golden Gate Ancillary, LLC, Golden Gate National Senior Care, LLC, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc., John Does 1-308, John Does 309-374, Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Aegis Therapies, Inc., Aseracare, Inc., GGNSC Administrative Services LLC, GGNSC Holdings LLC, Golden Gate Ancillary LLC, Golden Gate National Senior Care LLC, Hospice of Eastern Carolina Inc. filed by Aegis Therapies, Inc., All Defendants Listed in Exhibit 1 to the Complaint, Beverly Enterprises Georgia, Inc., Beverly Enterprises, Inc., Beverly Enterprises-Garden Terrace, Inc., Beverly Health and Rehabilitation Services, Inc., GGNSC Administrative Services, LLC, GGNSC Atlanta, LLC, GGNSC Clinical Services, LLC, GGNSC Holdings, LLC, Golden Gate Ancillary, LLC, Golden Gate National Senior Care, LLC, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc., John Does 1-308, John Does 309-374, Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Aegis Therapies, Inc., Aseracare, Inc., GGNSC Administrative Services LLC, GGNSC Holdings LLC, Golden Gate Ancillary LLC, Golden Gate National Senior Care LLC, Hospice of Eastern Carolina Inc Associated Cases: 2:12-cv-00245-KOB, 2:09-cv-00627-KOB, 2:12-cv-02264-KOB
163
12/03/2012
ORDER denying WITHOUT PREJUDICE (76) Motion for Revised Scheduling Order in case 2:09-cv-00627-KOB; denying (157) Motion Revised Scheduling Order in case 2:12-cv-00245-KOB; denying (89) Motion Revised Scheduling Order in case 2:12-cv-02264-KOB. Signed by Judge Karon O Bowdre on 12/3/12. Associated Cases: 2:12-cv-00245-KOB, 2:09-cv-00627-KOB, 2:12-cv-02264-KOB(SAC)
164
12/10/2012
Consent MOTION to Amend/Correct (137 in 2:12-cv-00245-KOB, 137 in 2:12-cv-00245-KOB) Order, Set Deadlines/Hearings, to Amend Scheduling Order by United States of America. Associated Cases: 2:12-cv-00245-KOB, 2:09-cv-00627-KOB, 2:12-cv-02264-KOB
165
12/11/2012
ORDER granting (83) Motion to Amend/Correct in case 2:09-cv-00627-KOB; granting (164) Motion to Amend/Correct in case 2:12-cv-00245-KOB; granting (96) Motion to Amend/Correct in case 2:12-cv-02264-KOB; Scheduling Order revised as noted within. Signed by Judge Karon O Bowdre on 12/11/12. Associated Cases: 2:12-cv-00245-KOB, 2:09-cv-00627-KOB, 2:12-cv-02264-KOB(SAC)
166
12/13/2012
NOTICE by United States of America re (158 in 2:12-cv-00245-KOB) Notice of Voluntary Dismissal Consent to Dismissal Without Prejudice to the United States Associated Cases: 2:12-cv-00245-KOB, 2:09-cv-00627-KOB, 2:12-cv-02264-KOB
167
12/15/2012
STIPULATION of Dismissal AseraCare's Stipulation of Dismissal by Aegis Therapies, Inc., All Defendants Listed in Exhibit 1 to the Complaint, Beverly Enterprises Georgia, Inc., Beverly Enterprises, Inc., Beverly Enterprises-Garden Terrace, Inc., Beverly Health and Rehabilitation Services, Inc., GGNSC Administrative Services, LLC, GGNSC Atlanta, LLC, GGNSC Clinical Services, LLC, GGNSC Holdings, LLC, Golden Gate Ancillary, LLC, Golden Gate National Senior Care, LLC, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc., John Does 1-308, John Does 309-374, Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Aegis Therapies, Inc., Aseracare, Inc., GGNSC Administrative Services LLC, GGNSC Holdings LLC, Golden Gate Ancillary LLC, Golden Gate National Senior Care LLC, Hospice of Eastern Carolina Inc. filed by Aegis Therapies, Inc., All Defendants Listed in Exhibit 1 to the Complaint, Beverly Enterprises Georgia, Inc., Beverly Enterprises, Inc., Beverly Enterprises-Garden Terrace, Inc., Beverly Health and Rehabilitation Services, Inc., GGNSC Administrative Services, LLC, GGNSC Atlanta, LLC, GGNSC Clinical Services, LLC, GGNSC Holdings, LLC, Golden Gate Ancillary, LLC, Golden Gate National Senior Care, LLC, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc., John Does 1-308, John Does 309-374, Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Aegis Therapies, Inc., Aseracare, Inc., GGNSC Administrative Services LLC, GGNSC Holdings LLC, Golden Gate Ancillary LLC, Golden Gate National Senior Care LLC, Hospice of Eastern Carolina Inc Associated Cases: 2:12-cv-00245-KOB, 2:09-cv-00627-KOB, 2:12-cv-02264-KOB
168
12/17/2012
ORDER DISMISSING WITH PREJUDICE all of the Relators claims in United States ex rel. Richardson et al. v. Golden Gate National Senior Care, LLC, et al., No. 2:09-cv-627-KOB (Richardson) and United States ex rel. Micca v. GGNSC Holdings, LLC, et al., No. 2:12-cv-2264-KOB (Micca). The court DISMISSES WITHOUT PREJUDICE all of the Governments claims in Richardson and Micca; litigation will proceed under the Governments Consolidated Complaint in Intervention in United States ex rel. Paradies et al. v. AseraCare, Inc., et al., No. 2:12-cv-245-KOB. (Doc. 156). Signed by Judge Karon O Bowdre on 12/17/12. Associated Cases: 2:12-cv-00245-KOB, 2:09-cv-00627-KOB, 2:12-cv-02264-KOB(SAC)
169
12/18/2012
NOTICE of Appearance by Cameron W Ellis on behalf of GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
170
01/04/2013
NOTICE of Appearance by Carrie M Motes on behalf of All Plaintiffs
171
01/11/2013
Joint MOTION for Protective Order and Order Regarding Produced Privileged Materials by United States of America.
1
Exhibit A (Agreed Proposed Protective Order)
2
Exhibit B (Agreed Proposed Order Regarding Produced Privileged Materials)
2 Attachments
172
01/15/2013
PROTECTIVE ORDER concerning confidential materials. Signed by Judge Karon O Bowdre on 1/15/13. (SAC)
173
01/15/2013
DISCOVERY ORDER REGARDING PRODUCED PRIVILEGED MATERIAL Signed by Judge Karon O Bowdre on 1/15/13. (SAC)
174
01/18/2013
Consent MOTION for Extension of Time for Expert Disclosure by United States of America.
175
01/22/2013
ORDER granting 174 Motion for Extension of Time ; The court GRANTS the motion and revises the Scheduling Order in this case as noted within. Signed by Judge Karon O Bowdre on 1/22/13. (SAC)
176
02/25/2013
STATUS REPORT Joint Status Report by GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc. filed by GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
02/27/2013
Minute Entry for proceedings held before Judge Karon O Bowdre: Status Conference held on 2/27/2013. (Text entry; no document attached.)
177
03/08/2013
NOTICE of Appearance by Kimberly Bessiere Martin on behalf of Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
178
04/18/2013
Joint MOTION to Amend/Correct Scheduling Order by United States of America.
179
04/19/2013
REVISED SCHEDULING ORDER. The court hereby GRANTS 178 and sets out the following deadlines. Discovery due by 9/30/2013; Dispositive Motions due by 10/30/2013; Joint Status Report due by 5/28/2013 AND August 20, 2013. Status Conference set for 8/22/2013 at 10:00 AM, Jury Room for CR 5A, Hugo L Black US Courthouse, Birmingham, AL before Judge Karon O Bowdre. Signed by Judge Karon O Bowdre on 4/19/2013.
180
04/22/2013
REVISED SCHEDULING ORDER granting 178 Joint MOTION to Amend/Correct Scheduling Order filed by United States of America ; Except for the deadlines changed in this order, the court's August 31, 2012 Scheduling Order (doc. 137) still controls this action. Signed by Judge Karon O Bowdre on 4/22/13. (SAC)
181
05/28/2013
STATUS REPORT Joint Status Report by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc. filed by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
182
06/25/2013
Joint MOTION to Amend/Correct Scheduling Order by United States of America.
183
06/27/2013
REVISED SCHEDULING ORDER The court GRANTS the motion to Amend Scheduling Order (doc. 182); Accordingly, the court sets the following deadlines: Discovery due by 12/17/2013; Dispositive Motions due by 1/17/2014; Joint Status Report due by 8/20/2013; Status Conference set for 8/22/2013 10:00 AM in Hugo L Black US Courthouse, Birmingham, AL before Judge Karon O Bowdre. Signed by Judge Karon O Bowdre on 6/27/13. (SAC)
184
08/06/2013
MOTION to Compel Defendants' Motion to Compel Expert Physician Related Discovery by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
1
Exhibit 1 - DX 119
2
Exhibit 2 - DX 170
3
Exhibit 3 - LIAO 858
3 Attachments
185
08/06/2013
MOTION to Compel Defendants' Motion to Compel Requested Pivilege Log Information by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
1
Exhibit 1 - Government Privilege Log
2
Exhibit 2 - Relator Agreement
2 Attachments
186
08/07/2013
ORDER SETTING BRIEFING SCHEDULE re "Defendants' Motion to Compel Expert Physician Related Discovery" (doc. 184) and "Defendants' Motion to Compel Requested Privilege Log Information" (doc. 185); The plaintiffs' responses will be due August 14, 2013. Any reply brief, if necessary, will be due August 19, 2013. Signed by Judge Karon O Bowdre on 8/7/13. (SAC)
187
08/08/2013
ORDER Setting Motion Hearing re: 184 and 185 for Monday, September 16, 2013 at 10:30 AM, CR 5A, Hugo L Black US Courthouse, Birmingham, AL before Judge Karon O Bowdre. Signed by Judge Karon O Bowdre on 8/8/2013.
188
08/14/2013
RESPONSE in Opposition re 185 MOTION to Compel Defendants' Motion to Compel Requested Pivilege Log Information filed by United States of America.
1
Exhibit A - August 14 email
1 Attachment
189
08/14/2013
RESPONSE in Opposition re 184 MOTION to Compel Defendants' Motion to Compel Expert Physician Related Discovery filed by United States of America.
1
Exhibit A-July 19 email
2
Exhibit B-August 9 email
3
Exhibit C-August 7 email
4
Exhibit D-August 9 email
5
Exhibit E-August 1 email
5 Attachments
190
08/19/2013
REPLY to Response to Motion re 184 MOTION to Compel Defendants' Motion to Compel Expert Physician Related Discovery Defendants' Reply Supporting Motion to Compel Expert Physician Related Discovery filed by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
191
08/19/2013
REPLY to Response to Motion re 185 MOTION to Compel Defendants' Motion to Compel Requested Pivilege Log Information Defendants' Reply Supporting Motion to Compel Requested Privilege Log Information filed by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
192
08/20/2013
STATUS REPORT JOINT STATUS REPORT by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc. filed by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
193
08/21/2013
NOTICE by United States of America re 189 Response in Opposition to Motion, of Correction
08/22/2013
Minute Entry for proceedings held before Judge Karon O Bowdre: Status Conference held on 8/22/2013. (Court Reporter Teresa Roberson.) (Text entry; no document attached.)
194
08/23/2013
ORDER re 185 MOTION to Compel Defendants' Motion to Compel Requested Pivilege Log Information - the court WITHHOLDS RULING and CONTINUES the motion until the September 16, 2013 hearing to allow time for counsel to work out the issues among themselves AND 184 MOTION to Compel Defendants' Motion to Compel Expert Physician Related Discovery - The court GRANTS the motion regarding the depositions of the Governments four reviewing physicians, and ORDERS the Government to make the physicians available for deposition within 45 days; The court declares the motion MOOT regarding Dr. Liaos 2010 hospice eligibility opinions; The court WITHHOLDS RULING and CONTINUES the motion until the September 16, 2013 hearing. Signed by Judge Karon O Bowdre on 8/23/13. (SAC)
09/05/2013
ORDER The court ORDERS the parties to submit a Joint Status Report before the September 16, 2013 hearing re 184 and 185 Defendants' Motions to Compel. The Joint Status Report is due by September 11, 2013. Signed by Judge Karon O Bowdre on 09/05/2013. (Text entry; no document attached.)
09/05/2013
Joint Status Report due by 9/11/2013. Signed by Judge Karon O Bowdre on 9/5/13. (SAC) (Text entry; no document attached.)
195
09/11/2013
STATUS REPORT JOINT STATUS REPORT by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc. filed by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
09/16/2013
Minute Entry for proceedings held before Judge Karon O Bowdre: Motion Hearing (status conference) held on 9/16/2013. (Court Reporter Teresa Roberson.) (Text entry; no document attached.)
196
09/17/2013
ORDER As to Defendants Motion to Compel Requested Privilege Log Information (doc. 185), the court declares the motion now MOOT. As to Defendants Motion to Compel Expert Physician Related Discovery (doc. 184), portions of the motion have already been addressed in the courts previous Order (doc. 194). The court declares the remaining issues MOOT. Signed by Judge Karon O Bowdre on 9/17/13. (SAC)
197
09/18/2013
REVISED SCHEDULING ORDER Except for the deadlines changed in this Order, the courts June 27, 2013 Order (doc. 183), and the courts April 22, 2013 Order (doc. 180), the court's August 31, 2012 Scheduling Order (doc. 137) still controls this action; DATES NOTED within: Discovery due by 2/28/2014; Dispositive Motions due by 3/28/2014; Joint Status Report due by 11/7/2013 and 1/31/14; Status Conference set for 11/14/2013 at 10:00 AM in Hugo L Black US Courthouse, Birmingham, AL before Judge Karon O Bowdre; Status Conference set for 2/7/2014 at 1:30 PM in Hugo L Black US Courthouse, Birmingham, AL before Judge Karon O Bowdre. The case should be ready for Trial on November 3, 2014. Signed by Judge Karon O Bowdre on 9/18/13. (SAC)
198
09/20/2013
Joint MOTION to Amend/Correct Scheduling Order by United States of America.
09/20/2013
ORDER granting 198 Joint Motion to Amend Scheduling Order. The court GRANTS the joint motion and SETS a deadline of October 17, 2013 for Plaintiffs to supplement Dr. Perri's expert report based on the newly searchable documents and recently produced videos, and SETS a deadline of December 2, 2013 for Defendants to disclose experts in response to Dr. Perri's expert report. All other deadlines are still controlled by the court's previous Scheduling Orders issued on September 18, 2013 (doc. 197), June 27, 2013 (doc. 183), April 22, 2013 (doc. 180), and August 31, 2012 (doc. 137). Signed by Judge Karon O Bowdre on 09/20/2013. (Text entry; no document attached.)
199
09/24/2013
NOTICE of Appearance by Tiffany J deGruy on behalf of GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
200
09/24/2013
MOTION to Withdraw as Attorney Motion to Withdraw by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
09/24/2013
ORDER granting 200 Motion to Withdraw Cameron W. Ellis as counsel for AseraCare. Attorney Cameron W Ellis terminated. Signed by Judge Karon O Bowdre on 9/24/13. (Text entry; no document attached.)
201
09/24/2013
Transcript of Proceedings held on August 22, 2013, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson, RMR. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court forms/transcripts/Transcript Redaction Policy.pdf) See Transcript Redaction Policy Redaction Request due 10/15/2013. Redacted Transcript Deadline set for 10/25/2013. Release of Transcript Restriction set for 12/23/2013. (SAC) (Additional attachment(s) added on 9/25/2013: # 1 Certificate).
202
11/04/2013
NOTICE of Appearance by Eva U Gunasekera on behalf of United States of America
203
11/04/2013
NOTICE of Appearance by Renee Brooker on behalf of United States of America
204
11/07/2013
STATUS REPORT Joint Status Report by United States of America. filed by United States of America
11/07/2013
ORDER: Because of a conflict in the court's schedule and upon agreement of the parties, the court RESETS the TIME ONLY of the Status Conference set for 11/14/2013 at 10:00 AM to the SAME DAY at 03:30 PM in Hugo L Black US Courthouse, Birmingham, AL before Judge Karon O Bowdre. Signed by Judge Karon O Bowdre on 11/7/13. (Text entry; no document attached.)
11/14/2013
ORDER Pursuant to the discussion at the November 14, 2013 Status Conference and per agreement of the parties, the court extends the December 2, 2013 deadline for Defendants to disclose experts in response to Dr. Perri's expert report and SETS the deadline for December 16, 2013. All other deadlines are still controlled by the court's previous Scheduling Orders issued on September 18, 2013 (doc. 197), June 27, 2013 (doc. 183), April 22, 2013 (doc. 180), and August 31, 2012 (doc. 137). Signed by Judge Karon O Bowdre on 11/14/2013. (Text entry; no document attached.)
11/14/2013
Minute Entry for proceedings held before Judge Karon O Bowdre: Status Conference held on 11/14/2013. (Text entry; no document attached.)
205
11/25/2013
MOTION to Withdraw Attorney Nathan A. Fishbach from ECF Filings by GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
206
11/25/2013
AFFIDAVIT re 205 MOTION to Withdraw Attorney Nathan A. Fishbach from ECF Filings (Declaration of Andrew A. Jones) by GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc. filed by GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
11/25/2013
ORDER granting 205 Motion to Withdraw Attorney Nathan A. Fishbach as counsel of record for Defendants GGNSC Administrative Services, LLC, Hospice Preferred Choice, Inc., and Hospice of Eastern Carolina, Inc. Signed by Chief Judge Karon O Bowdre on 11/25/13. (Text entry; no document attached.)
207
12/02/2013
MOTION to Substitute Attorney by United States of America.
12/03/2013
ORDER granting 207 Motion to Substitute Attorney Jason Ehrlinspiel for Attorney Lloyd C. Peeples, III. Attorney Lloyd C. Peeples, III terminated. Signed by Chief Judge Karon O Bowdre on 12/3/13. (Text entry; no document attached.)
208
12/05/2013
MOTION for Leave to Appear pro hac vice by London Lewis, Roberta Manley, Debora Paradies.
1
certificate good standing
1 Attachment
12/05/2013
PHV Fee paid: $50.00 receipt number 1126-2066268--ALND receipt number B4601048826. Modified on 12/5/2013 (Text entry; no document attached.)
12/05/2013
ORDER granting 208 Motion for Admission of Mary C. Flanner pro hac vice. Counsel is advised that at least one attorney for each party may be required to be physically present at every hearing and status conference. Signed by Chief Judge Karon O Bowdre on 12/5/13. (Text entry; no document attached.)
209
12/10/2013
NOTICE of Appearance by Derek C Julius on behalf of United States of America
210
12/12/2013
MOTION to Withdraw Noah Reinstein by London Lewis, Roberta Manley, Debora Paradies.
12/12/2013
ORDER granting 210 Motion to Withdraw Noah Reinstein as attorney for Plaintiffs/Relators Debora Paradies, London Lewis, and Roberta Manley. Signed by Chief Judge Karon O Bowdre on 12/12/13. (Text entry; no document attached.)
211
01/02/2014
NOTICE of Appearance by Olga Yevtukhova on behalf of United States of America
212
01/03/2014
MOTION Supplement Expert Report Defendants' Motion to Supplement Expert Report by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
01/06/2014
ORDER The court resets the Status Conference previously scheduled for February 7, 2014 at 1:30 PM The Status Conference is now set on February 13, 2014, at 2:00 PM in Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Karon O Bowdre. Signed by Chief Judge Karon O Bowdre on 01/06/2014. (Text entry; no document attached.)
01/06/2014
Set/Reset Hearings: Status Conference set for 2/13/2014 at 02:00 PM, 5th floor jury room, Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Karon O Bowdre. (Text entry; no document attached.)
213
01/07/2014
Opposition to re 212 Defendants' Motion to Supplement Expert Report filed by United States of America.
1
Exhibit Attachments A & B
1 Attachment
01/08/2014
ORDER Motion Hearing set for 1/14/2014 02:00 PM in Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Karon O Bowdre. The court SETS a hearing on Defendants' "Motion to Supplement Expert Report" (doc. 212)for Tuesday, January 14, 2014 at 2:00 PM Any supplemental evidence that either party wishes to submit should be filed as soon as it is available. If the parties wish to submit a deposition as evidence, parties should designate specific portions of the deposition, as they would at trial. Signed by Chief Judge Karon O Bowdre on 01/08/2014. (Text entry; no document attached.)
214
01/10/2014
REPLY to re 212, 213 Defendants' Reply in Support of Motion to Supplement Expert Report filed by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
1
Exhibit A - Declaration of John W. Finn, M.D.
2
Exhibit B - List of Video Excerpts from Deposition of John W. Finn
2 Attachments
01/14/2014
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Motion Hearing held on 1/14/2014 re 212. Argument on the record. Written order to follow. (Court Reporter Teresa Roberson.) (Text entry; no document attached.)
215
01/15/2014
ORDER granting 212 Motion to Supplement Expert Report as noted within. Signed by Chief Judge Karon O Bowdre on 1/15/14. (SAC)
216
01/15/2014
REVISED SCHEDULING ORDER The court sets the following deadlines: Dr. Cooneys supplemental report is due by February 28, 2014; Dr. Cooneys deposition must be complete by March 31, 2014; All other Discovery due by 2/28/2014; Dispositive Motions due by 5/1/2014; Joint Status Report due by 1/31/2014; Trial set for 11/3/2014 at 9:00 AM in Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Karon O Bowdre; Status Conference set for 2/13/2014 at 2:00 PM in Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Karon O Bowdre. Signed by Chief Judge Karon O Bowdre on 1/15/14. (SAC) Modified on 1/15/2014
217
01/31/2014
STATUS REPORT Joint Status Report by United States of America. filed by United States of America
218
02/03/2014
MOTION for Protective Order DEFENDANTS' MOTION FOR PROTECTIVE ORDER by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
1
Exhibit 1 - Defendants' January 2014 Discovery Requests to Government
2
Exhibit 2 - US's Fifth Request for Production of Documents
3
Exhibit 3 - Excerpts from Dr. Liao's Deposition
4
Exhibit 4 - US's Requests for Admissions from Defendants
5
Exhibit 5 - US's Fourth Set of Interrogatories to Defendants
6
Exhibit 6 - Deposition of Mary Schultz
6 Attachments
219
02/10/2014
NOTICE of Appearance by Richard Aaron Chastain on behalf of Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
220
02/10/2014
RESPONSE in Opposition re 218 MOTION for Protective Order DEFENDANTS' MOTION FOR PROTECTIVE ORDER filed by United States of America.
1
Exhibit A
1 Attachment
221
02/12/2014
MOTION Leave to Supplement Expert Report Defendants' Motion for Leave to Supplement Expert Report of Dr. Chester I. Palmer by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
02/13/2014
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Status Conference held on 2/13/2014. (Court Reporter Teresa Roberson.) (Text entry; no document attached.)
02/14/2014
ORDER granting 221 Defendants Motion for Leave to SupplementExpert Report of Dr. Chester I. Palmer. Signed by Chief Judge Karon O Bowdre on 2/14/2014. (Text entry; no document attached.)
02/14/2014
ORDER Status Conference set for 3/31/2014 02:00 PM in Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Karon O Bowdre. Signed by Chief Judge Karon O Bowdre on 2/14/2014. (Text entry; no document attached.)
222
02/14/2014
ORDER re 218 Motion for Protective Order: Consistent with the court's discussion with the parties at the February 13, 2014 Status Conference, the court DENIES the motion and sets out rulings and deadlines as specified within. Signed by Chief Judge Karon O Bowdre on 2/14/14. (SAC)
03/31/2014
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Status Conference held on 3/31/2014. (Text entry; no document attached.)
03/31/2014
ORDER Telephone Conference set for 5/5/2014 03:00 PM in Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Karon O Bowdre. Parties should dial (205) 278-2186 to join and enter the access code. The access code can be obtained by calling chambers at (205) 278-1800. Signed by Chief Judge Karon O Bowdre on 3/31/2014. (Text entry; no document attached.)
223
04/25/2014
Transcript of Proceedings held on 1/14/14, before Judge Karon O. Bowdre. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 5/16/2014. Redacted Transcript Deadline set for 5/27/2014. Release of Transcript Restriction set for 7/24/2014.
1
Certification page
1 Attachment
224
04/25/2014
Transcript of Proceedings held on 2/13/14, before Judge Karon O. Bowdre. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 5/16/2014. Redacted Transcript Deadline set for 5/27/2014. Release of Transcript Restriction set for 7/24/2014.
1
Certification page
1 Attachment
225
04/25/2014
MOTION for Summary Judgment DEFENDANTS' MOTION FOR SUMMARY JUDGMENT by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
1
Appendix A - Appendix Cover Sheet
2
Exhibit 1 - The Medicare Hospice Benefit
3
Exhibit 2 - CMS's Program Memorandum
4
Exhibit 3 - The Physician Executive
5
Exhibit 4 - Melvin Deposition Excerpts
6
Exhibit 5 - Medicare Program Integrity Manual
7
Exhibit 6 - LCDs Create Inconsistency in Medicare Coverage
8
Exhibit 7 - Part I of III Parts
9
Exhibit 7 - Part II of III Parts
10
Exhibit 7 - Part III of III Parts
11
Exhibit 8 - Schultz Deposition Excerpts
12
Exhibit 9 - Notice of 30(b)(6) Deposition of US (CMS/Contractor)
13
Exhibit 10 - Palmetta GBA Training Manual
14
Exhibit 11 - Plaintiffs Second Supplemental Responses
15
Exhibit 12 - Miescke Report
16
Exhibit 13 - Palmer Report
17
Exhibit 14 - Plaintiffs First Supplemental Responses
18
Exhibit 15 - US's Respones to Defendants' Discovery
18 Attachments
226
04/25/2014
Brief re 225 MOTION for Summary Judgment DEFENDANTS' MOTION FOR SUMMARY JUDGMENT DEFENDANTS' BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT.
04/28/2014
ORDER The court acknowledges receipt of Defendants' Motion for Summary Judgment (doc. 225) but will wait until all dispositive motions have been filed to set a consolidated briefing schedule. Signed by Chief Judge Karon O Bowdre on 4/28/2014. (Text entry; no document attached.)
227
04/29/2014
MOTION to Seal DEFENDANTS' MOTION FOR LEAVE TO FILE UNDER SEAL by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
228
04/30/2014
MOTION to Withdraw as Attorney Olga Yevtukhova by United States of America.
04/30/2014
ORDER granting 227 Defendants' Motion for Leave to File Under Seal. The court GRANTS the motion; however, to the extent the documents can be filed openly with limited redactions, parties should do so in keeping with the open records policy of the court. Signed by Chief Judge Karon O Bowdre on 4/30/2014. (Text entry; no document attached.)
229
04/30/2014
MOTION for Partial Summary Judgment by Aseracare Inc.
1
Appendix A
2
Exhibit 16
3
Exhibit 17
4
Exhibit 18
5
Exhibit 19
6
Exhibit 20
7
Exhibit 21
8
Exhibit 22
8 Attachments
230
04/30/2014
Brief re 229 MOTION for Partial Summary Judgment Defendants' Brief in Support of Motion for Partial Summary Judgment.
04/30/2014
ORDER granting 228 Motion to Withdraw Olga Yevtukhova as Attorney for the United States. Attorney Olga Yevtukhova terminated. Signed by Chief Judge Karon O Bowdre on 4/30/14. (Text entry; no document attached.)
231
04/30/2014
MOTION Motion to Exclude Testimony of Dr. Klaus Miescke by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
1
Appendix A
2
Exhibit 23
3
Exhibit 24
4
Exhibit 25
5
Exhibit 26
6
Exhibit 27
7
Exhibit 28
7 Attachments
232
04/30/2014
Brief re 231 MOTION Motion to Exclude Testimony of Dr. Klaus Miescke Defendants' Brief in Support of Motion to Exclude Testimony of Dr. Klaus Miescke.
233
05/01/2014
MOTION Motion to Exclude Testimony of Dr. Solomon Liao by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
1
Appendix A
2
Exhibit 29
3
Exhibit 30
4
Exhibit 31
5
Exhibit 32
6
Exhibit 33
7
Exhibit 34
8
Exhibit 35
9
Exhibit 36
10
Exhibit 37
11
Exhibit 38
12
Exhibit 39
13
Exhibit 40
14
Exhibit 41
15
Exhibit 42
16
Exhibit 43
17
Exhibit 44
17 Attachments
234
05/01/2014
Brief re 233 MOTION Motion to Exclude Testimony of Dr. Solomon Liao Defendants' Brief in Support of Motion to Exclude Testimony of Dr. Solomon Liao.
235
05/01/2014
MOTION Motion to Exclude Testimony of Dr. Matthew Perri by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
1
Appendix A
2
Exhibit 45
3
Exhibit 46
4
Exhibit 47
5
Exhibit 48
5 Attachments
236
05/01/2014
Brief re 235 MOTION Motion to Exclude Testimony of Dr. Matthew Perri Defendants' Brief in Support of Motion to Exclude Testimony of Dr. Matthew Perri.
237
05/01/2014
MOTION for Partial Summary Judgment by United States of America.
1
Appendix Appendix A
2
Exhibit Exhibit A
3
Exhibit Exhibit B
4
Exhibit Exhibit C
5
Exhibit Exhibit D
5 Attachments
238
05/01/2014
Brief re 237 MOTION for Partial Summary Judgment.
239
05/01/2014
MOTION in Limine to Exclude at Trial Expert Opinions of Three of AseraCare's Seven Designated Expert Witnesses by United States of America.
1
Appendix List of Exhibits
2
Exhibit A
3
Exhibit B
4
Exhibit C
5
Exhibit D
6
Exhibit E
7
Exhibit F
8
Exhibit G
9
Exhibit H
10
Exhibit I
11
Exhibit J
12
Exhibit K
13
Exhibit L
14
Exhibit M
15
Exhibit N
16
Exhibit O
17
Exhibit P
18
Exhibit Q
19
Exhibit R
19 Attachments
240
05/01/2014
Brief re 239 MOTION in Limine to Exclude at Trial Expert Opinions of Three of AseraCare's Seven Designated Expert Witnesses.
245
05/05/2014
NOTICE by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc. re 226 Brief DEFENDANTS' NOTICE OF TWO CORRECTIONS TO BRIEF
05/05/2014
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Telephone Conference held on 5/5/2014. Written order to follow. (Text entry; no document attached.)
246
05/07/2014
BRIEFING SCHEDULE The United States' combined response to Defendants' motions noted within will be due June 20, 2014 and the argument should not exceed 60 pages in length. Defendants' reply will be due July 11, 2014 and the argument should not exceed 45 pages in length. Defendants' combined response to the United States' motions noted within will be due June 20, 2014 and the argument should not exceed 50 pages in length. The United States' reply will be due July 11, 2014 and the argument should not exceed 30 pages in length. Signed by Chief Judge Karon O Bowdre on 5/7/14. (SAC)
247
05/28/2014
MOTION to Seal Defendants' Motion to Seal Exhibit and To Grant Leave To File Further Redacted Replacement by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
05/28/2014
ORDER granting 247 Motion to Seal. The court GRANTS the motion and DIRECTS the Clerk of Court to SEAL document 231-7. The court also GRANTS permission for Defendants to file a redacted replacement exhibit as a separate document to be associated with document 231. Signed by Chief Judge Karon O Bowdre on 5/28/2014. (Text entry; no document attached.)
248
05/28/2014
NOTICE by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc. re Order on Motion to Seal, Defendants' Notice of Filing Further Redacted Replacement Exhibit
1
Exhibit 28
1 Attachment
249
06/20/2014
RESPONSE in Opposition re 237 MOTION for Partial Summary Judgment filed by GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
250
06/20/2014
RESPONSE in Opposition re 239 MOTION in Limine to Exclude at Trial Expert Opinions of Three of AseraCare's Seven Designated Expert Witnesses filed by GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
1
Appendix Exhibit List
2
Exhibit Exhibit 49
3
Exhibit Exhibit 50
4
Exhibit Exhibit 51
4 Attachments
251
06/21/2014
RESPONSE in Opposition re 229 MOTION for Partial Summary Judgment, 231 MOTION Motion to Exclude Testimony of Dr. Klaus Miescke, 225 MOTION for Summary Judgment DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, 233 MOTION Motion to Exclude Testimony of Dr. Solomon Liao, 235 MOTION Motion to Exclude Testimony of Dr. Matthew Perri filed by United States of America.
1
Appendix A-Exhibit List
2
Exhibit 1
3
Exhibit 2
4
Exhibit 3
5
Exhibit 4
6
Exhibit 5
7
Exhibit 6
8
Exhibit 7
9
Exhibit 8
10
Exhibit 9
11
Exhibit 10 (Part 1)
12
Exhibit 10 (Part 2)
13
Exhibit 11
14
Exhibit 12 (Part 1)
15
Exhibit 12 (Part 2)
16
Exhibit 13
17
Exhibit 14
18
Exhibit 15
19
Exhibit 16
20
Exhibit 17
21
Exhibit 18
22
Exhibit 19 (Part 1)
23
Exhibit 19 (Part 2)
24
Exhibit 20
25
Exhibit 21
26
Exhibit 22
27
Exhibit 23
28
Exhibit 24
29
Exhibit 25
30
Exhibit 26
31
Exhibit 27
32
Exhibit 28
33
Exhibit 29
34
Exhibit 30
35
Exhibit 31
36
Exhibit 32
37
Exhibit 33
38
Exhibit 34 (Part 1)
39
Exhibit 34 (Part 2)
40
Exhibit 34 (Part 3)
41
Exhibit 35
42
Exhibit 36
43
Exhibit 37
44
Exhibit 38
45
Exhibit 39 (Part 1)
46
Exhibit 39 (Part 2)
47
Exhibit 40
48
Exhibit 41
49
Exhibit 42
50
Exhibit 43
51
Exhibit 44
52
Exhibit 45
53
Exhibit 46
54
Exhibit 47
55
Exhibit 48
56
Exhibit 49
57
Exhibit 50
58
Exhibit 51
59
Exhibit 52
60
Exhibit 53
61
Exhibit 54
62
Exhibit 55
63
Exhibit 56
64
Exhibit 57
65
Exhibit 58
66
Exhibit 59
67
Exhibit 60
68
Exhibit 61
69
Exhibit 62 (Part 1)
70
Exhibit 62 (Part 2)
71
Exhibit 63
72
Exhibit 64
73
Exhibit 65
74
Exhibit 66
75
Exhibit 67
76
Exhibit 68
77
Exhibit 69
78
Exhibit 70
79
Exhibit 71
80
Exhibit 72
81
Exhibit 73
82
Exhibit 74
83
Exhibit 75
84
Exhibit 76
85
Exhibit 77
86
Exhibit 78
87
Exhibit 79
88
Exhibit 80
89
Exhibit 81
90
Exhibit 82
91
Exhibit 83
92
Exhibit 84
93
Exhibit 85
94
Exhibit 86
95
Exhibit 87
96
Exhibit 88
97
Exhibit 89
98
Exhibit 90
99
Exhibit 91
100
Exhibit 92
101
Exhibit 93
102
Exhibit 94
103
Exhibit 95
104
Exhibit 96
105
Exhibit 97
106
Exhibit 98
107
Exhibit 99
108
Exhibit 100
109
Exhibit 101
110
Exhibit 102
111
Exhibit 103
112
Exhibit 104
113
Exhibit 105
114
Exhibit 106
115
Exhibit 107
116
Exhibit 108
116 Attachments
252
06/26/2014
NOTICE by United States of America re 251 Response in Opposition to Motion, Supplement - Exhibit 33
1
Exhibit 33
1 Attachment
254
07/11/2014
REPLY Brief filed by Defendants GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc. re: 233 MOTION Motion to Exclude Testimony of Dr. Solomon Liao, 251 Response in Opposition to Motion, 229 MOTION for Partial Summary Judgment, 235 MOTION Motion to Exclude Testimony of Dr. Matthew Perri, 231 MOTION Motion to Exclude Testimony of Dr. Klaus Miescke, 225 MOTION for Summary Judgment DEFENDANTS' MOTION FOR SUMMARY JUDGMENT filed by GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
1
Appendix A (Exhibit List)
2
Exhibit 52
3
Exhibit 53
4
Exhibit 54
5
Exhibit 55
5 Attachments
255
07/11/2014
REPLY Brief filed by Plaintiff United States of America re: 237 MOTION for Partial Summary Judgment, 239 MOTION in Limine to Exclude at Trial Expert Opinions of Three of AseraCare's Seven Designated Expert Witnesses filed by United States of America.
256
08/06/2014
NOTICE of Appearance by Jeffrey Wertkin on behalf of United States of America
09/02/2014
NOTICE : Telephone Conference set for Monday, September 8, 2014 at 10:00 AM, Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Karon O Bowdre. The call in number is (205) 278-2186. The parties have been provided the access code by e-mail. (Text entry; no document attached.)
09/08/2014
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Telephone Conference held on 9/8/2014. (Text entry; no document attached.)
257
09/12/2014
MOTION to Withdraw as Attorney by United States of America.
258
09/12/2014
TEXT ORDER granting 257 Motion to Withdraw as Attorney. Attorney Derek C Julius terminated. Signed by Chief Judge Karon O Bowdre on 9/12/2014.
259
09/12/2014
ORDER Setting Motion Hearing for Tuesday, October 28, 2014 at 09:00 AM, CR 5A, Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Karon O Bowdre. Signed by Chief Judge Karon O Bowdre on 9/12/2014.
260
09/12/2014
ORDER Setting Pretrial Conference set for Thursday, December 11, 2014 at 10:30 AM, fifth floor chambers, Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Karon O Bowdre. Counsel should pay close attention to the requirement of presenting a joint proposed pretrial order to the court on or before December 5, 2014. The court anticipates that this case will be scheduled for trial on Monday, February 2, 2015 at 9:00AM in Birmingham, Alabama. Signed by Chief Judge Karon O Bowdre on 9/12/2014.
261
10/10/2014
NOTICE of Supplemental Authority by United States of America
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Exhibit D
4 Attachments
262
10/14/2014
MOTION To Exclude Dr. Perri's Untimely Supplemental Report Defendants' Motion to Exclude Dr. Perri's Untimely Supplemental Report by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
1
Exhibit A - Perri Searches [Part 1 of 2]
2
Exhibit A - Perri Searches [Part 2 of 2]
3
Exhibit B - September 2014 Report
4
Exhibit C - Redline of Perri Report [Part 1 of 3]
5
Exhibit C - Redline of Perri Report [Part 2 of 3]
6
Exhibit C - Redline of Perri Report [Part 3 of 3]
7
Exhibit D - Cover Letter for September 2014 Report
7 Attachments
263
10/16/2014
Consent MOTION for Extension of Time to File Response/Reply as to 262 MOTION To Exclude Dr. Perri's Untimely Supplemental Report Defendants' Motion to Exclude Dr. Perri's Untimely Supplemental Report by United States of America.
264
10/17/2014
TEXT ORDER granting 263 "Motion for Extension of Time." Plaintiff United States has until October 24, 2014 to respond to Defendant AseraCare's 262 "MOTION To Exclude Dr. Perri's Untimely Supplemental Report." Signed by Chief Judge Karon O Bowdre on 10/17/2014.
265
10/22/2014
TEXT ORDER rescheduling October 28, 2014 Motion Hearing 259. The motion hearing will be reset to a new date by separate order. Signed by Chief Judge Karon O Bowdre on 10/22/2014.
266
10/23/2014
TEXT ORDER RESETTING Motion Hearing. The motion hearing originally set for Tuesday, October 28th is RESET for Monday, November 17, 2014 at 09:00 AM, CR 5A, Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Karon O Bowdre. Signed by Chief Judge Karon O Bowdre on 10/23/2014.
267
10/24/2014
RESPONSE in Opposition re 262 MOTION To Exclude Dr. Perri's Untimely Supplemental Report Defendants' Motion to Exclude Dr. Perri's Untimely Supplemental Report filed by United States of America.
1
Exhibit A
1 Attachment
11/17/2014
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Motion Hearing held on 11/17/2014 re 225, 229, 231, 233, 235, 237, 239 and 262. Preliminary matters discussed; parties address the court re: multiple motions. Oral rulings made as stated on the record. Written orders to follow. (Court Reporter Teresa Roberson.) (Text entry; no document attached.)
268
12/04/2014
MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 12/4/14. (SAC)
269
12/04/2014
*** VACATED per 278 Amended Order *** ORDER This matter comes before the court on the following motions by the parties: 225 AseraCare's Motion for Summary Judgment; 229 AseraCare's Motion for Partial Summary Judgment; 231 AseraCare's Motion to Exclude Testimony of Dr. Klaus Miescke; 233 AseraCare's Motion to Exclude Testimony of Dr. Solomon Liao; 235 AseraCare's Motion to Exclude Testimony of Dr. Matthew Perri; 237 The Government's Motion for Partial Summary Judgment; 239 The Government's Motion in Limine to Exclude at Trial Expert Opinions of Three of AseraCare's Seven Designated Expert Witnesses; and 262 AseraCare's Motion to Exclude Dr. Perris Untimely Supplemental Report. For the reasons discussed in the court's Memorandum Opinion, filed concurrently with this Order, the court GRANTS AseraCare's motion to exclude Dr. Perri, (Doc. 235); GRANTS AseraCare's motion to exclude Dr. Perri's supplemental report, (Doc. 262); GRANTS the Government's motion for partial summary judgment, (Doc. 237), only as to AseraCare's statute of limitations and laches defenses; and DENIES all the other motions. (Doc. 225; Doc. 229; Doc. 231; Doc. 233; Doc. 237; Doc. 239). Signed by Chief Judge Karon O Bowdre on 12/4/14. (SAC) Modified on 12/19/2014.
270
12/09/2014
NOTICE of Appearance by Matthew H Lembke on behalf of GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
271
12/10/2014
MOTION For Certification Pursuant o 28 U.S.C. Section 1292(b) re 268 Memorandum Opinion, 269 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment, Order on Motion for Miscellaneous Relief, Order on Motion in Limine, Defendants' Motion for Certification Pursuant to 28 U.S.C. Section 1292(b) by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
272
12/10/2014
Brief re 271 MOTION For Certification Pursuant o 28 U.S.C. Section 1292(b) re 268 Memorandum Opinion, 269 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment, Order on Motion for Miscellaneous Relief, Order on Motion in Li Defendants' Memorandum of Law in Support of Motion for Certification Pursuant to 28 U.S.C. Section 1292(b).
12/11/2014
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Initial Pretrial Conference held on 12/11/2014. (Court Reporter Teresa Roberson.) (Text entry; no document attached.)
273
12/11/2014
ORDER Setting Status Conference by Telephone for Monday, January 5, 2015 at 10:00 AM central time before Chief Judge Karon O Bowdre. The phone number to participate in the conference is (205) 278-2186. The parties should call Chief Judge Bowdre's chambers (205) 278-1800 to obtain the access code. Signed by Chief Judge Karon O Bowdre on 12/11/2014.
274
12/12/2014
ORDER SETTING BRIEFING SCHEDULE re 271 Motion for Certification Pursuant to 28 U.S.C. § 1292(b)- The plaintiff's response, if any, will be due Tuesday, December 16, 2014. Signed by Chief Judge Karon O Bowdre on 12/12/14.
275
12/16/2014
RESPONSE in Opposition re 271 MOTION For Certification Pursuant o 28 U.S.C. Section 1292(b) re 268 Memorandum Opinion, 269 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment, Order on Motion for Miscellaneous Relief, Order on Motion in Li filed by United States of America.
276
12/17/2014
PRETRIAL ORDER. The provisions set out shall be binding on all parties unless modified by further order for good cause shown. This case is set for trial to begin on Monday, February 2, 2015, at 9:00 AM, Courtroom 5A, Hugo L Black US Courthouse, Birmingham, Alabama and will take approximately 50 days to try. Signed by Chief Judge Karon O Bowdre on 12/17/2014.
1
https://ecf.alnd.uscourts.gov/doc1/01913750042" onClick="goDLS{{'/doc1/01913750042','140754','935','','2','1','',''}};">1</a> Exhibit A)
1 Attachment
12/17/2014
Set/Reset Hearings: Jury Trial set for Monday, February 2, 2015 at 09:00 AM, CR 5A, Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Karon O Bowdre. (Text entry; no document attached.)
277
12/19/2014
ORDER The court GRANTS AseraCare's motion (doc. 271), and will vacate its prior Order, (Doc. 269), and substitute in its place a new Order certifying this single issue for interlocutory appeal. Signed by Chief Judge Karon O Bowdre on 12/19/14. (SAC)
278
12/19/2014
AMENDED ORDER The court VACATES its December 4, 2014 Order, (Doc. 269), and SUBSTITUTES this Order. For the reasons stated at the hearing and discussed in the courts Memorandum Opinion, (Doc. 268), the court GRANTS AseraCare's motion to exclude Dr. Perris testimony, (Doc. 235); GRANTS AseraCare's motion to exclude Dr. Perri's supplemental report, (Doc. 262); GRANTS the Government' motion for partial summary judgment, (Doc. 237), only as to AseraCare's statute of limitations and laches defenses; and DENIES all the other motions. (Doc. 225; Doc. 229; Doc. 231; Doc. 233; Doc. 237; Doc. 239). Signed by Chief Judge Karon O Bowdre on 12/19/14. (SAC)
279
12/22/2014
Consent MOTION to Continue Consent Motion to Continue Trial Date and To Stay Deadlines in Pretrial Order by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
1
Exhibit A - Petition (Part 1 of 2 Parts)
2
Exhibit A - Petition (Part 2 of 2 Parts)
2 Attachments
280
12/23/2014
TEXT ORDER. Upon due consideration and agreement by the parties, the court GRANTS Defs' Consent Motion 279, continues the trial in this matter and stays all deadlines contained in the court's pretrial order (doc 276). Further, the court CANCELS the telephone status conference set for Monday, January 5, 2015. Signed by Chief Judge Karon O Bowdre on 12/23/2014.
281
12/30/2014
MOTION to Withdraw as Attorney Carrie M. Motes by London Lewis, Roberta Manley, Debora Paradies.
282
12/31/2014
TEXT ORDER granting 281 Motion to Withdraw as Attorney. Attorney Carrie M Motes terminated. Signed by Chief Judge Karon O Bowdre on 12/31/2014.
283
01/05/2015
STATUS REPORT STATUS REPORT AND NOTICE OF FILING by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc. filed by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
1
Exhibit A - Motion to File Amicus Curiae Brief [ Part 1 of 2 Parts]
2
Exhibit A - Motion to File Amicus Curiae Brief [Part 2 of 2 Parts]
2 Attachments
284
02/24/2015
MOTION to Withdraw Counsel by United States of America.
285
02/24/2015
ORDER granting 284 Motion to Withdraw Jason Ehrlinspiel as counsel for the United States. Signed by Chief Judge Karon O Bowdre on 2/24/15.
286
04/17/2015
Joint MOTION for Scheduling Conference by United States of America.
1
Exhibit A
1 Attachment
287
04/17/2015
ORDER. The court GRANTS 286 and sets the matter for a Scheduling Conference on Friday, April 24, 2015 at 04:00 PM, fifth floor jury room, Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Karon O Bowdre. Local counsel are to attend in person. Out-of-state counsel may participate by telephone. The call-in number is (205) 278-2186. Please contact chambers at (205) 278-1800 to obtain the access code. A Joint Status Report due by noon on Friday, April 24, 2015. Signed by Chief Judge Karon O Bowdre on 4/17/2015.
288
04/22/2015
MOTION to Bifurcate by Aseracare Inc.
1
Exhibit A
1 Attachment
289
04/22/2015
MOTION Pretrial Charge Conference Defendants' Motion for Pretrial Charge Conference to Determine Falsity Jury Instructions by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
290
04/23/2015
STATUS REPORT Joint Status Report by United States of America. filed by United States of America
04/24/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Scheduling Conference held on 4/24/2015. (Court Reporter Julie Martin.) (Text entry; no document attached.)
291
04/27/2015
ORDER Setting Briefing Schedule and Motion Hearing re: 288. The plaintiffs' response will be due by Monday, May 11, 2015. Defendants' reply will be due by Monday, May 18, 2015. Said motion is set for a hearing on Tuesday, May 26, 2015 at 01:30 PM, CR 5A, Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Karon O Bowdre. Signed by Chief Judge Karon O Bowdre on 4/27/2015.
292
04/27/2015
AMENDED PRETRIAL ORDER. The provisions set out shall be binding on all parties unless modified by further order for good cause shown. This case is set for jury trial in Birmingham, Alabama on July 27, 2015. Counsel reasonably anticipate the case should take at least 50 trial days. Signed by Chief Judge Karon O Bowdre on 4/27/2015.
1
https://ecf.alnd.uscourts.gov/doc1/01913855601" onClick="goDLS{{'/doc1/01913855601','140754','983','','2','1','',''}};">1</a> Exhibit A)
1 Attachment
04/27/2015
Set/Reset Hearings: Jury Trial set to begin on Monday, July 27, 2015 at 09:00 AM CR 8, Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Karon O Bowdre. (Text entry; no document attached.)
293
04/27/2015
SECOND AMENDED PRETRIAL ORDER. The provisions set out shall be binding on all parties unless modified by further order for good cause shown. This case is set for jury trial in Birmingham, Alabama to begin on August 3, 2015. Counsel reasonably anticipate the case should take at least 50 trial days. Signed by Chief Judge Karon O Bowdre on 4/27/2015.
1
https://ecf.alnd.uscourts.gov/doc1/01913855873" onClick="goDLS{{'/doc1/01913855873','140754','987','','2','1','',''}};">1</a> Exhibit A)
1 Attachment
04/27/2015
Set/Reset Hearings: Jury Trial set for Monday, August 3, 2015 at 09:00 AM, CR 8, Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Karon O Bowdre. (Text entry; no document attached.)
294
05/05/2015
Transcript of Proceedings held on April 24, 2015, before Judge Bowdre. Court Reporter/Transcriber Julie Martin. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 5/26/2015. Redacted Transcript Deadline set for 6/5/2015. Release of Transcript Restriction set for 8/3/2015. (SAC)
295
05/11/2015
RESPONSE in Opposition re 288 MOTION to Bifurcate filed by United States of America.
1
Exhibit 1
2
Exhibit 2
3
Exhibit 3
3 Attachments
296
05/18/2015
REPLY Brief filed by Defendants Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc. re: 288 MOTION to Bifurcate Defendants' Reply Brief in Support of Motion to Bifurcate Trial filed by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
1
Exhibit A
1 Attachment
297
05/19/2015
Transcript of Proceedings held on December 11, 2014, before Judge Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 6/9/2015. Redacted Transcript Deadline set for 6/19/2015. Release of Transcript Restriction set for 8/17/2015.
1
Cert Page
1 Attachment
298
05/20/2015
ORDER the court GRANTS 288 motion to bifurcate and BIFURCATES the trial into two phases: the first phase will address the falsity element of the Government's FCA claim, and the second phase will address the other elements of the Governments FCA claim and all other claims. Each phase will have separate opening statements, presentations of evidence, closing arguments, jury charges, and verdicts. The same jury will sit in both phases. Signed by Chief Judge Karon O Bowdre on 5/20/15. (SAC)
299
05/20/2015
ORDER The court CONVERTS the motion hearing set for Tuesday, May 26, 2015 at 1:30 PM, Courtroom 5A to a status conference set for Tuesday, May 26, 2015 at 1:30 PM, Courtroom 5A. Signed by Chief Judge Karon O Bowdre on 5/20/15. (SAC)
300
05/25/2015
MOTION to clarify the Court's Order on Bifurcation by United States of America.
301
05/26/2015
Transcript of Proceedings held on November 17, 2014, before Judge Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 6/16/2015. Redacted Transcript Deadline set for 6/26/2015. Release of Transcript Restriction set for 8/24/2015. **Transcript put on SEALED per T. Roberson's instruction** Modified on 5/26/2015.
05/26/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Status Conference held on 5/26/2015. Order resetting certain pretrial deadlines as discussed during the conference to follow. (Court Reporter Teresa Robertson.) (Text entry; no document attached.)
302
05/27/2015
ORDER This matter comes before the court on Plaintiff United States of America's "Request for Clarification." (Doc. 300). For the reasons explained by the court at the Tuesday, May 26, 2015 status conference, the court DENIES AS MOOT the Government's request. Signed by Chief Judge Karon O Bowdre on 5/27/15. (SAC)
303
05/27/2015
ORDER 293 Second Amended Pretrial Order is AMENDED as noted within. Signed by Chief Judge Karon O Bowdre on 5/27/15. (SAC)
304
05/28/2015
Transcript of Proceedings held on May 26, 2015, before Judge Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 6/18/2015. Redacted Transcript Deadline set for 6/28/2015. Release of Transcript Restriction set for 8/26/2015.
1
Certification Page
1 Attachment
305
06/01/2015
Transcript of Proceedings held on November 17, 2014, before Judge Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 6/22/2015. Redacted Transcript Deadline set for 7/2/2015. Release of Transcript Restriction set for 8/30/2015.
1
Certification Page
1 Attachment
306
06/01/2015
NOTICE by United States of America re 301 Transcript, Redactions
307
06/09/2015
SEALED ORDER Signed by Chief Judge Karon O Bowdre on 6/9/15.
308
06/10/2015
MOTION for Reconsideration re 298 Order on Motion to Bifurcate, by United States of America.
1
Exhibit A
2
Exhibit B
3
Exhibit C
3 Attachments
309
06/17/2015
Proposed Jury Instructions by United States of America.
310
06/17/2015
NOTICE of Appearance by Don B Long, III on behalf of United States of America
311
06/23/2015
Evidentiary Material Defendants' Deposition Designations.
312
06/23/2015
Witness List Defendants' Rule 26(a)(3) Disclosures by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
1
Exhibit 1 - Trial Witness List
2
Exhibit 2 - Trial Exhibit List
2 Attachments
313
06/23/2015
NOTICE by United States of America of filing Witness List, Expert Witness List, Trial Exhibit List
1
Exhibit Witness List
2
Exhibit Expert Witness List
3
Exhibit Trial Exhibit List
3 Attachments
314
06/25/2015
MEMORANDUM OPINION re 308 Motion for Reconsideration - The United States has not set forth facts or law to persuade the court to reverse its prior order granting AseraCare's motion for bifurcation; the court DENIES the United States' Motion for Reconsideration. Signed by Chief Judge Karon O Bowdre on 6/25/15. (SAC)
315
06/26/2015
ORDER. Final Pretrial Conference set for Wednesday, July 22, 2015 at 10:00 AM, eighth floor chambers, Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Karon O Bowdre. Jury Trial set for Monday, August 3, 2015 at 09:00 AM, CR 8, Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Karon O Bowdre. Signed by Chief Judge Karon O Bowdre on 6/26/2015.
316
06/26/2015
TEXT ORDER. Any responses to Motions In Limine are due by July 20, 2015. Signed by Chief Judge Karon O Bowdre on 6/26/2015.
317
07/02/2015
DAMAGE list of United States of America filed.
318
07/02/2015
Consent MOTION for Leave to File Supplement to Exhibit List by United States of America.
1
Exhibit A
1 Attachment
319
07/06/2015
Consent MOTION Juror Notebooks Consent Motion for Juror Notebooks by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
320
07/07/2015
Consent MOTION to Amend/Correct MOTION TO AMEND THE PRETRIAL ORDER by United States of America.
321
07/07/2015
ORDER granting 318 Consent Motion to Supplement Exhibit List. Signed by Chief Judge Karon O Bowdre on 07/07/2015.
322
07/07/2015
ORDER. Deadline to file special written jury procedures is July 10, 2015. A Status Conference is set for Tuesday, July 14, 2015 at 02:00 PM, fifth floor jury room, Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Karon O Bowdre. The court will address the parties' requests for special written voir dire, jury procedures, and requests for juror notebooks at that time. Signed by Chief Judge Karon O Bowdre on 7/7/2015.
323
07/08/2015
ORDER Setting Second Final Pretrial Conference for Thursday, July 30, 2015 at 02:00 PM, eighth floor jury room, Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Karon O Bowdre. At this conference, the court will take up any remaining issues that have not been resolved in prior conferences. Signed by Chief Judge Karon O Bowdre on 7/8/2015.
324
07/08/2015
NOTICE by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc. Defendants' Counter-Designations and Objections to Deposition Designations Proposed by the Government
1
Exhibit A -- Dr. John Finn Deposition Designations
1 Attachment
325
07/08/2015
Objections and Cross Designations to Defendants' Deposition Designations by United States of America
1
Exhibit A
2
Exhibit B
2 Attachments
326
07/09/2015
ORDER re 320 The United States' Consent Motion to Amend the Pretrial Order- The second amended pretrial order, (doc 293), is amended to add Eva Gunasekera, United States Department of Justice, and Don Long III, Assistant United States Attorney, as additional trial counsel for the Plaintiff, United States of America. Signed by Chief Judge Karon O Bowdre on 7/9/15. (SAC)
327
07/10/2015
Proposed Voir Dire by Aseracare Inc.
1
Exhibit A
1 Attachment
328
07/10/2015
NOTICE by United States of America Correction to Dr. Finn Designations
329
07/10/2015
MOTION in Limine Defendants' Motion in Limine to Exclude All Evidence from Phase One that Lacks a Sufficient Nexus to the 123 Allegedly Ineligible Sample Patients by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
1
Appendix A
1 Attachment
330
07/10/2015
Proposed Voir Dire by United States of America.
1
Exhibit A (Proposed Juror Questionnaire)
2
Exhibit B (Proposed Cover Sheet)
2 Attachments
331
07/13/2015
MOTION in Limine Defendants' Motion in Limine to Exclude Undisclosed Expert Opinions and Government Exhibits 300A--300E by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
1
Exhibit A
1 Attachment
332
07/13/2015
MOTION in Limine Defendants' Motion in Limine to Exclude the AdvanceMed Loss Calculations Exhibits and Associated Testimony by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
1
Exhibit A - Redacted
2
Exhibit B
3
Exhibit C
4
Exhibit D
4 Attachments
333
07/13/2015
MOTION in Limine Defendants' Motion in Limine to Exclude Testimony of Katherine Lucas by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
1
Exhibit A
1 Attachment
334
07/13/2015
MOTION in Limine Defendants' Motion in Limine to Exclude Undisclosed Expert Opinions and Audit "Summary" Exhibits by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
1
Exhibit A - Redacted
2
Exhibit B - Redacted
3
Exhibit C
3 Attachments
335
07/13/2015
MOTION in Limine Defendants' Motion in Limine to Exclude Trial Testimony by Three Nonparty Fact Witnesses by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
1
Exhibit A
2
Exhibit B
2 Attachments
336
07/13/2015
MOTION in Limine THE UNITED STATES OMNIBUS MOTION IN LIMINE by United States of America.
1
Exhibit A
2
Exhibit B
2 Attachments
337
07/13/2015
MOTION in Limine Defendants' Motion in Limine to Exclude Government's New Palmetto Analysis by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
1
Exhibit A
1 Attachment
338
07/13/2015
NOTICE by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc. Joint Stipulations
339
07/13/2015
MOTION in Limine Defendants' Motion in Limine to Exclude Non-Physicians' Opinions on Terminal Illness by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
340
07/13/2015
MOTION in Limine Defendants' Motion in Limine to Exclude Excelas Evidence by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Exhibit D - Redacted
4 Attachments
341
07/13/2015
MOTION in Limine Defendants' Motion in Limine to Exclude The Corridor Group Reports by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
1
Exhibit A
2
Exhibit B
3
Exhibit C
3 Attachments
342
07/13/2015
MOTION in Limine Defendants' Omnibus Motion in Limine by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Exhibit D
4 Attachments
07/14/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Status Conference held on 7/14/2015. Court grants motions 327 and 330 as stated on the record. Discussions about special jury proceedings, etc. (Court Reporter Teresa Roberson.) (Text entry; no document attached.)
343
07/16/2015
Response to 325 the Government's Objections to Defendants' Deposition Designations by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
1
Exhibit A - Chao v. Tyson
1 Attachment
344
07/20/2015
OPPOSITION to 335 Motion in Limine to Exclude Trial Testimony by Three Nonparty Fact Witnesses filed by United States of America.
1
Exhibit 1 - Defendant's Trial Exhibit 226 (Relator Agreement)
1 Attachment
345
07/20/2015
OPPOSITION to 339 MOTION in Limine to Exclude Non-Physicians' Opinions on Terminal Illness filed by United States of America.
346
07/20/2015
MOTION for Leave to File Opposition Brief in Excess of 30 Pages by United States of America.
1
Exhibit United States Opposition to Defendants' First Motion in Limine (ECF No. 329)
1 Attachment
347
07/20/2015
OPPOSITION to 331 Motion in Limine to Exclude Government Exhibits 300A--300E and Related Testimony filed by United States of America.
1
Exhibit 1
2
Exhibit 2
3
Exhibit 3
3 Attachments
348
07/20/2015
OPPOSITION to 336 Omnibus Motion in Limine filed by Aseracare Inc.
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Exhibit D
5
Exhibit E
5 Attachments
349
07/20/2015
OBJECTIONS to the Government's Exhibit List by GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
1
Exhibit A
1 Attachment
350
07/20/2015
ORDER-re: Unopposed Motion for Leave to File Opposition Brief in Excess of 30 Pages 346. The court GRANTS the motion for leave to file a brief in excess of 30 pages. However, the court DENIES the motion as it relates to directing the Clerk to enter the exhibit attached to its motion as a separate docket entry. The court DIRECTS the United States to file its response to Dft's motion in limine with the Clerk. Signed by Chief Judge Karon O Bowdre on 7/20/2015.
351
07/20/2015
OPPOSITION to 329 Motion in Limine to Exclude All Evidence from Phase One that Lacks a Sufficient Nexus to the 123 Allegedly Ineligible Sample Patients filed by United States of America.
352
07/20/2015
OPPOSITION to 334 Motion in Limine to Exclude Audit Summary Exhibits and Related Testimony filed by United States of America.
1
Exhibit #1
2
Exhibit #2
2 Attachments
353
07/20/2015
OPPOSITION to 332 Motion in Limine to Exclude the AdvanceMed Loss Calculations and Associated Testimony filed by United States of America.
1
Exhibit 1
2
Exhibit 2
3
Exhibit 3
3 Attachments
354
07/20/2015
OPPOSITION to 333 Motion in Limine < to Exclude Testimony of Katherine Lucas filed by United States of America.
355
07/20/2015
OPPOSITION to 341 Motion in Limine to Exclude The Corridor Group Reports filed by United States of America.
1
Exhibit 1
2
Exhibit 2
3
Exhibit 3
4
Exhibit 4
5
Exhibit 5
5 Attachments
356
07/20/2015
Notice of Filing Objections to Defendants' Trial Exhibits by United States of America.
1
Exhibit 1 - Objections to Defendants' Exhibits
1 Attachment
357
07/20/2015
OPPOSITION to 337 Motion in Limine to Exclude Palmetto Summary Exhibits filed by United States of America.
1
Exhibit A
1 Attachment
358
07/20/2015
OPPOSITION to 335 Motion in Limine to Exclude Trial Testimony of Three Nonparty Fact Witnesses and Motion to Strike filed by London Lewis, Roberta Manley, Debora Paradies.
1
Exhibit A
2
Exhibit B
2 Attachments
359
07/20/2015
OPPOSITION to 340 Motion in Limine to Exclude Excelas Evidence filed by United States of America.
1
Exhibit 1
2
Exhibit 2
3
Exhibit 3
4
Exhibit 4
5
Exhibit 5 (Redacted)
6
Exhibit 6
7
Exhibit 7
8
Exhibit 8
9
Exhibit 9 (Redacted)
10
Exhibit 10
11
Exhibit 11 (Redacted)
12
Exhibit 12 (Redacted)
13
Exhibit 13 (Redacted)
13 Attachments
360
07/20/2015
MOTION for Leave to File Opposition Brief in Excess of 30 Pages by United States of America.
1
Exhibit United States Opposition to AseraCare's Omnibus Motion in Limine
2
Exhibit 1 to the United States' Opposition
3
Exhibit 2 to the United States' Opposition
4
Exhibit 3 to the United States' Opposition
5
Exhibit 4 to the United States' Opposition
6
Exhibit 5 to the United States' Opposition
6 Attachments
361
07/21/2015
ORDER granting 360 United States' Unopposed Motion for Leave to File Opposition Brief in Excess of 30 Pages. Signed by Chief Judge Karon O Bowdre on 7/21/15.
362
07/21/2015
Consent MOTION to Seal Document and Leave to File Exhibit Under Seal by United States of America.
363
07/21/2015
OPPOSITION to 342 Omnibus Motion in Limine filed by United States of America.
1
Exhibit 1
2
Exhibit 2
3
Exhibit 3
4
Exhibit 4
5
Exhibit 5
5 Attachments
364
07/21/2015
ORDER-re: 362 Consent Motion to Seal Exhibit and Leave to File Exhibit Under Seal. The court GRANTS the motion. The court DIRECTS the Clerk to seal Exhibit 2 to the United States' Opposition to Dfts Omnibus Motion in Limine (doc. 360-3). Signed by Chief Judge Karon O Bowdre on 7/21/2015.
365
07/21/2015
Proposed Voir Dire by United States of America.
1
Exhibit United States' Proposed Juror Questionnaire
1 Attachment
07/22/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Final Pretrial Conference held on 7/22/2015. Discussions re: Motions In Limine. Conference to resume 7/23/2015 at 9:00 AM (Court Reporter Teresa Roberson.) (Text entry; no document attached.)
366
07/23/2015
PRETRIAL MEMORANDUM by United States of America. filed by United States of America
1
Exhibit United States Response to Interrogatories
1 Attachment
367
07/23/2015
REPLY Brief filed by Defendant Aseracare Inc re: 329 MOTION in Limine Defendants' Motion in Limine to Exclude All Evidence from Phase One that Lacks a Sufficient Nexus to the 123 Allegedly Ineligible Sample Patients filed by Aseracare Inc.
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Exhibit D
4 Attachments
07/23/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Final Pretrial Conference continuation on 7/23/2015. Continued discussions regarding motions in limine. (Court Reporter Teresa Roberson.) (Text entry; no document attached.)
368
07/24/2015
Transcript of Proceedings held on July 14, 2015, before Judge Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 8/14/2015. Redacted Transcript Deadline set for 8/24/2015. Release of Transcript Restriction set for 10/22/2015.
1
https://ecf.alnd.uscourts.gov/doc1/01913923989" onClick="goDLS{{'/doc1/01913923989','140754','1181','','2','1','',''}};">1</a> Certification Page) (SAC)
1 Attachment
369
07/24/2015
ORDER denying 333 Defendants' Motion in Limine to Exclude Testimony of Katherine Lucas. Signed by Chief Judge Karon O Bowdre on 7/24/2015.
370
07/27/2015
MOTION for Reconsideration of the Application of Discovery Sanctions for Witnesses Who Were Disclosed During Discovery by United States of America.
1
Exhibit Summary Table
2
Exhibit October 24, 2012 Disclosures
3
Exhibit May 29, 2013 Disclosures
4
Exhibit June 5, 2013 Disclosures
5
Exhibit September 6, 2013 Disclosures
6
Exhibit September 25, 2013 Disclosures
7
Exhibit November 19, 2013 Disclosures
8
Exhibit December 12, 2013 Disclosures
9
Exhibit February 10, 2014 Disclosures
10
Exhibit February 12, 2014 Disclosures
11
Exhibit February 28, 2014 Disclosures
12
Exhibit February 28, 2014 Disclosures (Supplementing May 29, 2013)
12 Attachments
371
07/27/2015
NOTICE by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc. Defendants' Proposed Topics for General Voir Dire
372
07/28/2015
RESPONSE in Opposition re 370 MOTION for Reconsideration of the Application of Discovery Sanctions for Witnesses Who Were Disclosed During Discovery filed by Aseracare Inc.
373
07/29/2015
ORDER re 319 Consent Motion for Juror Notebooks- Subject to the modifications discussed on the record during the conference, the court GRANTS the Consent Motion for Juror Notebooks. Signed by Chief Judge Karon O Bowdre on 7/27/15. (SAC)
374
07/29/2015
ORDER re 289 Defendants' Motion for Pretrial Charge Conference- For reasons discussed on the record during the Pretrial Conference held on July 22, 2015, the court finds that the Defendants' Motion for Pretrial Charge Conference is MOOT. Signed by Chief Judge Karon O Bowdre on 7/29/15. (SAC)
375
07/29/2015
ORDER re 331 Motion in Limine to Exclude Undisclosed Expert Opinions and Government Exhibits 300A-300E- For the reasons discussed during the Pretrial Conference held on July 22, 2015, the court DENIES Defendants' Motion. However, the court instructs counsel to approach the bench before presenting the charts to the jury or discussing the charts in the presence of the jury. Signed by Chief Judge Karon O Bowdre on 7/29/15. (SAC)
376
07/29/2015
TEXT ORDER. CHANGING TIME ONLY ** The Final Pretrial Conference is set for Thursday, July 30, 2015 at 01:15 PM, 8th floor judicial conference room, Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Karon O Bowdre. Signed by Chief Judge Karon O Bowdre on 7/29/2015.
07/30/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Final Pretrial Conference held on 7/30/2015. (Court Reporter Teresa Roberson.) (Text entry; no document attached.)
377
08/03/2015
TRIAL BRIEF Regarding the Applicability of Federal Rule of Evidence 404(b) to Phase One Evidentiary Issues by Aseracare Inc.
378
08/04/2015
Transcript of Proceedings held on July, 22, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 8/25/2015. Redacted Transcript Deadline set for 9/4/2015. Release of Transcript Restriction set for 11/2/2015. (SAC) (Additional attachment(s) added on 8/4/2015: # 1 Exhibit Certification page).
379
08/04/2015
Transcript of Proceedings held on July 23, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 8/25/2015. Redacted Transcript Deadline set for 9/4/2015. Release of Transcript Restriction set for 11/2/2015.
1
Certification page
1 Attachment
380
08/04/2015
ORDER The court DENIES 339 Defendants' Motion in Limine to Exclude Non-Physicians' Opinions on Terminal Illness. Signed by Chief Judge Karon O Bowdre on 8/4/15. (SAC)
381
08/04/2015
REPLY Brief filed by Plaintiff United States of America re: 377 Trial Brief Regarding Rule 404 Objections filed by United States of America.
382
08/05/2015
ORDER re 336 Omnibus Motion in Limine - For the reasons discussed on the record during the Pretrial Conference held on July 22-23, 2015, the court GRANTS IN PART and DENIES IN PART as to the components of the motion as specifically set out within. Signed by Chief Judge Karon O Bowdre on 8/5/15. (SAC)
383
08/05/2015
Transcript of Proceedings held on July 30, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 8/26/2015. Redacted Transcript Deadline set for 9/5/2015. Release of Transcript Restriction set for 11/3/2015. (SAC) (Additional attachment(s) added on 8/5/2015: # 1 Exhibit Certification page).
384
08/05/2015
REPLY Brief filed by Defendant Aseracare Inc re: 377 Trial Brief filed by Aseracare Inc.
385
08/05/2015
ORDER re 341 Defendants' Motion in Limine to Exclude The Corridor Group Reports- The court GRANTS IN PART and DENIES IN PART as outlined within. Signed by Chief Judge Karon O Bowdre on 8/5/15. (SAC)
386
08/05/2015
ORDER re 340 Defendants' Motion in Limine to Exclude Excelas Evidence- For the reasons discussed on the record during the Pretrial Conference held on July 30, 2015, the court GRANTS the Defendants' motion as to the Government's case in chief. The court WITHHOLDS JUDGMENT as to the use of this evidence in rebuttal or cross examination. Signed by Chief Judge Karon O Bowdre on 8/5/15. (SAC)
387
08/05/2015
ORDER re 334 Defendants' Motion in Limine to Exclude Undisclosed Expert Opinions and Audit Summary Exhibits- The court WITHHOLDS JUDGMENT on the admissibility of the exhibits; the court GRANTS the Government leave to revise the exhibits. Signed by Chief Judge Karon O Bowdre on 8/5/15. (SAC)
388
08/05/2015
ORDER re 332 Defendants' Motion in Limine to Exclude The AdvanceMed Loss Calculations Exhibits and Associated Testimony- For the reasons discussed on the record during the Pretrial Conference held on July 30, 2015, the court WITHHOLDS JUDGMENT on the Defendants' motion until Phase II of trial. Signed by Chief Judge Karon O Bowdre on 8/5/15. (SAC)
389
08/05/2015
ORDER re 337 Defendants' Motion in Limine to Exclude Government's New Palmetto Analysis- For the reasons discussed on the record during the Pretrial Conference held on July 30, 2015, the court WITHHOLDS JUDGMENT on the Defendants' motion until Phase II of trial. Signed by Chief Judge Karon O Bowdre on 8/5/15. (SAC)
390
08/05/2015
ORDER re 335 Defendants' Motion in Limine to Exclude Trial Testimony by Three Nonparty Fact Witnesses and 358 Relators Opposition to Defendants' Motion in Limine to Exclude Trial Testimony of Three Nonparty Fact Witnesses and Motion to Strike- The court DENIES Relators' Motion to Strike Defendants' Motion in Limine to Exclude Trial Testimony by Three Nonparty Fact Witnesses; The court DENIES Defendants' Motion in Limine to Exclude Trial Testimony by Three Nonparty Fact Witnesses for the basis asserted in the motion; The court reminds the parties, as noted within the court's Order, (doc. 382), on the "United States' Omnibus Motion in Limine," (doc. 336), that the court denied the portion of the Government's motion as to evidence of the Relators' financial interest in the case. Signed by Chief Judge Karon O Bowdre on 8/5/15. (SAC)
391
08/05/2015
Exhibit List Defendants' Supplemental Exhibit List by Aseracare Inc.
1
Exhibit 1
1 Attachment
08/05/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Pretrial Conference held on 8/5/2015 discussing jury strikes and remaining pretrial matters. (Court Reporter Roberson/Martin.) (Text entry; no document attached.)
392
08/06/2015
ORDER re 325 United States' Objections and Cross Designation to Defendants' Deposition Designations- The court finds that, despite the nation wide subpoena power in qui tam cases, Rule 32(a)(4) will not preclude the Defendants' witnesses from testifying by deposition, provided that they are 100 miles from the place of trial. Signed by Chief Judge Karon O Bowdre on 8/6/15. (SAC)
393
08/06/2015
ORDER For the reasons stated within and the reasons stated on the record during the July 30, 2015 Pretrial Conference, see doc. 383 at 1-10, the court VACATES its oral discovery sanction. Signed by Chief Judge Karon O Bowdre on 8/6/15. (SAC)
394
08/06/2015
ORDER re 342 Defendants Omnibus Motion in Limine- For the reasons discussed on the record during the Pretrial Conference held on July 30, 2015, the court GRANTS IN PART and DENIES IN PART as to the components of the motion as specifically set out within; However, the court WITHHOLDS decisions as to the issues noted within. Signed by Chief Judge Karon O Bowdre on 8/6/15. (SAC)
08/06/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Voir Dire held on 8/6/2015. Jury seated and given introductory instructions. Jury to return on Monday, August 10, 2015 at 8:30 AM for trial to begin. Jury released. Court adj to reconvene Monday August 10. (Court Reporter Roberson/Martin.) (Text entry; no document attached.)
395
08/06/2015
Jury Strikes of Plff United States of America filed.
396
08/06/2015
Jury Strikes of Defendants Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc. filed.
397
08/07/2015
ORDER re 329 Defendants' Motion in Limine to Exclude All Evidence from Phase One that Lacks a Sufficient Nexus to the 123 Allegedly Ineligible Sample Patients- The court GRANTS IN PART; DENIES IN PART; and WITHHOLDS DECISION IN PART as to Defendants' motion in limine to exclude all evidence from Phase One that lacks a sufficient nexus to the 123 allegedly ineligible sample patients. The parties are DIRECTED to comply with the court's rulings and directions as extensively discussed on the Record. Signed by Chief Judge Karon O Bowdre on 8/7/15. (SAC)
08/10/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Evidentiary Hearing held on 8/10/2015. (Court Reporter Roberson/Martin.) (Text entry; no document attached.)
08/10/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Jury Trial Begins on 8/10/2015. Trial starts at 1:00. Jury sworn. Court's preliminary instructions; plff and def opening statements; plff calls witness Zaragoza, def cross, redirect and recross. Offer of Proof. Witness excused. Jury released to return 8/11 at 8:30 AM Ct adj. (Court Reporter Roberson/Martin.) (FNC) Modified on 8/17/2015 (Text entry; no document attached.)
08/11/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Jury Trial continuing on 8/11/2015. Day 2. Court opened. Plff calls witness V Stutts, cross and redirect, witness excused, offer of proof; plff calls witness L Deitrich, cross, witness excused, offer of proof; gov calls witness S Perryman, questions to witness outside the presence of jury re: GX97, cross, witness excused; gov calls witness M Farmer, cross, redirect, recross, witness excused; jury released to return 8/12 at 8:30 AM; attys at bar; voir dire of gov witness Dr. Micca. Attys to return 8/12 at 8:00 with report as stated on the record. Ct adj. (Court Reporter Roberson/Martin.) (Text entry; no document attached.)
08/12/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Jury Trial continuing on 8/12/2015. Day #3. Prehearing meeting with attys re testimony of Dr. Micca, overlapping witness testimony and evidentiary issues. Court opened. Gov calls witness S Adams, cross, redirect, recross and redirect, witness excused; gov calls witness M Greer, direct, cross, redirect, witness excused; gov calls witness D Paradies, direct, cross, witness excused; break for lunch; after lunch meeting with attys; jury released to return Monday, August 17 at 8:30 AM Ct adj. (Court Reporter Roberson/Martin.) (Text entry; no document attached.)
398
08/14/2015
MOTION for Leave to File Under Seal by United States of America.
399
08/14/2015
TEXT ORDER granting 398 Motion for Leave to File Motion Under Seal. Signed by Chief Judge Karon O Bowdre on 8/14/2015.
08/14/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Status Conference held on 8/14/2015. (Court Reporter Sabrina Lewis.) (Text entry; no document attached.)
400
08/17/2015
SEALED TRANSCRIPT of Proceedings held on 8/14/15, before Judge Karon O. Bowdre. Court Reporter/Transcriber Sabrina Lewis. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 9/7/2015. Redacted Transcript Deadline set for 9/17/2015. Release of Transcript Restriction set for 11/15/2015.
08/17/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Jury Trial continuing on 8/17/2015. Day #4. Court opened. Gov calls Witness Manley, cross, redirect, recross, offer of proof, witness excused; gov calls Witness Schultz, cross, redirect, witness excused. Jury released to return on 8/18 at 8:30 AM Discussions out of the presence of the jury re: video depo of Dr. Finn, exhibits and demonstratives. Court adj. After hearing meeting re: demonstratives and other issues. (Court Reporter Roberson/Martin.) (Text entry; no document attached.)
401
08/17/2015
SEALED MOTION, by United States of America (sealed per 399 Text Order)
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Exhibit D
5
https://ecf.alnd.uscourts.gov/doc1/01913943704" onClick="goDLS{{'/doc1/01913943704','140754','1270','','2','1','',''}};">5</a> Exhibit E)(SAC)
5 Attachments
402
08/17/2015
MOTION for Leave to File Supplemental Proposed Jury Charge by Aseracare Inc.
1
Exhibit A
1 Attachment
403
08/18/2015
MOTION for Leave to File Defendants' Motion for Leave to File Motion Under Seal by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
404
08/18/2015
TEXT ORDER granting 403 Defendants' Motion for Leave to File Motion Under Seal. Signed by Chief Judge Karon O Bowdre on 8/18/2015.
08/18/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Jury Trial continuing on 8/18/2015. Day #5. Court opened. Gov calls Dr. S. Liao. Questions regarding Dr.'s assessments of patient records. Jury released at 5:30 to return at 8:30 AM on 8/19. Discussion w/attys after jury released for the day. Ct adj. (Court Reporter Roberson/Martin.) (Text entry; no document attached.)
405
08/18/2015
SEALED MOTION, by Aseracare Inc. (filed under seal per 404 Order granting 403)
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Exhibit D
5
Exhibit E
6
https://ecf.alnd.uscourts.gov/doc1/01913945225" onClick="goDLS{{'/doc1/01913945225','140754','1280','','2','1','',''}};">6</a> Exhibit F)(SAC)
6 Attachments
08/19/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Jury Trial continuing on 8/19/2015. Day #6. Discussions prior to trial re: exhibits, etc. Court opened. Gov cont direct of Witness Dr. Liao re: assessment of multiple patients. Jury released at 4:40 to return 8/20 at Noon. Court adj. (Court Reporter Roberson/Martin.) (Text entry; no document attached.)
406
08/20/2015
MOTION for Leave to File Response Under Seal by United States of America.
08/20/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Jury Trial continuing on 8/20/2015. Day #7. Court opened. Gov cont direct of Witness Dr. Liao re: patient assessments. Jury released to return 8/24/15 at 8:30 AM Ct adj. (Court Reporter Roberson/Martin.) (Text entry; no document attached.)
407
08/21/2015
TEXT ORDER granting 406 Motion for Leave to File Response Under Seal. Signed by Chief Judge Karon O Bowdre on 8/21/2015.
408
08/21/2015
***Document Sealed - United States' Opposition to Defendants' Motion (sealed per 407 Text Order)
1
Exhibit A
2
Exhibit B
3
https://ecf.alnd.uscourts.gov/doc1/01913947964" onClick="goDLS{{'/doc1/01913947964','140754','1290','','2','1','',''}};">3</a> Exhibit C) (SAC)
3 Attachments
409
08/24/2015
MOTION for Leave to File Reply Under Seal by Aseracare Inc.
410
08/24/2015
TEXT ORDER granting 409 Defendants' Motion for Leave to File Reply Under Seal. Signed by Chief Judge Karon O Bowdre on 8/24/2015.
08/24/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Jury Trial continuing on 8/24/2015. Day #8. Court Opened. Gov cont. direct of witness Dr. S Liao re: patient assessments. Jury released to return 8/25 at 8:30 AM Court adj. (Court Reporter Roberson/Martin.) (Text entry; no document attached.)
411
08/24/2015
***Document Sealed - Defendant's Reply in Support of Motion (filed under seal per doc. 410). (SAC)
08/25/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Jury Trial continuing on 8/25/2015. Day #9. Court opened. Gov continues w/ direct of witness Dr. S Liao. Jurors excused to return 8/26/15 at 8:30 AM Court adj. (Court Reporter Roberson/Martin.) (Text entry; no document attached.)
08/26/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Jury Trial continuing on 8/26/2015. Prior to trial beginning, exhibit preadmission discussion. Court opened. Gov conts direct of expert witness Dr. S. Liao re: patient assessments. Jury released to return Monday, August 31, 2015 at 9:00 AM Ct adj. (Court Reporter Roberson/Martin.) (Text entry; no document attached.)
412
08/31/2015
TRIAL BRIEF Defendants' Bench Memorandum Regarding the Application of Federal Rule of Evidence 702 to Certain Testimony from the Government's Physician Expert, Dr. Solomon Liao by Aseracare Inc.
413
08/31/2015
Evidentiary Material United States' Offer of Proof As to Dr. Liao.
08/31/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Jury Trial continuing on 8/31/2015. Day 11. Court opened. Gov cont. direct of witness Dr. S. Liao re: patient assessments. Jury released to return 9/1 at 8:30 AM Court adj. After hearing meeting re: evidentiary issues. (Court Reporter Roberson/Martin.) (Text entry; no document attached.)
414
09/01/2015
MOTION in Limine to Limit Testimony to Phase Two by United States of America.
1
Exhibit A (Excerpts of Twaddle Depo)
1 Attachment
09/01/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Jury Trial continuing on 9/1/2015. Day #12. Court opened. Gov conts w/direct of witness Dr. S. Liao; gov tenders witness for cross; def begins cross. Jury released to return 9/2 at 8:30 AM Ct adj. After hearing meeting with attys and Judge to discuss evidentiary issues. (Court Reporter Roberson/Martin.) (Text entry; no document attached.)
415
09/02/2015
RESPONSE to re 412 Regarding the Application of Rule 702 filed by United States of America.
416
09/02/2015
TEXT ORDER granting 402 Defendants' Motion for Leave to File Supplemental Proposed Jury Charge. Signed by Chief Judge Karon O Bowdre on 9/2/2015.
417
09/02/2015
Proposed Jury Instructions by Aseracare Inc.
1
Exhibit A
1 Attachment
418
09/02/2015
MOTION for Reconsideration of Court's Rulings Regarding Helen K. by United States of America.
1
Exhibit A (Trial Transcript Excerpt)
1 Attachment
09/02/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Jury Trial continuing on 9/2/2015. Day #13. Court opened. Def cont cross of Witness Dr. S. Liao; Gov redirect; witness excused; evidentiary meeting outside the presence of the jury; gov calls witness K. Lucas; jury released to return 9/3 at 8:30 AM; court adj. After hearing meeting re: evidentiary issues. (Court Reporter Roberson/Martin.) (Text entry; no document attached.)
419
09/03/2015
MOTION for Judgment as a Matter of Law at the Close of The Government's Case-in-Chief in Phase One by Aseracare Inc.
420
09/03/2015
ORDER re 414 United States' Motion to Limit the Testimony of Martha Twaddle to Phase Two- For the reasons discussed on the record on September 2, 2015, the court DENIES the United States' Motion to limit the testimony of Martha Twaddle to phase two. Signed by Chief Judge Karon O Bowdre on 9/2/15. (SAC)
09/03/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Jury Trial continuing on 9/3/2015. Day #14. Gov cont direct of witness K. Lucas, cross, redirect, witness excused; evidentiary matters taken up as stated on the record, outside the presence of the jury; Gov rests; defense calls witness E. Allen, cross by gov, redirect and recross, witness excused; def presents video depo of Dr. Chuaa. Jury released to return 9/8/15 at 8:30 AM Court adj. (Court Reporter Roberson/Martin.) (Text entry; no document attached.)
421
09/07/2015
MOTION to Strike Defendants' Motion to Strike Certain Testimony from the Government's Physician Expert, Dr. Solomon Liao by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
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
14
Exhibit 14
15
Exhibit 15
16
Exhibit 16
17
Exhibit 17
18
Exhibit 18
19
Exhibit 19
20
Exhibit 20
21
Exhibit 21
22
Exhibit 22
23
Exhibit 23
24
Exhibit 24
25
Exhibit 25
26
Exhibit 26
27
Exhibit 27
28
Exhibit 28
28 Attachments
422
09/07/2015
MOTION for Leave to File Defendants' Motion for Leave to File Second Supplemental Proposed Jury Charge by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
1
Exhibit A
1 Attachment
423
09/07/2015
RESPONSE in Opposition re 419 MOTION for Judgment as a Matter of Law at the Close of The Government's Case-in-Chief in Phase One filed by United States of America.
424
09/08/2015
TEXT ORDER denying 401 United States' Sealed Motion. As discussed on the record, the court DENIES the United States' sealed motion. Signed by Chief Judge Karon O Bowdre on 9/8/2015.
425
09/08/2015
TEXT ORDER granting 422 Defendants' Motion for Leave to File Second Supplemental Proposed Jury Charge. Signed by Chief Judge Karon O Bowdre on 9/8/2015.
426
09/08/2015
Proposed Jury Instructions by Aseracare Inc.
1
Exhibit A
1 Attachment
09/08/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Jury Trial continuing on 9/8/2015. Day #15. Court opened. Def calls witness Dr. Twaddle, cross, redirect, witness excused; def calls witness Dr. Arcieri by video depo; evidentiary matters taken up outside the presence of the jury; def calls witness A. Hollis, cross, witness excused. Jury released to return 9/9/15 at 8:30. Ct adj. (Court Reporter Roberson/Martin.) (Text entry; no document attached.)
427
09/09/2015
ORDER re 419 Defendants' Motion for Judgment as a Matter of Law at the Close the Government's Case-in-Chief in Phase One: For the reasons discussed on the record on September 3, 2015, and as set out within, the court GRANTS in part and WITHHOLDS judgment in part the Defendants' motion. Signed by Chief Judge Karon O Bowdre on 9/9/15. (SAC) **See 483 ORDER Vacating "granting motion for judgment as a matter of law"** Modified on 11/4/2015 (SAC).
09/09/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Jury Trial continuing on 9/9/2015. Day #16. Court opened. Def calls witness Dr. G Cooney re various patient assessments. Jury released to return on 9/10 at 8:30 AM Ct adj. (Court Reporter Roberson/Martin.) (Text entry; no document attached.)
428
09/10/2015
TEXT ORDER denying 418 United States' Motion to Reconsider the Court's Order to Strike All Testimony Regarding Helen K. As discussed on the record on September 2, 2015, the court DENIES the United States' motion. Signed by Chief Judge Karon O Bowdre on 9/10/2015.
429
09/10/2015
TEXT ORDER finding as moot 405 Defendants' Sealed Motion. Signed by Chief Judge Karon O Bowdre on 9/10/2015.
09/10/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Jury Trial continuing on 9/10/2015. Day #17. Court opened. Def continues with direct of witness Dr. Cooney re: patient assessments. Jury released to return 9/14 at 8:45. Ct adj. (Court Reporter Roberson/Martin.) (Text entry; no document attached.)
430
09/13/2015
RESPONSE in Opposition re 421 MOTION to Strike Defendants' Motion to Strike Certain Testimony from the Government's Physician Expert, Dr. Solomon Liao filed by United States of America.
431
09/14/2015
REPLY Brief filed by Defendant Aseracare Inc re: 421 MOTION to Strike Defendants' Motion to Strike Certain Testimony from the Government's Physician Expert, Dr. Solomon Liao filed by Aseracare Inc.
09/14/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Jury Trial continuing from 9/11/2015. Day #18. Court opened. Def continues with direct of witness Dr. Cooney re: patient assessments. Ct adj. Hearing to resume tomorrow at 8:30. (Court Reporter Roberson/Martin) (SAC) (Text entry; no document attached.)
432
09/15/2015
MEMORANDUM OPINION REGARDING PRETRIAL AND TRIAL EVIDENTIARY RULINGS Signed by Chief Judge Karon O Bowdre on 9/15/15. (SAC)
09/15/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Jury Trial continuing on 9/15/2015. Day #19. Court opened. Def conts direct of witness Dr. Cooney re: patient assessments. Jury released to return 9/16 at 8:30. Discussions re: objections out of the presence of the jury; ruling on obj stated on the record. Ct adj. (Court Reporter Roberson/Martin.) (Text entry; no document attached.)
09/16/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Jury Trial continuing on 9/16/2015. Day # 20. Court opened; def continues direct of witness Dr. G. Cooney re: patient assessments. Jury released to return 9/17/15 at 1:30 PM Ct adj. (Court Reporter Roberson/Martin.) (Text entry; no document attached.)
09/17/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Jury Trial continuing on 9/17/2015. Day #21. Court opened. Def conts w/direct of witness Dr. Cooney re: patient assessments. Jury released to return on Monday, September 21, 2015 at 8:30 AM Court adj. (Court Reporter Roberson/Martin.) (Text entry; no document attached.)
09/18/2015
Minute Entry for proceedings held before Magistrate Judge John E Ott: Settlement Conference held on 9/18/2015. (Text entry; no document attached.)
09/21/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Jury Trial continuing on 9/21/2015. Day #22. Court opened. Defense conts w/direct of witness Dr. Cooney. Jury released to return 9/23 at 8:30 - 8:15 for attys. Court adj. (Court Reporter Roberson/Martin.) (Text entry; no document attached.)
09/21/2015
Minute Entry for proceedings held before Magistrate Judge John E Ott: Settlement Conference held on 9/21/2015. (Text entry; no document attached.)
09/22/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Jury Trial continuing on 9/22/2015. Day #23. Court opened; def continues w/direct of witness Dr. Cooney re: patient assessments; witness passed for cross; gov begins cross of witness Dr. Cooney. Jury released to return 9/24/15 at 8:30. Ct adj. (Court Reporter Roberson/Martin.) (Text entry; no document attached.)
09/22/2015
Minute Entry for proceedings held before Magistrate Judge John E Ott: Settlement Conference held on 9/22/2015. (Text entry; no document attached.)
09/23/2015
Minute Entry for proceedings held before Magistrate Judge John E Ott: Settlement Conference held on 9/23/2015. (Text entry; no document attached.)
09/23/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Jury Trial continuing on 9/23/2015. Day #24. Court opened. Gov continued cross of witness Dr. Cooney re: patient assessments; Gov passes witness for redirect; Def redirect; witness excused; Def calls witness Dr. Melvin regarding patient assessments. Jury released to return 9/24/15 at 8:30 AM Ct adj. (Court Reporter Roberson/Martin.) (Text entry; no document attached.)
09/24/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Jury Trial continuing on 9/24/2015. Day #25. Court opened. Defense continued direct of witness Dr. Melvin re: patient assessments. Jury released to return 9/28 at 8:30 AM Ct. adj. (Court Reporter Roberson/Martin.) (Text entry; no document attached.)
433
09/28/2015
MOTION for Judgment as a Matter of Law at the Close of Defendants' Case-in-Chief In Phase One by Aseracare Inc.
09/28/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Jury Trial continuing on 9/28/2015. Day #26. Court opened. Defense continues direct of witness Dr. Melvin; defense passes witness; Gov cross of witness Dr. Melvin; gov passes witness; Defense redirect; witness excused; defense rests; jury released to return 9/29/15 at 8:30 AM Ct adj. After hearing meeting b/t Attys and Court outside the presence of the jury. (Court Reporter Roberson/Martin.) (Text entry; no document attached.)
434
09/28/2015
MOTION in Limine To Prohibit Closing Argument Regarding the O'Connor Settlement by United States of America.
1
Exhibit A
1 Attachment
435
09/28/2015
MOTION in Limine To Prohibit Closing Argument Regarding the Sampling Universe by United States of America.
1
Exhibit A
2
Exhibit B
3
Exhibit C
3 Attachments
436
09/29/2015
MOTION for Judgment as a Matter of Law at the Close of All Evidence in Phase One by Aseracare Inc.
09/29/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Jury Trial continuing on 9/29/2015. Day #27. At bar discussions out of the presence of the jury; court opened. Gov rebuttal, calls witness P. McNicholas, court's instruction re: witness testimony; gov completes examination of witness, defense has no questions for witness; witness excused. Gov rests. Jury released to return 9/30/15 at 9:00 AM After hearing discussions re: motions in limine. Court denies 434 and 435, written order to follow and reserves ruling on remaining motions. Further discussions re: jury verdict form. Ct adj. (Court Reporter Roberson/Martin.) (Text entry; no document attached.)
437
09/29/2015
ORDER denying 434 United States' Motion to Prohibit Closing Arguments Regarding the O'Connor Settlement. Signed by Chief Judge Karon O Bowdre on 9/29/2015.
438
09/29/2015
ORDER denying 435 United States' Motion in Limine to Prohibit Closing Arguments Regarding the Sampling Universe. Signed by Chief Judge Karon O Bowdre on 9/29/2015.
439
09/30/2015
ORDER To Feed Jurors During Deliberation. Signed by Chief Judge Karon O Bowdre on 9/30/2015.
09/30/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Jury Trial continuing on 9/30/2015. Day #28. Court opened. Court instructs the jury; gov closing arguments; defense closing arguments; gov completes closing arguments; court's final instructions to jury; jury released to begin deliberations; court and attys meet with Juror 17427; Juror 17427 released from service due to family emergency; jury deliberations start at 2:15; jury out at 4:00 to return 10/1/15 at 9:00 AM Court adj. (Court Reporter Roberson/Martin.) (Text entry; no document attached.)
440
09/30/2015
Jury Instructions.
10/01/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Jury Deliberations continuing on 10/1/2015. Jury to return on 10/5/15 at 9 AM to resume deliberations. (Text entry; no document attached.)
10/05/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre. Jury Deliberations continuing on 10/5/2015. Jury to return on 10/6/15 at 9 AM to resume deliberations. (Text entry; no document attached.)
441
10/06/2015
NOTICE of Appearance by Mary Margaret Lester on behalf of United States of America
10/06/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Jury Deliberations continuing on 10/6/2015. Jury to return on 10/7/2015 at 8 AM to resume deliberations. (Text entry; no document attached.)
10/07/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Jury Deliberations continuing on 10/7/2015. Jury to return on 10/8/2015 at 9 AM to resume deliberations. (Text entry; no document attached.)
10/08/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Jury Deliberations continuing on 10/8/2015. Jury to return on 10/13/2015 at 9 AM to resume deliberations. (Text entry; no document attached.)
442
10/09/2015
MOTION to Quash Trial Subpoenas by Mary Louise Walker, Matthew Rucker.
1
Exhibit A - Two Subpoenas
1 Attachment
10/13/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Jury Deliberations continuing on 10/13/2015. Jury to return on 10/14/2015 at 9 AM to resume deliberations. (Text entry; no document attached.)
443
10/14/2015
RESPONSE in Opposition re 442 MOTION to Quash Trial Subpoenas filed by United States of America.
1
Exhibit 1
1 Attachment
10/14/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Jury Deliberations continuing on 10/14/2015. Jury to return on 10/15/2015 at 9 AM to resume deliberation. (Text entry; no document attached.)
444
10/14/2015
NOTICE of Appearance by Christina Davis on behalf of United States of America
10/15/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Jury Deliberations continuing on 10/15/2015. Jury returns with answers to special interrogatories. Court reads answers into the record. Jury polled. Court discussions with attorneys out of the presence of the jury regarding interrogatory answers. Jury instructed to return Monday, October 19, 2015 at 9:00 AM for further deliberations regarding specific answers. Jury released for the day. Court adj. After hours discussions with attorneys regarding Phase 2. (Court Reporter Roberson/Martin.) (Text entry; no document attached.)
445
10/15/2015
SPECIAL INTERROGATORIES TO THE JURY - PHASE ONE.
446
10/16/2015
MOTION for Judgment as a Matter of Law (Renewed) After the Jury's Answers to Special Interrogatories in Phase One by Aseracare Inc.
447
10/16/2015
REPLY Brief filed by Movants Matthew Rucker, Mary Louise Walker re: 442 MOTION to Quash Trial Subpoenas filed by Matthew Rucker, Mary Louise Walker.
448
10/17/2015
MOTION to Amend/Correct 326 Order on Motion to Amend/Correct, 293 Pretrial Order, Motion to Amend Pretrial Order by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
449
10/17/2015
MOTION to Amend/Correct 293 Pretrial Order, by United States of America.
450
10/17/2015
NOTICE by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc. Defendants' Trial Memorandum Regarding Necessity of Expert Testimony in Medical Context
451
10/17/2015
NOTICE by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc. Defendants' Trial Memorandum Regarding the Government's Equitable Claims
452
10/17/2015
NOTICE by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc. Defendants' Amended Trial Memorandum Regarding the Government's Equitable Claims
453
10/17/2015
RESPONSE in Opposition re 449 MOTION to Amend/Correct 293 Pretrial Order, Defendants' Opposition to the Government's Motion to Amend Second Amended Pretrial Order filed by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
454
10/17/2015
MOTION in Limine Defendants' Supplement to Motion in Limine to Exclude the Advancemed Loss Calculation Exhibits and Associated Testimony by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
455
10/18/2015
MOTION in Limine to Exclude the Testimony of Dr. Chester I. Palmer by United States of America.
1
Exhibit A
2
Exhibit B
3
Exhibit C
3 Attachments
456
10/18/2015
RESPONSE to re 450 Trial Memorandum in Support of Defendants' Request to Resubmit Special Interrogatories filed by United States of America.
457
10/18/2015
Proposed Jury Instructions by United States of America.
458
10/18/2015
STATUS REPORT Joint Status Report Regarding Phase 2 Issues by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc. filed by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
459
10/18/2015
NOTICE by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc. Defendants' Proposed Phase Two Preliminary Instructions About The Law
460
10/18/2015
NOTICE by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc. Defendants' Reply Trial Memorandum Regarding Necessity of Expert Testimony in Medical Context
461
10/19/2015
RESPONSE to re 452 AseraCare's Trial Memorandum Regarding the United States' Equitable Claims filed by United States of America.
462
10/19/2015
RESPONSE in Opposition re 454 MOTION in Limine Defendants' Supplement to Motion in Limine to Exclude the Advancemed Loss Calculation Exhibits and Associated Testimony filed by United States of America.
1
Exhibit A (Barrett Declaration)
2
Exhibit B (06/23/15 Ltr from Wertkin to Christie)
2 Attachments
463
10/19/2015
ORDER re 448 Motion to Amend Pretrial Order- The second amended pretrial order, (doc 293), is amended to add Nicholas A. Danella and Charles F. "Fritz" Spainhour of Bradley Arant Boult Cummings LLP as additional trial counsel for AseraCare; the court instructs Nicholas A. Danella and Charles F. Spainhour to file notices of appearance in this case. Signed by Chief Judge Karon O Bowdre on 10/19/15. (SAC)
464
10/19/2015
ORDER denying 449 Motion to Amend Second Amended Pretrial Order for reasons as noted within. Signed by Chief Judge Karon O Bowdre on 10/19/15. (SAC)
465
10/19/2015
SPECIAL INTERROGATORIES TO THE JURY - Phase One - with clarification as directed by the court as of October 19, 2015.
466
10/19/2015
NOTICE of Appearance by Charles F Spainhour on behalf of Aseracare Inc
467
10/19/2015
NOTICE of Appearance by Nicholas Adam Danella on behalf of Aseracare Inc
10/19/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Meeting with attorneys outside the presence of the jury to discuss issues re: specific patients for jury to re-evaluate in jury's special interrogatories in Phase 1, pending motions and how to proceed to Phase 2; meet w/individual jurors as stated on the record; at bar motion as stated on the record by defense, motion denied; jury seated and instructed as to specific patients to review; jury deliberations continue; jury returns with findings as to the specific patients; new findings read into the record and attys given a copy of the findings; jury released to return 10/21/15 at 8:30 AM; meeting with attys continues re: discussions of motions and proceeding to trial in Phase 2. Attys to return 10/20/15 at 9:30 AM to resume trial preparation. (Court Reporter Roberson/Martin.) (Text entry; no document attached.)
468
10/20/2015
Proposed Jury Instructions by United States of America.
469
10/20/2015
ORDER TO SHOW CAUSE re Defendants' oral motion of October 19, 2015 to revoke the pro hav vice admission of Nola J. Hitchcock Cross, Cross Law Firm SC for violation of the rules of confidentiality contained in the court's Alternative Dispute Resolution Plan. The court ORDERS Nola J. Hitchcock Cross to SHOW CAUSE on or before Friday, October 23, 2015, why the court should not revoke her pro hac vice admission for violating the rules of confidentiality contained in this courts Alternative Dispute Resolution Plan. Signed by Chief Judge Karon O Bowdre on 10/20/15. (SAC)
10/20/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Conference held on 10/20/2015 with attorneys to continue discussions regarding motions and proceeding to Phase 2 of trial. Jury notified by phone to return 10/26/15 at 8:30 AM to begin Phase 2. Attorneys to return 10/21/15 to resume discussions and trial preparation. (Court Reporter Roberson/Martin.) (Text entry; no document attached.)
470
10/20/2015
RESPONSE in Opposition re 446 MOTION for Judgment as a Matter of Law (Renewed) After the Jury's Answers to Special Interrogatories in Phase One filed by United States of America.
10/21/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Conference held on 10/21/2015. Pretrial discussions continue to prepare for Phase 2 of trial. (Court Reporter Roberson/Martin.) (Text entry; no document attached.)
471
10/21/2015
NOTICE by Aseracare Inc of Filing of Additional Material Regarding Extrapolation
1
Exhibit A
1 Attachment
472
10/21/2015
TRIAL BRIEF Defendants' Trial Memorandum Regarding Admission of The Corridor Group Reports by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
1
Exhibit A - Varady Declaration
1 Attachment
473
10/22/2015
NOTICE by United States of America of Filing of Additional Material Regarding Extrapolation
1
Exhibit A
1 Attachment
10/22/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Conference held on 10/22/2015 preparing for Phase 2. Resume 10/23/15 at 2:00 PM (Court Reporter Roberson/Martin.) (Text entry; no document attached.)
474
10/23/2015
TRIAL BRIEF Defendants' Trial Memorandum Regarding Admissibility of The Corridor Group Reports as Nonhearsay to Demonstrate Knowledge of Falsity by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
475
10/23/2015
TRIAL BRIEF Regarding Admissibility of Knowledge Evidence by United States of America.
1
Exhibit A
2
Exhibit B
2 Attachments
476
10/23/2015
MOTION to Seal Response to Doc 469 by London Lewis, Roberta Manley, Debora Paradies.
477
10/23/2015
TEXT ORDER granting 476 Motion for Leave to File Under Seal Response to Order to Show Cause. The court instructs counsel to file the Response under seal. Signed by Chief Judge Karon O Bowdre on 10/23/2015.
10/23/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Conference held on 10/23/2015. Trial to resume Monday, October 26, 2015 at 8:30 AM (Court Reporter Roberson/Martin.) (Text entry; no document attached.)
478
10/23/2015
***Document Sealed- Attorney Nola J. Hitchcock Cross' Response to Order to Show Cause in Opposition to Motion to Disqualify Relators' Counsel *Filed under seal per 477/Text Order
1
Declaration 1
2
Exhibit A
3
Declaration 2
4
Exhibit B
4 Attachments
479
10/26/2015
MOTION for Reconsideration of Order to Grant a New Trial by United States of America.
10/26/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Jury Trial completed on 10/26/2015. Court opened. Court grants defense Motion for New Trial as stated on the record. Gov motion to stay current trial proceedings is denied as stated on the record. Jury released from service. New trial to be set by separate order. After trial meeting with attorneys to discuss proposed dates for jury selection and new trial, etc. Court adj. (Court Reporter Roberson/Martin.) (Text entry; no document attached.)
480
10/30/2015
MOTION to Seal Defendants' Motion for Leave to File Reply Under Seal by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
481
10/30/2015
TEXT ORDER granting 480 Defendants' Motion for Leave to File Reply Under Seal. Signed by Chief Judge Karon O Bowdre on 10/30/2015.
11/02/2015
Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Telephone Conference held on 11/2/2015. (Court Reporter Roberson.) (Text entry; no document attached.)
482
11/03/2015
MEMORANDUM OPINION re: oral Motion for New Trial and court's sua sponte consideration of summary judgment under Federal Rule of Civil Procedure 56(f)(3). Signed by Chief Judge Karon O Bowdre on 11/3/15.
483
11/03/2015
ORDER: For the reasons stated in the Memorandum Opinion (doc. 482), the court (1) GRANTS AseraCare's oral motion for a new trial; (2) VACATES its prior Order (doc. 427) granting Motion for Judgment as a Matter of Law as to patients #42 Helen K. and #85 Mary M.; and (3) GIVES NOTICE to the parties that it will sua sponte CONSIDER SUMMARY JUDGMENT pursuant to Fed. R. Civ. P. 56(f)(3). The court gives the Government until on or before December 4, 2015 to direct the court to admissible, objective evidence in the Phase One record, other than Dr. Liao's testimony, that would prove falsity and show that the Government presented more admissible evidence than merely a difference of opinion to which reasonable minds could differ. AseraCare's response will be due on or before December 21, 2015. Signed by Chief Judge Karon O Bowdre on 11/3/15. (MMW) Modified on 11/4/2015.
484
11/03/2015
***Document Sealed (per doc. 480)- Defendants' Reply in Support of Revoking Pro Hac Vice Admission of Nola J. Hitchock Cross. (SAC)
485
11/11/2015
MOTION to Seal Reply to Doc. 484 by London Lewis, Roberta Manley, Debora Paradies.
486
11/12/2015
TEXT ORDER granting 485 Relators' Motion for Leave to File Under Seal Reply to Doc. 484. Signed by Chief Judge Karon O Bowdre on 11/12/15.
487
11/13/2015
***Document Sealed - Attorney Nola J. Hitchcock Cross' Reply to Defendants' Reply re Order to Show Cause.
1
Declaration of Mary C Flanner
2
https://ecf.alnd.uscourts.gov/doc1/01914018268" onClick="goDLS{{'/doc1/01914018268','140754','1558','','2','1','',''}};">2</a> Declaration of James F. Barger Jr.) (Filed under seal per 486/Text Order(SAC)
2 Attachments
488
11/19/2015
MOTION to Strike 487 Document Sealed, Defendants' Motion to Strike Unauthorized Surreply Brief and Untimely Declarations by Aseracare Inc.
489
11/24/2015
RESPONSE in Opposition re 488 MOTION to Strike 487 Document Sealed, Defendants' Motion to Strike Unauthorized Surreply Brief and Untimely Declarations filed by London Lewis, Roberta Manley, Debora Paradies.
490
11/24/2015
MOTION to Seal Affidavit supporting Doc. 484 by London Lewis, Roberta Manley, Debora Paradies.
491
11/30/2015
RESPONSE in Opposition re 488 MOTION to Strike 487 Document Sealed, Defendants' Motion to Strike Unauthorized Surreply Brief and Untimely Declarations (Amended) filed by London Lewis, Roberta Manley, Debora Paradies.
492
11/30/2015
Amended MOTION to Seal Affidavit supporting Doc. 487 and opposing Doc 484 by London Lewis, Roberta Manley, Debora Paradies.
493
12/04/2015
Opposition to re 483 the Court's Sua Sponte Consideration of Summary Judgment filed by United States of America.
1
Exhibit Statement of Disputed Facts in Support of the United States' Opposition to the Court's Sua Sponte Consideration of Summary Judgment
1 Attachment
494
12/21/2015
RESPONSE to re 483 in Support of the Court's Consideration of Summary Judgment filed by Aseracare Inc.
495
01/11/2016
ORDER The court DENIES the Defendants' oral motion to revoke the pro hac vice admission of Nola Cross. The court DEEMS as MOOT Nola Cross's motion and amended motion to file additional supporting affidavits under seal (docs. 490 and 492). Additionally, the court DENIES the "Defendants' Motion to Strike Unauthorized Surreply Brief and Untimely Declarations." (Doc. 488). Signed by Chief Judge Karon O Bowdre on 1/11/16. (SAC)
496
01/21/2016
ORDER The electronic record in this case reflects that numerous motions in this case are still pending or have not been fully addressed by the court. These motions include motions in limine filed prior to Phase I (Docs. 329, 334, 337, 340, 342), motions filed in anticipation of Phase II of trial (Docs. 442, 454, 455), the Defendants' motions for judgment as a matter of law (Docs. 419, 433, 436, 446), Defendants' motion to strike testimony (Doc. 421), and the United States' motion to reconsider the court's order granting a new trial, (Doc. 479). Because the court granted AseraCares oral motion for a new trial on October 26, 2015, the court finds these outstanding evidentiary issues to be moot. Accordingly, to the extent that the record does not reflect a ruling on the evidentiary issues reflected in Documents 329, 332, 334, 337, 340, and 342, the court finds the motions are MOOT. Similarly, because the court granted a new trial in this case, the court also finds the motions related to Phase II are MOOT, (docs. 442, 454, 455). The court addressed the Defendants' motion to strike the testimony of Dr. Liao, (doc.421), on the record on September 29, 2015; the court finds the motion to be MOOT. On October 26, 2015, the court explained on the record that it reviewed the Defendants' motions for judgment as a matter of law, (docs. 419, 433, 436, 446), before coming to the conclusion that the court could not grant AseraCare's motions for judgment as a matter of law. The court denied the Defendants' motions for judgment as a matter of law, and the court ruled on and denied the Defendants' motions for judgment as matter of law, (docs. 419, 433, 436, 446). As, explained on the record on October 26, 2015, the court denied the United States' motion to reconsider the court's Order granting the motion for a new trial. Signed by Chief Judge Karon O Bowdre on 1/21/16. (SAC)
497
03/31/2016
MEMORANDUM OPINION. Signed by Chief Judge Karon O Bowdre on 3/31/2016.
498
03/31/2016
FINAL ORDER -In conformity with the Memorandum Opinion 497, the court GRANTS SUMMARY JUDGMENT pursuant to Fed. R. Civ. P. 56(f)(3) in favor of the Defendants and against the Plaintiffs for the remaining Counts in the Complaint, specifically Counts One, Three, and Four. Signed by Chief Judge Karon O Bowdre on 3/31/2016.
499
04/21/2016
BILL OF COSTS by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc. filed by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc.
500
04/21/2016
NOTICE by Aseracare Inc, GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc. re 499 Bill of Costs, Support for Bill of Costs
1
Exhibit 1
2
Exhibit 2
3
Exhibit 3
3 Attachments
501
05/02/2016
Consent MOTION to Stay re 499 Bill of Costs, the Taxation of Costs by United States of America.
502
05/03/2016
ORDER re 501 Consent Motion to Stay the Taxation of Costs- The court GRANTS the consent motion and STAYS the Clerk's taxation of costs until the later of either (1) June 21, 2016 if no party files a notice of appeal of the court's final judgment or (2) 120 days after the affirmance of the court's final judgment on appeal, if the court's final judgment is affirmed. Signed by Chief Judge Karon O Bowdre on 5/3/16. (SAC)
503
05/27/2016
NOTICE OF APPEAL as to 298 Order on Motion to Bifurcate, 497 Memorandum Opinion, 483 Order, 482 Order, 498 Order Dismissing Case, by United States of America.
504
05/27/2016
Transmittal Sheet
505
05/27/2016
Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 503 Notice of Appeal. (SAC)
506
06/02/2016
USCA Case Number 16-13004-E for 503 Notice of Appeal filed by United States of America. (SAC)
507
06/03/2016
Consent MOTION to Withdraw as Attorney Christina Davis and Jeffrey A. Wertkin by United States of America.
508
06/06/2016
ORDER granting 507 Consent Motion to Withdraw Christina Davis and Jeffrey A. Wertkin as Attorneys for the United States. Attorneys Christina Davis and Jeffrey A. Wertkin terminated. Signed by Chief Judge Karon O Bowdre on 6/6/16.
509
06/07/2016
TRANSCRIPT REQUEST by United States of America
510
06/08/2016
Transcript of Proceedings held on August 4, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 6/29/2016. Redacted Transcript Deadline set for 7/11/2016. Release of Transcript Restriction set for 9/6/2016. (Additional attachment(s) added on 6/8/2016: # 1 Exhibit Certificate).
511
06/08/2016
Transcript of Proceedings held on August 5, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 6/29/2016. Redacted Transcript Deadline set for 7/11/2016. Release of Transcript Restriction set for 9/6/2016.
1
https://ecf.alnd.uscourts.gov/doc1/01914179979" onClick="goDLS{{'/doc1/01914179979','140754','1637','','2','1','',''}};">1</a> Certificate) (SAC)
1 Attachment
512
06/08/2016
Transcript of Proceedings held on August 6, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 6/29/2016. Redacted Transcript Deadline set for 7/11/2016. Release of Transcript Restriction set for 9/6/2016.
1
Certificate
1 Attachment
513
06/08/2016
Transcript of Proceedings held on August 10, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 6/29/2016. Redacted Transcript Deadline set for 7/11/2016. Release of Transcript Restriction set for 9/6/2016.
1
Certificate
1 Attachment
514
06/08/2016
Transcript of Proceedings held on August 11, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 6/29/2016. Redacted Transcript Deadline set for 7/11/2016. Release of Transcript Restriction set for 9/6/2016.
1
Certificate
1 Attachment
515
06/08/2016
Transcript of Proceedings held on August 12, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 6/29/2016. Redacted Transcript Deadline set for 7/11/2016. Release of Transcript Restriction set for 9/6/2016.
1
Certificate
1 Attachment
516
06/08/2016
Transcript of Proceedings held on August 17, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 6/29/2016. Redacted Transcript Deadline set for 7/11/2016. Release of Transcript Restriction set for 9/6/2016.
1
Certificate
1 Attachment
517
06/08/2016
Transcript of Proceedings held on August 18, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 6/29/2016. Redacted Transcript Deadline set for 7/11/2016. Release of Transcript Restriction set for 9/6/2016.
1
Certificate
1 Attachment
518
06/08/2016
Transcript of Proceedings held on August 19, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 6/29/2016. Redacted Transcript Deadline set for 7/11/2016. Release of Transcript Restriction set for 9/6/2016.
1
Certificate
1 Attachment
519
06/08/2016
Transcript of Proceedings held on August 20, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 6/29/2016. Redacted Transcript Deadline set for 7/11/2016. Release of Transcript Restriction set for 9/6/2016.
1
Certificate
1 Attachment
520
06/08/2016
Transcript of Proceedings held on August 24, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 6/29/2016. Redacted Transcript Deadline set for 7/11/2016. Release of Transcript Restriction set for 9/6/2016.
1
Certificate
1 Attachment
521
06/08/2016
Transcript of Proceedings held on August 25, 2016, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 6/29/2016. Redacted Transcript Deadline set for 7/11/2016. Release of Transcript Restriction set for 9/6/2016.
1
Certificate
1 Attachment
522
06/08/2016
Transcript of Proceedings held on August 26, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 6/29/2016. Redacted Transcript Deadline set for 7/11/2016. Release of Transcript Restriction set for 9/6/2016.
1
Certificate
1 Attachment
523
06/08/2016
Transcript of Proceedings held on August 31, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 6/29/2016. Redacted Transcript Deadline set for 7/11/2016. Release of Transcript Restriction set for 9/6/2016.
1
Certificate
1 Attachment
524
06/08/2016
Transcript of Proceedings held on September 1, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 6/29/2016. Redacted Transcript Deadline set for 7/11/2016. Release of Transcript Restriction set for 9/6/2016.
1
Certificate
1 Attachment
525
06/08/2016
Transcript of Proceedings held on September 2, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 6/29/2016. Redacted Transcript Deadline set for 7/11/2016. Release of Transcript Restriction set for 9/6/2016.
1
Certificate
1 Attachment
526
06/08/2016
Transcript of Proceedings held on September 3, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 6/29/2016. Redacted Transcript Deadline set for 7/11/2016. Release of Transcript Restriction set for 9/6/2016.
1
Certificate
1 Attachment
527
06/09/2016
Transcript of Proceedings held on September 8, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 6/30/2016. Redacted Transcript Deadline set for 7/11/2016. Release of Transcript Restriction set for 9/7/2016.
1
Certificate
1 Attachment
528
06/09/2016
Transcript of Proceedings held on September 9, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 6/30/2016. Redacted Transcript Deadline set for 7/11/2016. Release of Transcript Restriction set for 9/7/2016.
1
Certificate
1 Attachment
529
06/09/2016
Transcript of Proceedings held on September 10, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 6/30/2016. Redacted Transcript Deadline set for 7/11/2016. Release of Transcript Restriction set for 9/7/2016.
1
Certificate
1 Attachment
530
06/09/2016
Transcript of Proceedings held on September 14, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 6/30/2016. Redacted Transcript Deadline set for 7/11/2016. Release of Transcript Restriction set for 9/7/2016.
1
Certificate
1 Attachment
531
06/10/2016
Transcript of Proceedings held on September 15, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 7/1/2016. Redacted Transcript Deadline set for 7/11/2016. Release of Transcript Restriction set for 9/8/2016.
1
Certificate
1 Attachment
532
06/10/2016
Transcript of Proceedings held on September 16, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 7/1/2016. Redacted Transcript Deadline set for 7/11/2016. Release of Transcript Restriction set for 9/8/2016.
1
Certification
1 Attachment
533
06/10/2016
Transcript of Proceedings held on September 17, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 7/1/2016. Redacted Transcript Deadline set for 7/11/2016. Release of Transcript Restriction set for 9/8/2016.
1
Certification
1 Attachment
534
06/10/2016
Transcript of Proceedings held on September 21, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 7/1/2016. Redacted Transcript Deadline set for 7/11/2016. Release of Transcript Restriction set for 9/8/2016.
1
Certification
1 Attachment
535
06/10/2016
Transcript of Proceedings held on September 22, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 7/1/2016. Redacted Transcript Deadline set for 7/11/2016. Release of Transcript Restriction set for 9/8/2016.
1
Certification
1 Attachment
536
06/10/2016
Transcript of Proceedings held on September 23, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 7/1/2016. Redacted Transcript Deadline set for 7/11/2016. Release of Transcript Restriction set for 9/8/2016.
1
Certification
1 Attachment
537
06/10/2016
Transcript of Proceedings held on September 24, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 7/1/2016. Redacted Transcript Deadline set for 7/11/2016. Release of Transcript Restriction set for 9/8/2016.
1
Certification
1 Attachment
538
06/10/2016
Transcript of Proceedings held on September 28, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 7/1/2016. Redacted Transcript Deadline set for 7/11/2016. Release of Transcript Restriction set for 9/8/2016.
1
Certification
1 Attachment
539
06/10/2016
Transcript of Proceedings held on September 29, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 7/1/2016. Redacted Transcript Deadline set for 7/11/2016. Release of Transcript Restriction set for 9/8/2016.
1
Certification
1 Attachment
540
06/10/2016
***SEALED TRANSCRIPT*** Transcript of Proceedings held on September 30, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 7/1/2016. Redacted Transcript Deadline set for 7/11/2016. Release of Transcript Restriction set for 9/8/2016. (Additional attachment(s) added on 6/10/2016: # 1 Certification).
541
06/10/2016
Transcript of Proceedings held on September 30, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 7/1/2016. Redacted Transcript Deadline set for 7/11/2016. Release of Transcript Restriction set for 9/8/2016.
1
Certification
1 Attachment
542
06/13/2016
Transcript of Proceedings held on October 1, 2015-October 14, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 7/4/2016. Redacted Transcript Deadline set for 7/14/2016. Release of Transcript Restriction set for 9/12/2016.
1
Certification
1 Attachment
543
06/13/2016
Transcript of Proceedings held on October 15, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 7/4/2016. Redacted Transcript Deadline set for 7/14/2016. Release of Transcript Restriction set for 9/12/2016.
1
Certification
1 Attachment
544
06/13/2016
***SEALED TRANSCRIPT*** Transcript of Proceedings held on October 19, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 7/4/2016. Redacted Transcript Deadline set for 7/14/2016. Release of Transcript Restriction set for 9/12/2016. Modified on 6/13/2016.
1
Certification
1 Attachment
545
06/13/2016
Transcript of Proceedings held on October 19, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 7/4/2016. Redacted Transcript Deadline set for 7/14/2016. Release of Transcript Restriction set for 9/12/2016.
1
Certification
1 Attachment
546
06/13/2016
Transcript of Proceedings held on October 20, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 7/4/2016. Redacted Transcript Deadline set for 7/14/2016. Release of Transcript Restriction set for 9/12/2016.
1
Certification
1 Attachment
547
06/13/2016
Transcript of Proceedings held on October 21, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 7/4/2016. Redacted Transcript Deadline set for 7/14/2016. Release of Transcript Restriction set for 9/12/2016.
1
Certification
1 Attachment
548
06/13/2016
Transcript of Proceedings held on October 22, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 7/4/2016. Redacted Transcript Deadline set for 7/14/2016. Release of Transcript Restriction set for 9/12/2016.
1
Certification
1 Attachment
549
06/13/2016
Transcript of Proceedings held on October 23, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 7/4/2016. Redacted Transcript Deadline set for 7/14/2016. Release of Transcript Restriction set for 9/12/2016.
1
Certification
1 Attachment
550
06/13/2016
Transcript of Proceedings held on October 26, 2015, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 7/4/2016. Redacted Transcript Deadline set for 7/14/2016. Release of Transcript Restriction set for 9/12/2016.
1
Certification
1 Attachment
551
06/15/2016
Transcript Redaction Request re 534 Transcript, 535 Transcript, 524 Transcript, 514 Transcript, 520 Transcript, by attorney William Edward Olson. filed by on behalf of United States of America
552
06/15/2016
NOTICE by United States of America re 534 Transcript, 535 Transcript, 524 Transcript, 514 Transcript, 520 Transcript, of Intent to Request Redactions
553
06/16/2016
NOTIFICATION THAT TRANSCRIPT HAS BEEN FILED IN DISTRICT COURT (SAC)
554
06/20/2016
TRANSCRIPT REQUEST by GGNSC Administrative Services, Hospice Preferred Choice, Inc., Hospice of Eastern Carolina, Inc. for proceedings held on All necessary transcripts on file before Judge Bowdre, J.
555
06/20/2016
NOTICE by United States of America re 546 Transcript, of Intent to Request Redactions
556
06/21/2016
Transcript of Proceedings held on November 6, 2012, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 7/12/2016. Redacted Transcript Deadline set for 7/22/2016. Release of Transcript Restriction set for 9/19/2016.
1
https://ecf.alnd.uscourts.gov/doc1/01914190375" onClick="goDLS{{'/doc1/01914190375','140754','1738','','2','1','',''}};">1</a> Certification) (SAC)
1 Attachment
557
06/21/2016
Transcript of Proceedings held on September 16, 2013, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 7/12/2016. Redacted Transcript Deadline set for 7/22/2016. Release of Transcript Restriction set for 9/19/2016. (Additional attachment(s) added on 6/21/2016: # 2 Exhibit Certification).
558
06/21/2016