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11-157 - Griffith et al v. Conn et al


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11-157 - Griffith et al v. Conn et al
February 19, 2013
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the United States as authorized by 31 U.S.C. ยง 3730(c)(3). (7) The relator shall not settle or voluntarily dismiss the case without first obtaining consent of the US. Signed by Judge Amul R. Thapar on 2/19/2013. (TDA)cc: CORMEMORANDUM OPINION & ORDER: (1) US' motion for a sixty-day stay, R. 17, is DENIED. (2) The complaint, R. 2, and US' notice of decision not to intervene, R. 14, are UNSEALED. (3) The relators SHALL SERVE the complaint on dfts. The relators SHALL SERVE the notice of decision not to intervene and this Order on dfts after serving the complaint. (4) Court will unseal all prior filings in this case except R. 12, R. 15-2, and R. 17-2 on Friday, March 8, 2013. US SHALL FILE any objections to lifting the seal on any other filings by Friday, March 1, 2013. (5) The seal is LIFTED in this case as to all future filings. (6) All filings in this case SHALL be served on
July 30, 2013
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MEMORANDUM OPINION & ORDER: 1) The amended complaint 28 and 31 is UNSEALED. 2) US' motion to seal the amended complaint for 60 days 35 is DENIED. 3) Plaintiffs SHALL SERVE the amended complaint 28 & the US' notice of decision not to intervene 14 on the defendants within 30 days (by 8/28/13). Signed by Judge Amul R. Thapar on 7/30/2013. (RKT) cc: COR
February 24, 2015
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MEMORANDUM OPINION & ORDER: 1) Dfts' motions to dismiss for lack of subject-matter jurisdiction 135 136 137 138 139 140 150 are GRANTED IN PART as to Carver's claims as they relate to conduct of the dfts occurring before March 23, 2010. 2) Dfts' motions to dismiss for lack of subject-matter jurisdiction 135 136 137 138 139 140 150 are DENIED IN PART as to Griffith's claims. 3) Dft Adkins motion 150 is also GRANTED IN PART as to claims related to false medical records under Count V & Count VI that accrued before March 23, 2010, as the Court held in its prior order, R. 145. 4) To the extent dft Adkins' motion to dismiss raises non-jurisdictional issues R. 136, those portions of the motion are DENIED WITHOUT PREJUDICE. Signed by Judge Amul R. Thapar on 2/24/2015.(RKT)cc: COR
July 27, 2015
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MEMORANDUM OPINION & ORDER: (1) Conn's and Daugherty's motions to dismiss, R. 156, R. 160, are GRANTED IN PART and DENIED IN PART. The motions are DENIED as to allegations in Count 1 relating to Conn's statements on Forms 1560 and 1696 regarding his resignation from the Veterans Court. The motion is also DENIED as to the conspiracy claim in Count 7. The remaining portion of Count 1, and all of Counts 2, 3, 4, 5, 6, and 8 of the complaint are DISMISSED WITHOUT PREJUDICE. (2) The motions to dismiss from defendants Herr, Ammisetty, and Adkins, R. 146, R. 158, R. 162 are GRANTED. The counts related to those defendants are DISMISSED WITHOUT PREJUDICE. (3) Any claims accruing before October 11, 2005, are BARRED. Signed by Judge Amul R. Thapar on 7/27/2015. (TDA) cc: COR
December 11, 2015
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MEMORANDUM OPINION & ORDER, (1) The relators motion for leave to file a Third Amended Complaint, R. 190, is GRANTED. (2) Clerk shall docket the Proposed Third Amended Complaint, R. 190, as the relators Third Amended Complaint. (3) The Counts that the Court has already dismissed in its previous orderCounts 2, 3, 4, 5, 6 and all parts of Count 1 except those allegations related to Conns statements on Forms 1560 and 1696 regarding his resignation from the Veterans Court, see R. 176 at 42 are DISMISSED WITHOUT PREJUDICE. Signed by Judge Amul R. Thapar on 12/11/2015.(MJY)cc: COR
January 7, 2016
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MEMORANDUM OPINION & ORDER: Conn and his employees are free to assert their rights as they see fit. If they choose to do so, Court will decide at a later date whether to draw an adverse inference. For the time being, however, it is ORDERED that Conn's motion in limine, R. 202, is DENIED WITHOUT PREJUDICE. Signed by Judge Amul R. Thapar on 1/7/2016. (TDA) cc: COR, David Daugherty via US mail Modified cc: on 1/8/2016 (TDA).
March 14, 2016
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MEMORANDUM OPINION & ORDER: Conn's motion to dismiss 212 is DENIED. Signed by Judge Amul R. Thapar on 3/14/2016. (TDA) cc: COR & Daugherty
April 22, 2016
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MEMORANDUM OPINION & ORDER: (1) The government's motion to partially intervene for good cause, R. 223, is GRANTED. (2) The relators' motion for leave to file a statement of interest, R. 238, is GRANTED. Clerk shall docket the relators' statement of interest, R. 238-1. (3) The government's unopposed motion to partially amend the scheduling order, R. 240, is GRANTED. The government SHALL PROVIDE its Rule 26(a)(1) disclosures to the parties by Friday, April 29, 2016. Signed by Judge Amul R. Thapar on 4/22/2016. (TDA) cc: COR & Daugherty via US Mail
September 9, 2016
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MEMORANDUM OPINION & ORDER: (1) The government's motion to stay this case, R. 265, is DENIED. (2) The defendants' motion to stay this case, R. 266, is DENIED. (3) The defendants' objections, R. 272, to Magistrate Judge Edward Atkins's order denying Conn's motion for a protective order, R. 269, are OVERRULED as moot. Signed by Judge Amul R. Thapar on 9/9/2016. (TDA) cc: COR & Daugherty
March 20, 2018
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OPINION & ORDER: (1) The relators' motion for summary judgment (DE 319) is GRANTED IN PART and TAKEN UNDER ADVISEMENT in part. The motion is GRANTED as to dft Daughertys liability on Counts VII, VIII, IX, and X of the third amended complaint. The Court RESERVES ruling on the issue of damages; (2) A telephonic status conference will be scheduled by a separate order. Signed by Judge Karen K. Caldwell on 3/20/18.(MJY) cc: COR