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12-004 - United States of America ex rel. et al v. D.S. Medical LLC et al


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12-004 - United States of America ex rel. et al v. D.S. Medical LLC et al
November 6, 2014
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MEMORANDUM AND ORDER re:66 MOTION Regarding Standard of Proof filed by Defendant Sonjay Fonn, Defendant Midwest Neurosurgeons, LLC; MOTION IS DENIED. Signed by District Judge Audrey G. Fleissig on 11/6/14. (MRS) Modified on 3/8/2017 (CSG).
January 21, 2015
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MEMORANDUM AND ORDER re:62 MOTION to Strike and Memorandum in Support filed by Deborah Seeger, D.S. Medical LLC, Defendant Sonjay Fonn, Defendant Midwest Neurosurgeons, LLC. IT IS HEREBY ORDERED that Defendants' Motion to Strike portions of the Complaint in Intervention is DENIED. (Doc. No. 62.) Signed by District Judge Audrey G. Fleissig on 1/21/15. (CSG)
February 11, 2015
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MEMORANDUM AND ORDER re:64 MOTION to Dismiss Case Pursuant to Rule 12(b) filed by Deborah Seeger, D.S. Medical LLC, Defendant Sonjay Fonn, Defendant Midwest Neurosurgeons, LLC. IT IS HEREBY ORDERED that Defendants' motion to dismiss the Complaint in Intervention for failure to state a claim is DENIED. (Doc. No. 64.) Signed by District Judge Audrey G. Fleissig on 2/11/15. (CSG)
February 12, 2015
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MEMORANDUM AND ORDER re:65 MOTION to Dismiss Case Motion to Dismiss Based on Rule 9(b) filed by Deborah Seeger, D.S. Medical LLC, Defendant Sonjay Fonn, Defendant Midwest Neurosurgeons, LLC. IT IS HEREBY ORDERED that Defendants' motion to dismiss the complaint (in intervention) for failure to allege fraud with sufficient particularity is DENIED. (Doc. No. 65.) Signed by District Judge Audrey G. Fleissig on 2/12/15. (CSG)
June 9, 2016
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MEMORANDUM AND ORDER re:133 MOTION to Compel Privilege Log filed by Defendant Sonjay Fonn motion is GRANTED. Signed by District Judge Audrey G. Fleissig on 6/9/16. (MRS)
June 9, 2016
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MEMORANDUM AND ORDER re:137 MOTION to Compel Production and Memorandum in Support filed by Defendant Sonjay Fonn..IT IS HEREBY ORDERED that Defendant Dr. Sonjay Fonns motion (Doc. No. 137) to compel production of three PowerPoints is GRANTED with respect to the PowerPoint presented to SMFC and DENIED with respect to the PowerPoints presented to counsel for Defendants. Signed by District Judge Audrey G. Fleissig on 6/9/16. (MRS)
June 9, 2016
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MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that Defendant Dr. Sonjay Fonn's motion (Doc. No. 131) for a protective order regarding confidential health information is GRANTED in part and DENIED in part, as set forth. The proposed protective order will be filed as a Protective Order in this case by separate document. IT IS FURTHER ORDERED that Plaintiff's motion (Doc. No. 134) for a protective order forbidding Dr. Fonn from discovery regarding surgeries performed by Dr. Kee Park from February, 2008, to June 16, 2008, is DENIED with respect to spinal surgeries, and GRANTED with respect to other surgeries. Signed by District Judge Audrey G. Fleissig on 6/9/16. (MRS)
August 26, 2016
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MEMORANDUM AND ORDER re:139 MOTION to Compel Discovery and Memorandum in Support filed by Defendant Sonjay Fonn. IT IS HEREBY ORDERED that Defendant Sonjay Fonns motion (Doc. No. 139) to compel production of the four Reports of Interview is GRANTED. The government shall forthwith produce the four Reports of Interview. Signed by District Judge Audrey G. Fleissig on 8/26/16. (CSG)
December 22, 2016
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d DENIED in part, as follows: (1) The motion to compel is granted with respect to the 27 Reports of interviews conducted before the Government intervened in this case for which an attorney's name is not associated. The Government shall produce these Reports to Dr. Fonn within seven days of this Memorandum and Order. (2) The motion to compel is held in abeyance with respect to the 15 Reports of interviews conducted before the Government intervened in this case for which an attorneys name is associated. The Government shall submit these Reports to the Court within seven days of the date of this Memorandum and Order for in camera review. (3) The motion is denied with respect to the 26 Reports of interviews conducted after the Government iMEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant Dr. Sonjay Fonn's motion (Doc. No. 157) to compel production of the Reports of Interviews listed in the Government's log noted above is GRANTED in part, HELD IN ABEYANCE in part, anntervened in the case. Signed by District Judge Audrey G. Fleissig on 12/22/2016. (JMC)
January 9, 2017
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the parties shall, within seven days of the date of this Memorandum and Order, agree upon which limited number of documents, if any, subject to the motion to compel under consideration, warrant the Court's in camera review, and Defendants shall submit those documents to the Court within 14 days of the date of this Memorandum and Order. Signed by District Judge Audrey G. Fleissig on 1/9/17. (CSG)
February 9, 2017
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's motion (Doc. No. 157) is GRANTED with respect to the remaining 15 Reports at issue, which the Government shall forthwith provide to Defendants. Signed by District Judge Audrey G. Fleissig on 2/9/17. (CSG)
April 7, 2017
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MEMORANDUM AND ORDER re:240 Joint MOTION in Limine Regarding Evidence of Lack of Medical Necessity filed by Defendant Deborah Seeger, Defendant D.S. Medical LLC, Defendant Sonjay Fonn, Defendant Midwest Neurosurgeons, LLC. IT IS HEREBY ORDERED that Defendants' motion in limine to preclude evidence related to the "lack of medical necessity" is DENIED. (ECF No. 240.) Signed by District Judge Audrey G. Fleissig on 4/7/17. (CSG)
May 23, 2017
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MEMORANDUM AND ORDER re:197 MOTION for Partial Summary Judgment filed by Plaintiff United States of America motion is DENIED without prejudice to the government filing a new motion for partial summary judgment within seven (7) days of this Memorandum and Order.. Signed by District Judge Audrey G. Fleissig on 5/23/17. (MRS)
August 7, 2017
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MEMORANDUM AND ORDER re:219 Joint MOTION to Strike the Declaration of Agent Minden and Certain Portions of the Government's Statement of Uncontroverted Facts filed by Defendant Deborah Seeger, Defendant D.S. Medical LLC, Defendant Sonjay Fonn, Defendant Midwest Neurosurgeons, LLC. IT IS HEREBY ORDERED that Defendants' motion to strike is GRANTED as to Agent Timothy Minden's November 29, 2016 Declaration, and DENIED as to portions of the government's Statement of Uncontroverted Material Facts in support of its Motion for Partial Summary Judgment. ECF No. 219. Signed by District Judge Audrey G. Fleissig on 8/7/17. (CSG)
August 9, 2017
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MEMORANDUM AND ORDER re:164 MOTION to Compel Production of Documents Withheld Under Defendants' "Limited Waiver' of Privilege filed by Plaintiff United States of America. IT IS HEREBY ORDERED that the government's motion (ECF. No. 164) to compel production of documents withheld under Defendants' waiver of the attorney client privilege is GRANTED with respect to Document CTRL00012437 and related attachments, and DENIED in all other regards. Defendants shall turn over the document at issue to the government within five days of the date of this Memorandum and Order. Signed by District Judge Audrey G. Fleissig on 8/9/17. (CSG)
August 31, 2017
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MEMORANDUM AND ORDER re:198 Joint MOTION for Summary Judgment Defendants' Joint Motion for Summary Judgment filed by Defendant Deborah Seeger, Defendant D.S. Medical LLC, Defendant Sonjay Fonn, Defendant Midwest Neurosurgeons, LLC - IT IS HEREBY ORDERED that Defendants' joint motion for summary judgment is DENIED. (ECF No. 198.) Signed by District Judge Audrey G. Fleissig on 8/31/2017. (JMC)
August 31, 2017
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MEMORANDUM AND ORDER re:183 MOTION to Compel & Re-open Depositions of Mr. Fogle and Dr. Fonn filed by Plaintiff United States of America, 181 MOTION to Compel the Production of Additional Documents from Thompson Coburn LLP filed by Plaintiff United States of America - IT IS HEREBY ORDERED that the government's motion (ECF No. 181) to compel the production of documents from Thompson Coburn LLP regarding legal advice, as narrowed by the government's supplemental brief, is GRANTED as set forth above. Thompson Coburn LLP shall produce the documents with respect to which the motion is granted within five days of the date of this Memorandum and Order. IS FURTHER ORDERED that the government's motion (ECF. No. 183) to re-open the depositions of James Fogle and Dr. Sonjay Fonn is GRANTED. The government shall be allowed four hours with each deponent; the parties shall confer and arrange for a time and place for the new depositions that should be completed on or before September 15, 2017. Signed by District Judge Audrey G. Fleissig on 8/31/2017. (JMC)
September 22, 2017
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MEMORANDUM AND ORDER re:282 Joint MOTION for Reconsideration re 277 Memorandum & Order, Joint Motion for Reconsideration Regarding the Application of the "Primary Purpose" Standard Based on New Eighth Circuit Decision filed by Defendant Deborah Seeger, Defendant D.S. Medical LLC, Defendant Sonjay Fonn, Defendant Midwest Neurosurgeons, LLC. IT IS HEREBY ORDERED that Defendants' joint motion for reconsideration of the standard to be applied to the inducement element of an AKS violation is DENIED. ECF No. 282. Signed by District Judge Audrey G. Fleissig on 9/22/17. (CSG)
October 3, 2017
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MEMORANDUM AND ORDER re:252 Amended MOTION for Partial Summary Judgment filed by Plaintiff United States of America, 270 MOTION for Leave to File Supplemental Declarations in Support of Amended Motion for Partial Summary Judgment filed by Plaintiff United States of America. IT IS HEREBY ORDERED that government's motion for leave to file supplemental declarations in support of its amended motion for partial summary judgment is DENIED. ECF No. 270. IT IS FURTHER ORDERED that the government's amended motion for partial summary judgment is DENIED. ECF. No. 252. Signed by District Judge Audrey G. Fleissig on 10/3/17. (CSG)
October 4, 2017
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MEMORANDUM AND ORDER re:271 MOTION in Limine to Exclude Reference to Evidence Contradicting Plaintiff's Evidence Concerning Amounts of Medicare and Medicaid Reimbursement filed by Plaintiff United States of America. IT IS HEREBY ORDERED that government's motion to preclude reference by Defendants to evidence contradicting the government's evidence regarding the amounts of Medicare/ Medicaid payments involved in the case is DENIED. ECF No. 271. Signed by District Judge Audrey G. Fleissig on 10/4/17. (CSG)
October 24, 2017
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MEMORANDUM AND ORDER: Upon review of the record and following the final pretrial conference in this case held on the record on October 23, 2017, and for the reasons stated more fully on the open record, the Court sets forth its rulings on the parties' motions in limine re:318 MOTION in Limine Regardingthe False Claims Act Materiality Requirement filed by Plaintiff United States of America, 315 MOTION in Limine Regarding Witness Statements filed by Plaintiff United States of America, 320 MOTION in Limine to Exclude Reference to False Claims Act Damages, Penalties, or Collateral Consequences filed by Plaintiff United States of America, 316 MOTION in Limine Regarding A Civil Settlement Agreement With Saint Francis Medical Center filed by Plaintiff United States of America, 329 Joint MOTION in Limine to Calculate Damages Based on the Government's Actual Losses filed by Defendant Deborah Seeger, Defendant D.S. Medical LLC, Defendant Sonjay Fonn, Defendant Midwest Neurosurgeons, LLC, 311 Joint MOTION in Limine to Exclude Allusion or Reference to Defendnant Sonjay Fonn's Purported "Abusive" Nature as Suggested by the Government filed by Defendant Deborah Seeger, Defendant D.S. Medical LLC, Defendant Sonjay Fonn, Defendant Midwest Neurosurgeons, LLC, 330 Joint MOTION in Limine to Exclude from any Damage Calculation Expenses Unrelated to Surgeries filed by Defendant Deborah Seeger, Defendant D.S. Medical LLC, Defendant Sonjay Fonn, Defendant Midwest Neurosurgeons, LLC, 324 Joint MOTION in Limine to Exclude the Government's Proffered 404(b) Evidence Regarding Defendant Sonjay Fonn's Statements to the Ohio Medical Board filed by Defendant Deborah Seeger, Defendant D.S. Medical LLC, Defendant Sonjay Fonn, Defendant Midwest Neurosurgeons, LLC, 309 Joint MOTION in Limine Regarding Medicare Funding and Tax Dollars filed by Defendant Deborah Seeger, Defendant D.S. Medical LLC, Defendant Sonjay Fonn, Defendant Midwest Neurosurgeons, LLC, 334 Joint MOTION in Limine Regarding Lay Witness Testimony which Properly Falls Under Rule 702 filed by Defendant Deborah Seeger, Defendant D.S. Medical LLC, Defendant Sonjay Fonn, Defendant Midwest Neurosurgeons, LLC, 331 Joint MOTION in Limine to Exclude Evidence of Illegal Remunerations which the Government Failed to Disclose or Supplement in Responding to Contention Interrogatories filed by Defendant Deborah Seeger, Defendant D.S. Medical LLC, Defendant Sonjay Fonn, Defendant Midwest Neurosurgeons, LLC, 314 MOTION in Limine to Permit Leading Questions By the United States of Defendants and Witnesses Identified With Defendants filed by Plaintiff United States of America, 326 Joint MOTION in Limine to Exclude Evidence that Defendant Sonjay Fonn is not Board Certified filed by Defendant Deborah Seeger, Defendant D.S. Medical LLC, Defendant Sonjay Fonn, Defendant Midwest Neurosurgeons, LLC, 312 Joint MOTION in Limine to Exclude Evidence Regarding the Statutory Purpose of the Anti-Kickback Statute filed by Defendant Deborah Seeger, Defendant D.S. Medical LLC, Defendant Sonjay Fonn, Defendant Midwest Neurosurgeons, LLC, 319 MOTION in Limine Regarding Damages filed by Plaintiff United States of America, 323 Joint MOTION in Limine to Exclude the Government's Proffered 404(b) Evidence Regarding Defendant Sonjay Fonn's Amedica Stock Purchase and the Corresponding Conflict of Interest Form filed by Defendant Deborah Seeger, Defendant D.S. Medical LLC, Defendant Sonjay Fonn, Defendant Midwest Neurosurgeons, LLC, 328 Joint MOTION in Limine to Exclude Evidence of Thompson Coburn's Drafts and Potential Legal Advice Never Actually Provided to Defendants filed by Defendant Deborah Seeger, Defendant D.S. Medical LLC, Defendant Sonjay Fonn, Defendant Midwest Neurosurgeons, LLC, 310 Joint MOTION in Limine to Exclude Evidence of Defendants' Charitable Contributions filed by Defendant Deborah Seeger, Defendant D.S. Medical LLC, Defendant Sonjay Fonn, Defendant Midwest Neurosurgeons, LLC, 308 Joint MOTION in Limine to Exclude Advisory Opinions and Other Publications Issued by the Office of the Inspector General and Related Testimony filed by Defendant Deborah Seeger, Defendant D.S. Medical LLC, Defendant Sonjay Fonn, Defendant Midwest Neurosurgeons, LLC, 325 Joint MOTION in Limine Regarding Evidence Related to Patients Covered by Blue Cross Blue Shield filed by Defendant Deborah Seeger, Defendant D.S. Medical LLC, Defendant Sonjay Fonn, Defendant Midwest Neurosurgeons, LLC, 332 Joint MOTION in Limine to Exclude Evidence for the Government's Failure to Disclose it in Discovery filed by Defendant Deborah Seeger, Defendant D.S. Medical LLC, Defendant Sonjay Fonn, Defendant Midwest Neurosurgeons, LLC, 335 Joint MOTION in Limine Regarding Testimony from Medicare Employees or Agents (or Medicaid Employees) filed by Defendant Deborah Seeger, Defendant D.S. Medical LLC, Defendant Sonjay Fonn, Defendant Midwest Neurosurgeons, LLC, 321 MOTION in Limine to Exclude Reference to Previously Undisclosed Evidence filed by Plaintiff United States of America, 322 Joint MOTION in Limine to Exclude Evidence of Websites Purportedly Establishing Certification of AKS Compliance by Saint Francis Medical Center filed by Defendant Deborah Seeger, Defendant D.S. Medical LLC, Defendant Sonjay Fonn, Defendant Midwest Neurosurgeons, LLC, 317 MOTION in Limine to Exclude Any Reference to Defendants' Criminal Indictment or its Dismissal without Prejudice filed by Plaintiff United States of America, 313 MOTION in Limine to Exclude Reference to the Withdrawing of, or Lack of, Certain Expert Witnesses filed by Plaintiff United States of America, 333 Joint MOTION in Limine as to the Government's Spreadsheets Reflecting Alleged Claims Filed by and Payments to Either Midwest Neurosurgeons or Saint Francis Medical Center filed by Defendant Deborah Seeger, Defendant D.S. Medical LLC, Defendant Sonjay Fonn, Defendant Midwest Neurosurgeons, LLC. SEE ORDER FOR WRITTEN RULINGS ON ALL MOTIONS IN LIMINE. IT IS FURTHER ORDERED that Defendants' oral motion for the Court to reconsider its prior ruling that the preponderance of evidence standard will apply to all aspects of this civil case is DENIED. Signed by District Judge Audrey G. Fleissig on 10/24/17. (CSG)
December 14, 2017
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MEMORANDUM AND ORDER re:426 MOTION for Judgment as a Matter of Law filed by Defendant Deborah Seeger, Defendant D.S. Medical LLC, Defendant Sonjay Fonn, Defendant Midwest Neurosurgeons, LLC, 409 ORAL MOTION Re: Judgment as a Matter of Law at Close of Plaintiff's Case filed by Defendant Deborah Seeger, Defendant D.S. Medical LLC, Defendant Sonjay Fonn, Defendant Midwest Neurosurgeons, LLC. IT IS HEREBY ORDERED that Defendants' oral motions (ECF Nos. 409 and 426) are DENIED. Signed by District Judge Audrey G. Fleissig on 12/14/17. (CSG)