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12-4239 - POLANSKY et al. V. EXECUTIVE HEALTH RESOURCES INC. et al.


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12-4239 - POLANSKY et al. V. EXECUTIVE HEALTH RESOURCES INC. et al.
May 10, 2016
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R AND THE ACCOMPANYING MEMORANDUM OF LAW MAY BE ISSUED. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 5/10/2016. 5/11/2016 ENTERED AND COPIES MAILED. (emssl)MEMORANDUM AND/OR OPINION ORDER THAT RELATOR'S CLAIMS UNDER THE NEW MEXICO MEDICAID FALSE CLAIMS ACT IN COUNTS XLVII AND XLVIII OF HIS SECOND AMENDED COMPLAINT (DOC. NO. 12) ARE DISMISSED WITHOUT PREJUDICE PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1). EXECUTIVE HEALTH RESOURCES, INC.'S MOTION IS GRANTED TO THE EXTENT THAT RELATOR'S REMAINING STATE LAW CLAIMS AGAINST IT ARE DISMISSED WITH LEAVE TO AMEND. EXECUTIVE HEALTH RESOURCES, INC.'S MOTION IS DENIED IN ALL OTHER RESPECTS AND UNITEDHEALTH GROUP, INC., UNITEDHEALTHCARE SERVICES, INC., OPTUM, INC., AND OPTUMSIGHT, INC.'S MOTION TO DISMISS IS GRANTED AND RELATOR'S REMAINING CLAIMS AGAINST THEM ARE DISMISSED WITH LEAVE TO AMEND AND YALE-NEW HAVEN HOSPITAL, INC. AND COMMUNITY HOSPITAL OF THE MONTEREY PENINSULA'S MOTION TO DISMISS IS GRANTED AND RELATOR'S CLAIMS AGAINST THEM ARE DISMISSED WITH LEAVE TO AMEND. RELATOR JESSE POLANSKY MAY FILE AN AMENDED COMPLAINT ON ALL CLAIMS THAT HE HAS NOT VOLUNTARILY DISMISSED BY 6/13/2016 TO THE EXTENT THAT HE CAN PLEAD SUFFICIENT FACTS UPON WHICH TO DO SO. IT IS FURTHER ORDERED THAT, BECAUSE THIS ORDER AND THE ACCOMPANYING MEMORANDUM OF LAW MAY CONTAIN CONFIDENTIAL INFORMATION, THEY HAVE BEEN FILED UNDER SEAL PENDING REVIEW BY THE PARTIES TO PERMIT THE PARTIES TO MEET AND CONFER AND PROPOSE A SINGLE JOINTLY REDACTED VERSION OF THE ORDER AND THE ACCOMPANYING MEMORANDUM OF LAW. ON OR BEFORE 6/13/2016, THE PARTIES SHALL PROVIDE THE COURT WITH ANY PROPOSED REDACTED ORDER AND ACCOMPANYING MEMORANDUM OF LAW OR SHALL INFORM THE COURT THAT NO REDACTIONS ARE REQUIRED. THE PARTIES SHALL ALSO ADVISE THE COURT OF ANY FURTHER ACTION TO BE TAKEN, IF ANY, BEFORE A PUBLICLY-AVAILABLE VERSION OF THIS ORDE
July 26, 2016
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REDACTED MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 5/10/2016. 7/26/2016 ENTERED AND COPIES MAILED. (emssl)
July 26, 2016
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REDACTED MEMORANDUM AND/OR OPINION ORDER THAT RELATOR'S CLAIMS UNDER THE NEW MEXICO MEDICAID FALSE CLAIMS ACT IN COUNTS XLVII AND XLVIII OF HIS SECOND AMENDED COMPLAINT (DOC. NO. 12) ARE DISMISSED WITHOUT PREJUDICE PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1). EXECUTIVE HEALTH RESOURCES, INC.'S MOTION IS GRANTED TO THE EXTENT THAT RELATOR'S REMAINING STATE LAW CLAIMS AGAINST IT ARE DISMISSED WITH LEAVE TO AMEND. EXECUTIVE HEALTH RESOURCES, INC.'S MOTION IS DENIED IN ALL OTHER RESPECTS AND UNITEDHEALTH GROUP, INC., UNITEDHEALTHCARE SERVICES, INC., OPTUM, INC., AND OPTUMSIGHT, INC.'S MOTION TO DISMISS IS GRANTED AND RELATOR'S REMAINING CLAIMS AGAINST THEM ARE DISMISSED WITH LEAVE TO AMEND AND YALE-NEW HAVEN HOSPITAL, INC. AND COMMUNITY HOSPITAL OF THE MONTEREY PENINSULA'S MOTION TO DISMISS IS GRANTED AND RELATOR'S CLAIMS AGAINST THEM ARE DISMISSED WITH LEAVE TO AMEND. RELATOR JESSE POLANSKY MAY FILE AN AMENDED COMPLAINT ON ALL CLAIMS THAT HE HAS NOT VOLUNTARILY DISMISSED BY 6/13/2016 TO THE EXTENT THAT HE CAN PLEAD SUFFICIENT FACTS UPON WHICH TO DO SO. IT IS FURTHER ORDERED THAT, BECAUSE THIS ORDER AND THE ACCOMPANYING MEMORANDUM OF LAW MAY CONTAIN CONFIDENTIAL INFORMATION, THEY HAVE BTHIS ORDER AND THE ACCOMPANYING MEMORANDUM OF LAW MAY BE ISSUED. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 5/10/2016. 7/26/2016 ENTERED AND COPIES MAILED. (emssl)EEN FILED UNDER SEAL PENDING REVIEW BY THE PARTIES TO PERMIT THE PARTIES TO MEET AND CONFER AND PROPOSE A SINGLE JOINTLY REDACTED VERSION OF THE ORDER AND THE ACCOMPANYING MEMORANDUM OF LAW. ON OR BEFORE 6/13/2016, THE PARTIES SHALL PROVIDE THE COURT WITH ANY PROPOSED REDACTED ORDER AND ACCOMPANYING MEMORANDUM OF LAW OR SHALL INFORM THE COURT THAT NO REDACTIONS ARE REQUIRED. THE PARTIES SHALL ALSO ADVISE THE COURT OF ANY FURTHER ACTION TO BE TAKEN, IF ANY, BEFORE A PUBLICLY-AVAILABLE VERSION OF