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10-245 - TULLIO EMANUELE v. MEDICOR ASSOCIATES, INC. et al


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10-245 - TULLIO EMANUELE v. MEDICOR ASSOCIATES, INC. et al
July 26, 2013
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MEMORANDUM OPINION AND ORDER granting 67 Defendant Flagship's Motion to Dismiss for Failure to State a Claim; denying 69 Defendants Ferraro, Furr, Petrella, Trageser and Medicor's Motion to Dismiss for Failure to State a Claim; denying 71 Defendant Hamot's Motion to Dismiss for Failure to State a Claim; granting 73 Defendant Zone's Motion to Dismiss for Failure to State a Claim. AND NOW, this 26th day of July, 2013, and for the reasons set forth in the accompanying Memorandum Opinion, IT IS HEREBY ORDERED that the Motions to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) filed by Defendants Flagship (Dkt 67) and Zone (Dkt. 73) are GRANTED with prejudice. Defendants Flagship and Zone are dismissed from this action.The Motions to Dismiss filed by Defendants Ferraro, Furr, Petrella, Trageser, Medicor, and Hamot (Dkts. 69 and 71) are each denied. Signed by Chief Judge Sean J. McLaughlin on 7/26/2013. (jdg)
July 29, 2014
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MEMORANDUM OPINION re 131 MOTION to Compel Answers to Interrogatories and Production of Documents filed by TULLIO EMANUELE, M.D., 144 SPECIAL MASTER REPORT AND RECOMMENDATION filed by DAVID G. OBERDICK. Signed by Chief Judge Joy Flowers Conti on 7/29/2014. (blr)
March 15, 2017
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MEMORANDUM OPINION re 321 MOTION to Strike 307 Concise Statement of Material Facts, 309 Concise Statement of Material Facts filed by MEDICOR ASSOCIATES, INC., ROBERT J. FERRARO, M.D., CHARLES M. FURR, M.D., THE HAMOT MEDICAL CENTER OF THE CITY OF ERIE PENNSYLVANIA, TIMOTHY C. TRAGESER, M.D., RICHARD W. PETRELLA, M.D., 324 MOTION to Strike 314 Concise Statement of Material Facts filed by MEDICOR ASSOCIATES, INC., ROBERT J. FERRARO, M.D., CHARLES M. FURR, M.D., THE HAMOT MEDICAL CENTER OF THE CITY OF ERIE PENNSYLVANIA, TIMOTHY C. TRAGESER, M.D., RICHARD W. PETRELLA, M.D., 282 MOTION for Summary Judgment filed by ROBERT J. FERRARO, M.D., CHARLES M. FURR, M.D., TIMOTHY C. TRAGESER, M.D., RICHARD W. PETRELLA, M.D., 280 MOTION for Summary Judgment filed by MEDICOR ASSOCIATES, INC., 276 MOTION for Partial Summary Judgment on Stark Law Issues filed by TULLIO EMANUELE, M.D., 286 MOTION for Summary Judgment filed by THE HAMOT MEDICAL CENTER OF THE CITY OF ERIE PENNSYLVANIA. An appropriate order follows. Signed by Chief Judge Joy Flowers Conti on 3/15/2017. (smc)
March 21, 2017
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MEMORANDUM OPINION re 298 Second MOTION To Exclude The Report and Testimony of Kathy McNamara filed by THE HAMOT MEDICAL CENTER OF THE CITY OF ERIE PENNSYLVANIA. Signed by Chief Judge Joy Flowers Conti on 3/21/2017. (smc)
August 25, 2017
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MEMORANDUM OPINION re 357 Motion for Reconsideration filed by defendants The Hamot Medical Center of the City of Erie and Medicor Associates, Inc. As set forth in the accompanying memorandum opinion, defendants' motion for reconsideration is denied. An appropriate order follows. Signed by Chief Judge Joy Flowers Conti on 8/25/17. (jdg)
October 26, 2017
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For the reasons set forth in the accompanying Memorandum Opinion, Defendants Motion in Limine to Preclude Evidence or Bifurcate Trial (ECF No. 377) is DENIED; Relators Motion in Limine to Preclude Reference to Any Burden of Proof Other than a Preponderance of the Evidence (ECF No. 398) is GRANTED; Relators Motion in Limine Regarding the Measure of Damages under the False Claims Act (ECF No. 408) is GRANTED; and Relators Motion to Strike (ECF No. 449) is GRANTED. Signed by Chief Judge Joy Flowers Conti on 10/26/17. (jdg)