Opinion
No. CV 08-3411 WHA
03-11-2013
UNITED STATES ex rel. BONNIE LAMMERS M.D., Plaintiff and Relator, v. FARIDEH HEIDAPOUR; ALI HEIDAPOUR; and A.B.C. BILLING, INC. Defendants.
STUART F. DELERY, Principal Deputy Assistant Attorney General MELINDA HAAG United States Attorney By: signature on file SARA WINSLOW MELANIE L. PROCTOR Assistant United States Attorneys By: signature on file MICHAEL GRANSTON RENEE BROOKER ALAN GALE Civil Division, U.S. Department of Justice Attorneys for the United States MCBREEN & SENIOR By: signature on file MATTHEW WESTON Attorney for Relator ROGERS JOSEPH O'DONNELL By: signature on file ALLAN J. JOSEPH PATRICIA A. MEAGHER Attorneys for Defendant
STUART F. DELERY
Principal Deputy Assistant Attorney General
MELINDA HAAG (CABN 132612)
United States Attorney
ALEX G. TSE (CABN 152348)
Chief, Civil Division
SARA WINSLOW (DCBN 457643)
MELANIE L. PROCTOR (CABN 228971)
Assistant United States Attorneys
450 Golden Gate Avenue, Box 36055
San Francisco, California 94102
Telephone: (415) 436-6925
Facsimile: (415) 436-6748
e-mail: sara.winslow@usdoj.gov
MICHAEL GRANSTON
RENEE BROOKER
ALAN S. GALE
U.S. Department of Justice
P.O. Box 261
Ben Franklin Station
Washington, D.C. 20044
Telephone: (202) 307-6296
e-mail: alan.gale@usdoj.gov
Attorneys for the United States of America
STIPULATION FOR LEAVE TO FILE
UNITED STATES' FIRST AMENDED
COMPLAINT; [PROPOSED] ORDER
Subject to the Court's approval, IT IS HEREBY STIPULATED AND AGREED by the Parties, through their undersigned counsel of record, that:
1. This case was originally filed in 2008 by Bonnie Lammers, M.D., as qui tam relator under the False Claims Act (FCA), 31 U.S.C. §§ 3729-33. The qui tam provisions of the FCA authorize private parties (known as relators) to file lawsuits alleging FCA violations on behalf of the United States. 31 U.S.C. § 3730(b).
2. The United States intervened in this action on October 31, 2011 (Dkt No. 19) and filed its complaint on May 15, 2012 (Dkt No. 28). Defendants filed their answer on December 14, 2012 (Dkt. No. 59).
3. During the United States' investigation of this case, the government had a medical record review conducted on a sample of the patient records at issue in this case.
4. In 2012, the Advanced Clinics (which were originally named as Defendants in this action, and were dismissed in August 2012 pursuant to a settlement agreement) notified government counsel that they had failed to produce certain medical records responsive to a subpoena the United States served on them in 2008 in connection with the related criminal investigation pending in the Western District of Oklahoma. After obtaining those records, the government had further review conducted.
5. Based on this further review, the United States has revised its damages calculations downward (from approximately $7.9 million to approximately $6.5 million).
6. Pursuant to Fed. R. Civ. P. 15(a) and the Court's Case Management Order dated November 30, 2012 (Dkt. No. 57) (setting February 28, 2013 as the last date to seek leave to add any new parties or pleading amendments), the United States now seeks leave to file the attached First Amended Complaint, which reflects the updated damages calculation. Revisions have been made to Paragraphs 21-25, 27-29, and 31. Relator and Defendants concur in this request.
IT IS SO STIPULATED.
Respectfully submitted,
STUART F. DELERY,
Principal Deputy Assistant Attorney General
MELINDA HAAG
United States Attorney
By: signature on file
SARA WINSLOW
MELANIE L. PROCTOR
Assistant United States Attorneys
By: signature on file
MICHAEL GRANSTON
RENEE BROOKER
ALAN GALE
Civil Division, U.S. Department of Justice
Attorneys for the United States
MCBREEN & SENIOR
By: signature on file
MATTHEW WESTON
Attorney for Relator
ROGERS JOSEPH O'DONNELL
By: signature on file
ALLAN J. JOSEPH
PATRICIA A. MEAGHER
Attorneys for Defendant
[PROPOSED] ORDER
Pursuant to stipulation, and for good cause shown, the United States' request for leave to file an amended complaint is hereby granted. The clerk is directed to file the United States' First Amended Complaint as of the date this Order is entered. Defendants' Answer or other response to the First Amended Complaint is due within 14 days of the date this Order is entered and served on Defendants, pursuant to Fed. R. Civ. P. 15(a)(3).
IT IS SO ORDERED.
______________
HON. WILLIAM ALSUP
United States District Judge