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United States ex rel. Lammers v. Heidapour

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
Mar 11, 2013
No. CV 08-3411 WHA (N.D. Cal. Mar. 11, 2013)

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


Summaries of

United States ex rel. Lammers v. Heidapour

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
Mar 11, 2013
No. CV 08-3411 WHA (N.D. Cal. Mar. 11, 2013)
Case details for

United States ex rel. Lammers v. Heidapour

Case Details

Full title:UNITED STATES ex rel. BONNIE LAMMERS M.D., Plaintiff and Relator, v…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Date published: Mar 11, 2013

Citations

No. CV 08-3411 WHA (N.D. Cal. Mar. 11, 2013)