United States of America et al v. Performance Accounts Receivable, LLC, et al

Plaintiff
Mitchell D. Monsour represented by J. Brad Pigott
PIGOTT & JOHNSON, P.A.
775 North Congress Street
Jackson, MS 39202
601/354-2121
Fax: 601/354-7854
Email: bpigott@prjlawyers.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
Walton Stephen Vaughan represented by J. Brad Pigott
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant
North Sunflower Medical Center
TERMINATED: 09/27/2017
Defendant
North Sunflower Medical Foundation
TERMINATED: 09/27/2017
Defendant
Franklin County Memorial Hospital
TERMINATED: 09/27/2017
Defendant
Franklin County Memorial Hospital Medical Foundation
TERMINATED: 09/27/2017
Defendant
Tallahatchie General Hospital and Entended Care Facility
TERMINATED: 09/27/2017
Defendant
Tallahatchie General Hospital Medical Foundation
TERMINATED: 09/27/2017
Defendant
Performance Accounts Receivable, LLC represented by Helen Virginia Kramer
MCHARD, MCHARD, ANDERSON & ASSOCIATES, PLLC
140 Mayfair Road, Suite 1500
Hattiesburg, MS 39402
6014804051
Email: h.virginia.kramer@gmail.com
ATTORNEY TO BE NOTICED

Samuel S. McHard
MCHARD, MCHARD, ANDERSON & ASSOCIATES, PLLC
140 Mayfair Road, Suite 1500
Hattiesburg, MS 39402
601/450-1715
Fax: 601/450-1719
Email: smchard@mchardlaw.com
ATTORNEY TO BE NOTICED
Defendant
Performance Capital Leasing, LLC represented by Helen Virginia Kramer
(See above for address)
ATTORNEY TO BE NOTICED

Samuel S. McHard
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Stepping Stones Healthcare, LLC represented by Jeffrey Scott Newton
BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC – Jackson
One Eastover Center
100 Vision Drive, Suite 400
P. O. Box 14167 (39236-4167)
Jackson, MS 39211
601/351-8914
Fax: 601/351-2424
Email: snewton@bakerdonelson.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Robert F. Walker
BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC – Jackson
One Eastover Center
100 Vision Drive, Suite 400
P. O. Box 14167 (39236-4167)
Jackson, MS 39211
601/351-2400
Fax: 601/351-2424
Email: rwalker@bakerdonelson.com
ATTORNEY TO BE NOTICED
Defendant
Wellness Environments, Inc.
TERMINATED: 09/27/2017
Defendant
Wade Walters represented by Helen Virginia Kramer
(See above for address)
ATTORNEY TO BE NOTICED

Samuel S. McHard
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Clayton V. Deardorff represented by Jeffrey Scott Newton
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Robert F. Walker
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Mike Boleware
TERMINATED: 12/20/2017
Defendant
Hope Thomley represented by Carol Ann Estes Bustin
BUSTIN LAW FIRM – Hattiesburg
22 98 Place Blvd., Suite 70
Hattiesburg, MS 39402
601/268-6551
Fax: 601/268-6771
Email: cbustin@netdoor.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Dennis L. Pierce
TERMINATED: 03/21/2018 represented by Andrew A. Hatten
BRYAN NELSON, PA – Hattiesburg
109 Fairfield Drive
P. O. Drawer 18109 (39404)
Hattiesburg, MS 39402
601/261-4100
Fax: 601/261-4106
Email: ahatten@bnlawfirm.com

Rick D. Norton
BRYAN NELSON, PA – Hattiesburg
109 Fairfield Drive
P. O. Drawer 18109 (39404)
Hattiesburg, MS 39402
601/261-4100
Email: rnorton@bnlawfirm.com

William Arthur Whitehead , Jr.
BRYAN NELSON, PA
P.O. Drawer 18109
Hattiesburg, MS 39404-8109
601/261-4100
Email: wwhitehead@bnlawfirm.com
Defendant
Piercon, Inc.
TERMINATED: 03/21/2018 represented by Andrew A. Hatten
(See above for address)

Rick D. Norton
(See above for address)

William Arthur Whitehead , Jr.
(See above for address)
Defendant
Mike Boleware
TERMINATED: 05/15/2018 represented by Lane B. Reed
MCGEHEE, MCGEHEE & TORREY
P. O. Box 188
26 South First Street
Meadville, MS 39653-0188
601/384-2343
Fax: 601/384-5442
Email: mmtlaw@mmtlaw.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Franklin County Memorial Hospital
TERMINATED: 05/15/2018 represented by Lane B. Reed
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed # Docket Text
02/08/2016 3 COMPLAINT against Mike Boleware, Clayton V. Deardorff, Franklin County Memorial Hospital, Franklin County Memorial Hospital Medical Foundation, North Sunflower Medical Center, North Sunflower Medical Foundation, Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC, Dennis L. Pierce, Piercon, Inc., Stepping Stones Healthcare, LLC, Tallahatchie General Hospital Medical Foundation, Tallahatchie General Hospital and Entended Care Facility, Hope Thomley, Wade Wa;ters, Wellness Environments, Inc. ( Filing fee $ 400.00 receipt number 14643007732), filed by Mitchell D. Monsour, United States of America, Walton Stephen Vaughan (Attachments: # 1 Civil Cover Sheet) (RLW) (Entered: 02/08/2016)
07/19/2017 13 NOTICE by United States of America. (PKS) (Entered: 07/19/2017)
08/01/2017 14 ORDER regarding the United States of America’s 13 Notice that it is declining to intervene at this time. Signed by Magistrate Judge John C. Gargiulo on 8/1/2017 (MG) (Entered: 08/01/2017)
08/01/2017 ***Case Unsealed pursuant to 14 Order. (PKS) (Entered: 08/01/2017)
09/27/2017 15 NOTICE of Voluntary Dismissal by Mitchell D. Monsour (Pigott, J.) (Entered: 09/27/2017)
09/28/2017 DOCKET ANNOTATION as to #15: This document states eight defendants remain pending after the voluntary dismissal was entered. The docket sheet reflects nine defendants remain pending. (PKS) (Entered: 09/28/2017)
09/29/2017 16 Summons Issued as to Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC, Dennis L. Pierce, Piercon, Inc., Hope Thomley, Wade Walters. (JCH) (Entered: 09/29/2017)
10/18/2017 17 First MOTION for Extension of Time to File Answer by Dennis L. Pierce, Piercon, Inc. (Norton, Rick) (Entered: 10/18/2017)
10/20/2017 TEXT ONLY ORDER granting as unopposed the 17 Motion for Extension of Time to Respond to Complaint filed by Defendants Dennis L. Pierce and Piercon, Inc. The deadline for Defendants Pierce and Piercon, Inc. to answer or otherwise respond to Plaintiffs’ complaint is 11/21/2017. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 10/20/2017 (MG) (Entered: 10/20/2017)
11/07/2017 18 **ERROR**Disregard this entry. CERTIFICATE OF SERVICE by Mitchell D. Monsour re 16 Summons Issued Certifying Service of Process on Wade Walters (Attachments: # 1 Supplement)(Pigott, J.) Modified on 11/8/2017 (RLW). (Entered: 11/07/2017)
11/07/2017 19 **ERROR**Disregard this entry. CERTIFICATE OF SERVICE by Mitchell D. Monsour Certifying Service of Process on Performance Accounts Receivable LLC (Attachments: # 1 Supplement)(Pigott, J.) Modified on 11/8/2017 (RLW). (Entered: 11/07/2017)
11/07/2017 20 **ERROR**Disregard this entry. CERTIFICATE OF SERVICE by Mitchell D. Monsour Certifying Service of Process on Performance Capital Leasing, LLC (Attachments: # 1 Supplement) (Pigott, J.) Modified on 11/8/2017 (RLW). (Entered: 11/07/2017)
11/07/2017 21 **ERROR**Disregard this entry. CERTIFICATE OF SERVICE by Mitchell D. Monsour Certifying Service of Process on Hope Thomley (Pigott, J.) Modified on 11/8/2017 (RLW). (Entered: 11/07/2017)
11/07/2017 22 **ERROR**Disregard this entry. CERTIFICATE OF SERVICE by Mitchell D. Monsour Certifying Service of Process on Dennis Pierce (Pigott, J.) Modified on 11/8/2017 (RLW). (Entered: 11/07/2017)
11/07/2017 23 **ERROR**Disregard this entry. CERTIFICATE OF SERVICE by Mitchell D. Monsour Certifying Service of Process on Piercon, Inc. (Pigott, J.) Modified on 11/8/2017 (RLW). (Entered: 11/07/2017)
11/08/2017 DOCKET ANNOTATION as to #18 thru #23: (1) Incorrect event chosen. The correct event is Summons Returned Executed; and (2) A return on summons should not be filed without the first page, as issued, preceding the return. Attorney is directed to re-file. The Proof of Service for the unsuccessful attempt should not be included if the service was successful. Docket entries #18 thru #23 will be disregarded. (RLW) (Entered: 11/08/2017)
11/10/2017 24 Second MOTION for Extension of Time to File Answer re 3 Complaint,, by Dennis L. Pierce, Piercon, Inc. (Norton, Rick) (Entered: 11/10/2017)
11/14/2017 TEXT ONLY ORDER granting as unopposed 24 Second Motion for Extension of Time to Respond to Complaint filed by Defendants Dennis L. Pierce and Piercon, Inc. Defendants’ deadline to answer or otherwise respond to Plaintiffs’ Complaint is 12/11/2017. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 11/14/2017 (MG) (Entered: 11/14/2017)
11/16/2017 DOCKET ANNOTATION as to #18 thru #23: Pursuant to the Docket Annotation entered on 11/8/17, the summonses have not been re-filed. (RLW) (Entered: 11/16/2017)
11/17/2017 25 SUMMONS Returned Executed by Mitchell D. Monsour. Hope Thomley served on 10/13/2017, answer due 11/3/2017. (Pigott, J.) (Entered: 11/17/2017)
11/17/2017 26 SUMMONS Returned Executed by Mitchell D. Monsour. Wade Walters served on 10/31/2017, answer due 11/21/2017. (Pigott, J.) (Entered: 11/17/2017)
11/17/2017 27 SUMMONS Returned Executed by Mitchell D. Monsour. Performance Capital Leasing, LLC served on 10/30/2017, answer due 11/20/2017. (Pigott, J.) (Entered: 11/17/2017)
11/17/2017 28 SUMMONS Returned Executed by Mitchell D. Monsour. Performance Accounts Receivable, LLC served on 10/30/2017, answer due 11/20/2017. (Pigott, J.) (Entered: 11/17/2017)
11/17/2017 29 SUMMONS Returned Executed by Mitchell D. Monsour. Piercon, Inc. served on 10/13/2017, answer due 12/11/2017. (Pigott, J.) (Entered: 11/17/2017)
11/17/2017 30 SUMMONS Returned Executed by Mitchell D. Monsour. Dennis L. Pierce served on 10/13/2017, answer due 12/11/2017. (Pigott, J.) (Entered: 11/17/2017)
11/20/2017 DOCKET ANNOTATION as to #29 and #30: Proof of Service of a summons should be completed and filed with the first page, as issued. Attachment of Affidavit of Service is not sufficient without completed proof. Attorney is directed to refile completing Proof of Service AO form 440 including first page as issued. Affidavit of Service may be attached as an exhibit with a description. These documents will be disregarded.(PKS) (Entered: 11/20/2017)
11/21/2017 31 MOTION for Extension of Time to File Answer re 3 Complaint,, by Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC, Wade Walters (McHard, Samuel) (Entered: 11/21/2017)
11/27/2017 TEXT ONLY ORDER granting as unopposed the 31 Motion for Extension of Time to Answer filed by Defendants Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC, and Wade Walters. The deadline for Defendants Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC, and Wade Walters to answer or otherwise respond to Plaintiffs’ Complaint is 12/13/2017. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 11/27/2017 (MG) (Entered: 11/27/2017)
12/11/2017 32 MOTION to Dismiss by Dennis L. Pierce, Piercon, Inc. (Attachments: # 1 Exhibit Exhibit A – First Amended Complaint in State Court case, # 2 Exhibit Exhibit B – Agreed Order in State Court case)(Whitehead, William) (Entered: 12/11/2017)
12/11/2017 33 MEMORANDUM in Support re 32 MOTION to Dismiss filed by Dennis L. Pierce, Piercon, Inc. (Whitehead, William) (Entered: 12/11/2017)
12/13/2017 34 MOTION for Extension of Time to File Answer re 3 Complaint,, by Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC, Wade Walters (McHard, Samuel) (Entered: 12/13/2017)
12/13/2017 35 NOTICE of Appearance by Carol Ann Estes Bustin on behalf of Hope Thomley (Bustin, Carol Ann) (Entered: 12/13/2017)
12/13/2017 36 MOTION to Dismiss by Hope Thomley (Attachments: # 1 Exhibit Circuit Court Order Of Dismissal of Thomley)(Bustin, Carol Ann) (Entered: 12/13/2017)
12/14/2017 TEXT ONLY ORDER granting 34 Motion for Extension of Time to Answer filed by Defendants Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC, and Wade Walters. Defendants’ deadline to answer or otherwise respond to Plaintiffs’ complaint is 12/27/2017. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 12/14/2017 (MG) (Entered: 12/14/2017)
12/18/2017 37 NOTICE of Appearance by Jeffrey Scott Newton on behalf of Clayton V. Deardorff, Stepping Stones Healthcare, LLC (Newton, Jeffrey) (Entered: 12/18/2017)
12/18/2017 38 NOTICE of Appearance by Robert F. Walker on behalf of Clayton V. Deardorff, Stepping Stones Healthcare, LLC (Walker, Robert) (Entered: 12/18/2017)
12/18/2017 39 Unopposed MOTION for Extension of Time to File Response/Reply as to 3 Complaint,, by Clayton V. Deardorff, Stepping Stones Healthcare, LLC (Newton, Jeffrey) (Entered: 12/18/2017)
12/19/2017 TEXT ONLY ORDER granting 39 Motion for Extension of Time to File Responsive Pleading filed by Defendants Stepping Stones Healthcare, LLC and Clayton V. Deardorff. Defendants’ deadline to answer or otherwise respond to Plaintiffs’ complaint is 2/2/2018. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 12/19/2017 (MG) Modified to correct date on 12/19/2017 (MG). (Entered: 12/19/2017)
12/19/2017 Set/Reset Deadlines: Clayton V. Deardorff answer due 2/2/2018; Stepping Stones Healthcare, LLC answer due 2/2/2018. (MG) (Entered: 12/19/2017)
12/20/2017 40 MOTION for Extension of Time to File Response/Reply as to 32 MOTION to Dismiss by Mitchell D. Monsour (Pigott, J.) (Entered: 12/20/2017)
12/20/2017 41 NOTICE of Voluntary Dismissal by Mitchell D. Monsour (Pigott, J.) (Entered: 12/20/2017)
12/21/2017 TEXT ONLY ORDER granting as unopposed Plaintiff’s Motion 40 for Extension of Time. Any response to Defendant Pierce and PierCon’s Motion 32 to Dismiss is now due on or before January 9, 2018. Any response to Defendant Thomley’s Motion 36 to Dismiss is now due on or before January 11, 2018. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on 12/21/2017. (JD) (Entered: 12/21/2017)
12/27/2017 42 **DISREGARD** MOTION to Dismiss and Motion for Summary Judgment by Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC, Wade Walters (McHard, Samuel) Modified on 12/28/2017 (JCH). (Entered: 12/27/2017)
12/27/2017 43 **DISREGARD** MOTION to Dismiss and Memorandum in Support by Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC, Wade Walters (Attachments: # 1 Exhibit 1 PAR Contracts, # 2Exhibit 2 PCL Contracts, # 3 Exhibit 3 Deposition Excerpts, # 4 Exhibit 5 Order of Dismissal, # 5 Exhibit 6 In Rem Complaint, # 6 Exhibit 8 Excerpts, # 7 Exhibit 9 Redacted Settlement Agreement, # 8 Exhibit 10 Agreed Order of Dismissal, # 9 Exhibit 4 Complaint, # 10 Exhibit 7 Motion to Transfer Venue)(McHard, Samuel) Modified on 12/28/2017 (JCH). (Entered: 12/27/2017)
12/28/2017 DOCKET ANNOTATION as to # 42. Attorney is advised that this motion only references a Motion to Dismiss, not a Motion for Summary Judgment. A corrected 2 part motion should be re-filed with all motion reliefs typed in the title of the pleading. DOCKET ANNOTATION as to # 43. Attorney is advised that the wrong event code was used. Once the corrected Motion has been filed, this Memorandum should be re-filed using the Memorandum in Support of Motion event, which can be found under the “Responses and Replies” category. Also, all exhibits to the Memorandum should be attached in order of exhibit number. (JCH) (Entered: 12/28/2017)
12/28/2017 44 MOTION to Dismiss , MOTION for Summary Judgment by Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC, Wade Walters (McHard, Samuel) (Entered: 12/28/2017)
12/28/2017 45 MEMORANDUM in Support re 44 MOTION to Dismiss MOTION for Summary Judgment filed by Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC, Wade Walters (Attachments: # 1 Exhibit 1 PAR Contract, # 2 Exhibit 2 PCL Contract, # 3 Exhibit 3 Deposition Transcript, # 4 Exhibit 4 Complaint, # 5 Exhibit 5 Order of Dismssal, # 6 Exhibit 6 In Rem Complaint, # 7 Exhibit 7 Motion to Transfer Venue, # 8Exhibit 8 Vaughan Deposition Excerpts, # 9 Exhibit 9 Settlement Redacted, # 10 Exhibit 10 Agreed Order of Dismissal)(McHard, Samuel) (Entered: 12/28/2017)
01/05/2018 46 RESPONSE in Opposition re 32 MOTION to Dismiss filed by Mitchell D. Monsour (Pigott, J.) (Entered: 01/05/2018)
01/08/2018 DOCKET ANNOTATION as to #46: Document is signed on behalf of Plaintiff Mitchell D. Monsour, et al. Attorney is advised to include all plaintiff’s names on the pleading and in docket text. This pleading is only filed by Mitchell D. Monsour and not Walton Stephen Vaughan per docket entry. (PKS) (Entered: 01/08/2018)
01/08/2018 47 RESPONSE in Opposition re 36 MOTION to Dismiss filed by Plaintiffs Monsour and Vaughn filed by Walton Stephen Vaughan and Mitchell D. Monsour (Pigott, J.) Modified on 1/8/2018 to add Mitchell D. Monsour(PKS). (Entered: 01/08/2018)
01/08/2018 DOCKET ANNOTATION as to #47: Attorney is advised to include both plaintiffs names on the document and not Mitchell D. Monsour, et al. Attorney is to choose both plaintiffs in the docket text. This entry reflects the filing by Walton Stephen Vaughan who is not listed on the document signed by the attorney. Clerk will edit the entry to add Plaintiff Mitchell D. Monsour. (PKS) (Entered: 01/08/2018)
01/08/2018 48 MOTION for Extension of Time to File Response/Reply as to 44 MOTION to Dismiss MOTION for Summary Judgment by Plaintiffs Monsour and Vaughn by Mitchell D. Monsour (Pigott, J.) (Entered: 01/08/2018)
01/09/2018 TEXT ONLY ORDER granting as unopposed Plaintiff’s Motion 48 for Extension of Time to File Response to Motion 44 to Dismiss and/or Motion for Summary Judgment. Any response to Defendant Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC, and Wade Walters’ Motion 44 to Dismiss and/or Motion for Summary Judgment is now due on or before January 22, 2018. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on 1/9/2018. (JD) (Entered: 01/09/2018)
01/11/2018 49 REPLY to Response to Motion re 32 MOTION to Dismiss filed by Dennis L. Pierce, Piercon, Inc. (Attachments: # 1 Exhibit 1 – Copies of news accounts, # 2 Exhibit 2 – Excerpts from Vaughan Deposition Testimony)(Whitehead, William) (Entered: 01/11/2018)
01/11/2018 50 NOTICE of Appearance by Andrew A. Hatten on behalf of Dennis L. Pierce, Piercon, Inc. (Hatten, Andrew) (Entered: 01/11/2018)
01/20/2018 51 RESPONSE in Opposition re 44 MOTION to Dismiss MOTION for Summary Judgment filed by Mitchell D. Monsour (Attachments: # 1 Exhibit Ex 1, # 2 Exhibit Ex 2, # 3 Exhibit Ex 3)(Pigott, J.) (Entered: 01/20/2018)
01/22/2018 DOCKET ANNOTATION as to #51: L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to include a description of exhibits in future filings. (PKS) (Entered: 01/22/2018)
01/25/2018 52 Unopposed MOTION for Extension of Time to File Response/Reply as to 44 MOTION to Dismiss MOTION for Summary Judgment by Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC, Wade Walters (McHard, Samuel) (Entered: 01/25/2018)
01/26/2018 TEXT ONLY ORDER granting as unopposed Defendants’ 52 Motion for Extension of Time to File Reply in Support of Their 44 Motion to Dismiss. Any Reply is now due on or before February 6, 2018. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on 1/26/2018. (JD) (Entered: 01/26/2018)
01/26/2018 53 Unopposed MOTION for Extension of Time to File Response/Reply as to 3 Complaint,, by Clayton V. Deardorff, Stepping Stones Healthcare, LLC (Newton, Jeffrey) (Entered: 01/26/2018)
01/29/2018 TEXT ONLY ORDER granting as unopposed the 53 Motion for Extension of Time to File Responsive Pleading by Defendants Stepping Stones Healthcare, LLC and Clayton V. Deardorff. The deadline for Defendants Stepping Stones Healthcare, LLC and Clayton v. Deardorff to answer or otherwise respond to Relators’ Complaint is March 5, 2018. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 1/29/2018 (MG) (Entered: 01/29/2018)
01/29/2018 Set/Reset Deadlines: Clayton V. Deardorff answer due 3/5/2018; Stepping Stones Healthcare, LLC answer due 3/5/2018. (MG) (Entered: 01/29/2018)
02/06/2018 54 REPLY to Response to Motion re 44 MOTION to Dismiss MOTION for Summary Judgment filed by Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC, Wade Walters (Attachments: # 1Exhibit 1 – Docket of Federal Court Proceedings, # 2 Exhibit 2 – Docket of PRCH State Court Proceedings, # 3 Exhibit 3 – CMS Report on On-Audit of Medicare Cost Statement, # 4 Exhibit 4 – Vaughn Reopen Request and Response, # 5 Exhibit 5 – LeFoldt Letter to CMS, # 6 Exhibit 6 – PRCH Amended Cost Report, # 7 Exhibit 7 – CMS Notice of Reopening Letter, # 8 Exhibit 8 – CMS NOC-PR Letter, # 9 Exhibit 9 – PRCH Expert Designations., # 10 Exhibit 10 – 12/9/2013 Kirkland Letter to AUSA, # 11 Exhibit 11 – 12/15/2014 Kirkland Letter to ASUA, # 12 Exhibit 12 – In Rem Complaint, # 13 Exhibit 13 – News Articles, # 14 Exhibit 14 – PRCH Complaint)(McHard, Samuel) (Entered: 02/06/2018)
02/14/2018 55 MOTION to Strike 54 Reply to Response to Motion MOTION for Leave to File Sur-Reply Brief by Walton Stephen Vaughan (Attachments: # 1 Exhibit Declaration by Stephen Vaughan – Proposed)(Pigott, J.). Added MOTION for Leave to File on 2/15/2018 (JCH). (Entered: 02/14/2018)
02/14/2018 56 P**DISREGARD**RETRIAL MEMORANDUM by Walton Stephen Vaughan (Pigott, J.) Modified on 2/15/2018 (JCH). (Entered: 02/14/2018)
02/15/2018 DOCKET ANNOTATION as to # 55. 1.) This document requests several motion reliefs. Every motion relief should be selected from the list of motion titles or each relief docketed separately. The same PDF document may be used for all motion filing entries. It is not necessary to refile as court staff has made the necessary correction. Attorney is advised to follow this procedure in future filings. 2.) L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised type in the exhibit letter/number in the description box in future filings. (JCH) (Entered: 02/15/2018)
02/15/2018 DOCKET ANNOTATION as to # 56. Attorney is advised that this document was filed incorrectly and should be re-filed as a Memorandum in Support of Motion to Strike. The correct event can be found under the “Responses and Replies” category. (JCH) (Entered: 02/15/2018)
02/15/2018 57 MEMORANDUM in Support re 55 MOTION to Strike 54 Reply to Response to Motion,,, MOTION for Leave to File Declaration and Surreply filed by Walton Stephen Vaughan (Pigott, J.) (Entered: 02/15/2018)
02/23/2018 58 NOTICE of Appearance by Helen Virginia Kramer on behalf of Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC, Wade Walters (Kramer, Helen) (Entered: 02/23/2018)
02/23/2018 59 RESPONSE to Motion re 55 MOTION to Strike 54 Reply to Response to Motion,,, MOTION for Leave to File Sur-Reply filed by Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC, Wade Walters (McHard, Samuel) (Entered: 02/23/2018)
02/23/2018 60 MOTION for Leave to File New Authority by Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC, Wade Walters (Attachments: # 1 Exhibit 1 – U.S. Ex Rel. Stepe Opinion and Order (M.D. Fla. 2018))(McHard, Samuel) (Entered: 02/23/2018)
02/26/2018 TEXT ONLY ORDER requiring expedited briefing on Defendants Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC, and Wade Walters’ Motion 60 for Leave to Cite New Authority in support of their Motion 44 to Dismiss or for Summary Judgment. Plaintiffs’ response is due on Friday, March 2, 2018. Any rebuttal is due from Defendants on Wednesday, March 7, 2018. NO FURTHER WRITTEN ORDER SHALL ISSUE REGARDING THIS MOTION AT THIS TIME. Signed by District Judge Halil S. Ozerden on February 26, 2018. (BGL) (Entered: 02/26/2018)
02/27/2018 61 Unopposed MOTION for Extension of Time to File Response/Reply as to 3 Complaint,, by Clayton V. Deardorff, Stepping Stones Healthcare, LLC (Newton, Jeffrey) (Entered: 02/27/2018)
02/28/2018 TEXT ONLY ORDER granting as unopposed the 61 Motion for Extension of Time to File Responsive Pleading by Defendants Stepping Stones Healthcare, LLC and Clayton V. Deardorff. The deadline for Defendants Stepping Stones Healthcare, LLC and Clayton v. Deardorff to answer or otherwise respond to Relators’ Complaint is March 19, 2018. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 2/28/2018 (MG) (Entered: 02/28/2018)
03/01/2018 62 RESPONSE to Motion re 60 MOTION for Leave to File New Authority filed by Mitchell D. Monsour (Pigott, J.) (Entered: 03/01/2018)
03/06/2018 63 REPLY to Response to Motion re 60 MOTION for Leave to File New Authority filed by Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC, Wade Walters (McHard, Samuel) (Entered: 03/06/2018)
03/07/2018 TEXT ONLY ORDER granting Defendants Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC, and Wade Walters’ Motion 60 for Leave to File New Authority. The Court will consider the authority attached as Exhibit 1 to Defendants’ Motion 60 , and accord the authority such weight as the Court deems appropriate. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on 3/7/2018. (JD) (Entered: 03/07/2018)
03/07/2018 TEXT ONLY ORDER Granting in Part and Denying in Part Plaintiffs’ Motion 55 to Strike Reply 54 Brief. Defendants’ Reply 54 and attached exhibits will not be stricken. Plaintiffs will be granted leave to file a Surreply of no more than five pages by March 14, 2018. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on 3/7/2018. (JD) (Entered: 03/07/2018)
03/13/2018 64 MEMORANDUM in Opposition re 44 MOTION to Dismiss MOTION for Summary Judgment filed by Mitchell D. Monsour (Attachments: # 1 Exhibit Declaration by Stephen Vaughn)(Pigott, J.) (Entered: 03/13/2018)
03/19/2018 65 MOTION to Dismiss , MOTION for Summary Judgment by Clayton V. Deardorff, Stepping Stones Healthcare, LLC (Attachments: # 1 Exhibit 1 – Complaint in 2013-0203M, # 2 Exhibit 2 – First Amended Complaint in 2012-0277H, # 3 Exhibit 3 – Picayune Item article – Hospital Sues Ex-Director, Others, # 4 Exhibit 4 – Pharmacy Choice article – Defendants Seek Response Extension)(Newton, Jeffrey) (Entered: 03/19/2018)
03/19/2018 66 MEMORANDUM in Support re 65 MOTION to Dismiss MOTION for Summary Judgment filed by Clayton V. Deardorff, Stepping Stones Healthcare, LLC (Newton, Jeffrey) (Entered: 03/19/2018)
03/21/2018 67 NOTICE of Voluntary Dismissal by Mitchell D. Monsour (Pigott, J.) (Entered: 03/21/2018)
03/22/2018 68 Rule 16(a) Initial Order: Telephonic Case Management Conference set for 4/23/2018 at 9:30 AM before Magistrate Judge John C. Gargiulo. (AB) (Entered: 03/22/2018)
04/02/2018 69 RESPONSE in Opposition re 65 MOTION to Dismiss MOTION for Summary Judgment filed by Mitchell D. Monsour (Attachments: # 1 Exhibit Ex 1 – Declaration by Relator Monsour, # 2 Exhibit Ex. 2 – Declaration by Relator Vaughan)(Pigott, J.) (Entered: 04/02/2018)
04/03/2018 DOCKET ANNOTATION as to #69: L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to include an exhibit letter or number on the document and in docket text for future filings. (PKS) (Entered: 04/03/2018)
04/04/2018 70 MOTION to Stay Proceedings by Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC, Wade Walters (McHard, Samuel) (Entered: 04/04/2018)
04/05/2018 71 Unopposed MOTION for Extension of Time to File Response/Reply as to 65 MOTION to Dismiss MOTION for Summary Judgment by Clayton V. Deardorff, Stepping Stones Healthcare, LLC (Newton, Jeffrey) (Entered: 04/05/2018)
04/06/2018 TEXT ONLY ORDER granting as unopposed Defendants’ Motion 71 for Extension of Time to File Reply in Support of Motion to Dismiss. Any Reply to Relators’ Response 69 in Opposition is now due on or before April 16, 2018. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on 4/6/2018. (JD) (Entered: 04/06/2018)
04/06/2018 72 RESPONSE in Opposition re 70 MOTION to Stay Proceedings filed by Mitchell D. Monsour (Pigott, J.) (Entered: 04/06/2018)
04/13/2018 73 MOTION to Strike 69 Response in Opposition to Motion, Declaration of Stephen Vaughan and Declaration of Mitchell Monsour by Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC, Wade Walters (McHard, Samuel) (Entered: 04/13/2018)
04/13/2018 74 MEMORANDUM in Support re 73 MOTION to Strike 69 Response in Opposition to Motion, Declaration of Stephen Vaughan and Declaration of Mitchell Monsour filed by Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC, Wade Walters (Attachments: # 1 Exhibit A – Affidavit of Wade Walters, # 2 Exhibit B – Deposition Summary and Transcript of Mike Nichols, # 3 Exhibit C – Deposition Summary and Transcript of Craig Steen, # 4 Exhibit D – Deposition Summary and Transcript of Tony Cawiezell)(McHard, Samuel) (Entered: 04/13/2018)
04/16/2018 75 REPLY to Response to Motion re 65 MOTION to Dismiss MOTION for Summary Judgment filed by Clayton V. Deardorff, Stepping Stones Healthcare, LLC (Newton, Jeffrey) (Entered: 04/16/2018)
04/16/2018 76 Corporate Disclosure Statement by Stepping Stones Healthcare, LLC (Newton, Jeffrey) (Entered: 04/16/2018)
04/16/2018 77 Joinder in Document by Clayton V. Deardorff, Stepping Stones Healthcare, LLC to 70 MOTION to Stay Proceedings filed by Wade Walters, Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC (Newton, Jeffrey) (Entered: 04/16/2018)
04/17/2018 78 RESPONSE in Opposition re 73 MOTION to Strike 69 Response in Opposition to Motion, Declaration of Stephen Vaughan and Declaration of Mitchell Monsour filed by Mitchell D. Monsour (Pigott, J.) (Entered: 04/17/2018)
04/23/2018 Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: Telephonic Case Management Conference held on 4/23/2018. PARTICIPANTS: J. Brad Pigott (counsel for Plaintiffs Mitchell D. Monsour and Walton Stephen Vaughan); Helen Virginia Kramer and Samuel S. McHard (counsel for Defendants Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC and Wade Walters); Jeffrey Scott Newton and Robert F. Walker (counsel for Defendants Stepping Stones Healthcare, LLC and Clayton V. Deardorff); Carol Ann Estes Bustin (counsel for Defendant Hope Thomley). The parties discussed discovery required, as well as other case management deadlines. A case management order will not be entered at this time. (AB) (Entered: 04/23/2018)
04/24/2018 TEXT ONLY ORDER denying Defendants’ Motion 70 to Stay Proceedings Pending the Court’s Ruling on Defendants’ Motions to Dismiss and Motions for Summary Judgment. Defendants’ maintain that they are entitled to a stay of proceedings under L.U. Civ. R. 16(b)(3)(B) because two of their dispositive motions 44 64 challenge this Court’s jurisdiction over Relators’ False Claims Act (FCA) claims. Because the Court finds no jurisdictional defense present in Defendants’ motions, see Abbott v. BP Expl. & Prod., Inc., 851 F.3d 384, 387 n.2 (5th Cir. 2017) (applying the amended non-jurisdictional public disclosure bar to FCA claims that included allegations of pre-2010-amendment activity), Defendants’ Motion 70 to Stay Proceedings is denied. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 4/24/2018 (MG) (Entered: 04/24/2018)
04/24/2018 79 CASE MANAGEMENT ORDER: Disclosure due by 5/8/2018. Jury Trial set for a three week trial calendar beginning on 8/5/2019 at 9:00 AM in Courtroom 706 (Gulfport) before District Judge Halil S. Ozerden. Pretrial Conference set for 7/23-25/2019 at 9:00 AM in Courtroom 706 (Gulfport) before District Judge Halil S. Ozerden. Discovery due by 11/30/2018. Designate Experts Plaintiff Deadline due by 7/18/2018. Designate Experts for Defendant Deadline due by 9/18/2018. Motions due by 12/14/2018. Settlement Conference set for 2/5/2019 at 9:30 AM in Chambers 672 (Gulfport) before Magistrate Judge John C. Gargiulo. ADR Report due by 7/16/2019. Proposed Pretrial Order due by 7/23/2019. EDT: 8-10 days. Parties do not consent. Signed by Magistrate Judge John C. Gargiulo on 4/24/2018 (AB) (Entered: 04/24/2018)
04/24/2018 80 MOTION FOR ENTRY OF AN ORDER OF DISMISSAL by Mike Boleware, Franklin County Memorial Hospital (Reed, Lane) (Entered: 04/24/2018)
05/01/2018 81 **DISREGARD** RESPONSE in Support re [] MOTION FOR ENTRY OF AN ORDER OF DISMISSAL filed by Mitchell D. Monsour (Pigott, J.) Modified on 5/2/2018 (PKS). (Entered: 05/01/2018)
05/02/2018 DOCKET ANNOTATION as to #81: Incorrect event chosen. Attorney is advised to refile document choosing the correct event code “Joinder in Document” found under the category “Other Documents” and link it to 80Motion for Entry of an Order of Dismissal. This document will be disregarded on the docket. (PKS) (Entered: 05/02/2018)
05/10/2018 SECOND DOCKET ANNOTATION as to # 81. Attorney was previously advised by a docket annotation entered on 5/2/2018 to re-file this document using the event code “Joinder in Document”, which can be found under the “Other Documents” category. As of 5/10/2018, this document has yet to be re-filed. (JCH) (Entered: 05/10/2018)
05/11/2018 82 NOTICE of Service of Initial Disclosure by Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC, Wade Walters (Kramer, Helen) (Entered: 05/11/2018)
05/13/2018 83 NOTICE of Service of Disclosure by Hope Thomley (Bustin, Carol Ann) (Entered: 05/13/2018)
05/13/2018 84 Amended NOTICE of Service of Disclosure by Hope Thomley (Bustin, Carol Ann) (Entered: 05/13/2018)
05/14/2018 85 AGREED PROTECTIVE ORDER. Signed by Magistrate Judge John C. Gargiulo on 5/14/18 (HM) (Entered: 05/14/2018)
05/15/2018 86 ORDER granting 80 Motion for Entry of an Order of Dismissal. Signed by District Judge Halil S. Ozerden on 5/15/2018. (JD) (Entered: 05/15/2018)
05/15/2018 TEXT ONLY ORDER Denying as Moot Defendants Dennis Pierce and PierCon, Inc.’s Motion 32 to Dismiss. Defendants Dennis Pierce and PierCon, Inc. have been dismissed without prejudice pursuant to the Notice 67of Voluntary Dismissal. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on 5/15/2018. (JD) (Entered: 05/15/2018)
05/29/2018 87 NOTICE of Service of Response to Interrogatories by Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC, Wade Walters (Kramer, Helen) (Entered: 05/29/2018)
05/29/2018 88 NOTICE of Service of Response to Request for Production by Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC, Wade Walters (Kramer, Helen) (Entered: 05/29/2018)
05/29/2018 89 NOTICE of Service of 1st Set of Request for Production by Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC, Wade Walters (McHard, Samuel) (Entered: 05/29/2018)
06/05/2018 90 MOTION for Extension of Time to Complete Discovery by Hope Thomley (Bustin, Carol Ann) (Entered: 06/05/2018)
06/25/2018 TEXT ONLY ORDER denying 90 Motion for Extension of Time to Complete Discovery. The motion failed to inform the Court the amount of additional time needed, and it failed to inform the Court whether the motion was opposed or unopposed in accordance with Local Uniform Civil Rule 7(b)(10). Therefore, the motion is denied. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 6/25/2018 (AG) (Entered: 06/25/2018)
06/26/2018 91 NOTICE of Service of Answers to Interrogatories and Response to Request for Production by Hope Thomley (Bustin, Carol Ann) (Entered: 06/26/2018)
06/27/2018 DOCKET ANNOTATION as to #91: This document notices service of multiple forms of discovery. Each event should be separately docketed. The same PDF document may be used for all entries. Attorney is advised to docket the same pdf document as a Notice of Service of Response to Interrogatories found under Discovery Documents. (PKS) (Entered: 06/27/2018)
06/27/2018 92 NOTICE of Service of 1st Set of Interrogatories by Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC, Wade Walters (McHard, Samuel) (Entered: 06/27/2018)
06/27/2018 93 NOTICE of Service of 1st Set of Request for Admissions by Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC, Wade Walters (McHard, Samuel) (Entered: 06/27/2018)
06/27/2018 94 NOTICE of Service of 2nd Set of Request for Production by Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC, Wade Walters (McHard, Samuel) (Entered: 06/27/2018)
06/27/2018 95 NOTICE of Service of Response to Interrogatories by Hope Thomley (Bustin, Carol Ann) (Entered: 06/27/2018)
06/28/2018 96 Joint MOTION to Extend Case Management Order [Doc. 79] Deadline by Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC, Wade Walters (McHard, Samuel) (Entered: 06/28/2018)
06/29/2018 TEXT ONLY ORDER granting 96 Joint Motion to Modify Case Management Order. An Amended Case Management Order will be entered by separate docket entry to follow. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 6/29/2018 (AG) (Entered: 06/29/2018)
06/29/2018 TEXT ONLY AMENDED CASE MANAGEMENT ORDER: Discovery due by 1/29/2019. Designate Experts Plaintiff Deadline due by 9/17/2018. Designate Experts for Defendant Deadline due by 11/19/2018. Motions due by 2/12/2019. Settlement Conference set for 4/4/2019 at 9:30 AM in Chambers 672 (Gulfport) before Magistrate Judge John C. Gargiulo. All other case management deadlines remain unchanged. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 6/29/2018 (AB) (Entered: 06/29/2018)
07/04/2018 97 *** DISREGARD *** Supplemental MOTION to Dismiss and Memo in support of Combined Motion to Dismiss Motion for Summary Judgment by Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC, Wade Walters (Attachments: # 1 Exhibit Ex 1 Email between Pigott and Reed, # 2 Exhibit Group Ex 2 Relators’ SDTs to former Hospital Defendants, # 3 Exhibit Ex 3 CMS.gov Publicly Available Information Index)(McHard, Samuel) Modified on 7/5/2018 (PKS). (Entered: 07/04/2018)
07/05/2018 DOCKET ANNOTATION as to #97: Incorrect event chosen. This document should be refiled as a Memorandum in Support of Motion and link it to document 44 . This motion will be terminated and disregarded on the docket. (PKS) (Entered: 07/05/2018)
07/05/2018 98 MEMORANDUM in Support re 44 MOTION to Dismiss MOTION for Summary Judgment filed by Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC, Wade Walters (Attachments: # 1 Exhibit 1 – FOIA letter, # 2 Exhibit 2 – Subpoena Duces Tecum, # 3 Exhibit 3 – FOIA Index)(McHard, Samuel) (Entered: 07/05/2018)
07/06/2018 TEXT ONLY ORDER striking Defendants’ Supplemental Memorandum 98 in Support of Motion to Dismiss/Motion for Summary Judgment. Local Uniform Civil Rule 7(b)(4) provides that the movant must file a memorandum brief in support of the motion at the time the motion is served. Defendants have already filed a twenty-two page Memorandum 45 in Support of Motion to Dismiss and Motion for Summary Judgment and an eighteen page Reply 54 . Local Uniform Civil Rule 7(b)(5) provides that the “[m]ovant’s original and rebuttal memorandum briefs together may not exceed a total of thirty-five pages.” The Court will strike Defendants’ Supplemental Memorandum 98 and will not consider it in ruling on Defendants’ Motion. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on 7/6/2018. (JD) (Entered: 07/06/2018)
07/19/2018 99 NOTICE of Service of 1st Set of Supplemental Request for Production by Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC, Wade Walters (McHard, Samuel) (Entered: 07/19/2018)
08/03/2018 100 NOTICE of Service of Response to Interrogatories by Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC, Wade Walters (McHard, Samuel) (Entered: 08/03/2018)
08/03/2018 101 NOTICE of Service of Response to Request for Production by Performance Accounts Receivable, LLC, Performance Capital Leasing, LLC, Wade Walters (McHard, Samuel) (Entered: 08/03/2018)
09/17/2018 102 *** DISREGARD *** NOTICE of Service of Designation of Experts by Mitchell D. Monsour (Attachments: # 1 Attachment Expert Report – Pgs 1-51, # 2 Attachment Expert Report – Pgs 52-108)(Pigott, J.) Modified on 9/18/2018 (PKS). (Entered: 09/17/2018)
09/18/2018 DOCKET ANNOTATION as to #102: Actual designation of experts are not to be filed with the Court. Only a Notice of Service of Designation of Experts is to be filed with the court. Attorney is directed to correct the error by refiling a Notice of Service of Designation of Experts. This document will be disregarded on the docket. (PKS) (Entered: 09/18/2018)