United States, ex rel. et al v. Hebrard et al

Filing 66

ORDER GRANTING LEAVE TO AMEND by Hon. William Alsup granting 63 Stipulation.(whalc1, COURT STAFF) (Filed on 3/11/2013)

Case3:08-cv-03411-WHA Document63 Filed02/28/13 Page1 of 3

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STUART F. DELERY
Principal Deputy Assistant Attorney General

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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: [phone]
Facsimile: [phone]
e-mail: [e-mail]

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MICHAEL GRANSTON
RENÉE BROOKER
ALAN S. GALE
U.S. Department of Justice
P.O. Box 261
Ben Franklin Station
Washington, D.C. 20044
Telephone: [phone]
e-mail: [e-mail]

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Attorneys for the United States of America

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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UNITED STATES ex rel. BONNIE LAMMERS, )
M.D.,
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Plaintiff and Relator,
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v.
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FARIDEH HEIDAPOUR; ALI HEIDAPOUR; )
and A.B.C. BILLING, INC.
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Defendants.
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No. CV 08-3411 WHA
STIPULATION FOR LEAVE TO FILE
UNITED STATES’ FIRST AMENDED
COMPLAINT; [PROPOSED] ORDER

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Subject to the Court’s approval, IT IS HEREBY STIPULATED AND AGREED by the
Parties, through their undersigned counsel of record, that:

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1. This case was originally filed in 2008 by Bonnie Lammers, M.D., as qui tam relator

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under the False Claims Act (FCA), 31 U.S.C. §§ 3729-33. The qui tam provisions of the FCA
STIP. FOR LEAVE TO FILE U.S. 1st AMENDED COMPLAINT
Case No. CV 08-3411 WHA

Case3:08-cv-03411-WHA Document63 Filed02/28/13 Page2 of 3

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authorize private parties (known as relators) to file lawsuits alleging FCA violations on behalf of

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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

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its complaint on May 15, 2012 (Dkt No. 28). Defendants filed their answer on December 14,

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2012 (Dkt. No. 59).
3. During the United States’ investigation of this case, the government had a medical

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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

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action, and were dismissed in August 2012 pursuant to a settlement agreement) notified

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government counsel that they had failed to produce certain medical records responsive to a

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subpoena the United States served on them in 2008 in connection with the related criminal

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investigation pending in the Western District of Oklahoma. After obtaining those records, the

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government had further review conducted.
5. Based on this further review, the United States has revised its damages calculations

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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

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November 30, 2012 (Dkt. No. 57) (setting February 28, 2013 as the last date to seek leave to add

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any new parties or pleading amendments), the United States now seeks leave to file the attached

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First Amended Complaint, which reflects the updated damages calculation. Revisions have been

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made to Paragraphs 21-25, 27-29, and 31. Relator and Defendants concur in this request.
IT IS SO STIPULATED.

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STIP. FOR LEAVE TO FILE U.S. 1st AMENDED COMPLAINT
Case No. CV 08-3411 WHA

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Case3:08-cv-03411-WHA Document63 Filed02/28/13 Page3 of 3

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Respectfully submitted,

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STUART F. DELERY,
Principal Deputy Assistant Attorney General

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MELINDA HAAG
United States Attorney

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Dated: February 28, 2013

By:

_______/s/ signature on file________
SARA WINSLOW
MELANIE L. PROCTOR
Assistant United States Attorneys

Dated: February 28, 2013

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By:

_______/s/ signature on file________
MICHAEL GRANSTON
RENEE BROOKER
ALAN GALE
Civil Division, U.S. Department of Justice
Attorneys for the United States

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MCBREEN & SENIOR
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Dated: February 28, 2013

By:

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_______/s/ signature on file________
MATTHEW WESTON
Attorney for Relator

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ROGERS JOSEPH O'DONNELL

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Dated: February 28, 2013

By:

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_______/s/ signature on file________
ALLAN J. JOSEPH
PATRICIA A. MEAGHER
Attorneys for Defendant

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[PROPOSED] ORDER
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Pursuant to stipulation, and for good cause shown, the United States’ request for leave to
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file an amended complaint is hereby granted. The clerk is directed to file the United States’ First
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Amended Complaint as of the date this Order is entered. Defendants’ Answer or other response
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to the First Amended Complaint is due within 14 days of the date this Order is entered and
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served on Defendants, pursuant to Fed. R. Civ. P. 15(a)(3).
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IT IS SO ORDERED.
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March 11, 2013.
Dated: ______________________

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STIP. FOR LEAVE TO FILE U.S. 1st AMENDED COMPLAINT
Case No. CV 08-3411 WHA

______________________________
HON. WILLIAM ALSUP
United States District Judge

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