United States of America et al v. Orlando Heart & Vascular Center, LLC et al

Filing 107

ORDER granting 98 Motion to Compel Response to First Request to Produce to OHVC; granting 99 Motion to Compel Response to First Interrogatories to Orlando Heart and Vascular Center; granting 100 Motion to Compel Response to Third Interro gatories to OHVC; granting 101 Motion to Compel Response to First Interrogatories to Vineel Sompalli; granting in part and denying in part 102 Motion to Withdraw as Attorney. See Order for additional details. Signed by Magistrate Judge Daniel C. Irick on 1/18/2023. (TNP)

Case 6:19-cv-01884-CEM-DCI Document 107 Filed 01/18/23 Page 1 of 5 PageID 1169

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
UNITED STATES OF AMERICA and
JESSICA ELS,
Plaintiffs,
v.

Case No: 6:19-cv-1884-CEM-DCI

ORLANDO HEART & VASCULAR
CENTER, LLC and VINEEL
SOMPALLI,
Defendants.

ORDER
Attorneys Todd Foster and Kevin Darken of the Todd Foster Law Group, LLC represent
Orlando Heart and Vascular Center, LLC (the Corporate Defendant) and Vineel Sompalli, M.D.
(the Individual Defendant) in this matter. Pending before the Court is Defendants’ counsels’
unopposed motion to withdraw as counsel for Defendants. Doc. 102 (the Motion to Withdraw).
The Court held a hearing on the Motion to Withdraw on January 18, 2023. The Motion to
Withdraw is due to be granted in part.
Also pending before the Court are Relator’s four motions to compel, all filed on December
27, 2022. Docs. 98, 99, 100, 101 (the Motions to Compel). Neither Defendant responded to the
Motions to Compel and the time to do so has passed. Doc. 72. The Court routinely grants motions
as unopposed where the opposing parties have not filed a response in opposition to the motion.
See Local Rule 3.01(c); see also Foster v. The Coca-Cola Co., 2015 WL 3486008, at *1 (M.D.
Fla. June 2, 2015) (finding that a motion to compel was unopposed a because the opposing party
failed to timely respond to the motion). Thus, the Motions to Compel are due to be granted.

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The Court notes that Relator did not request attorney fees in the Motions to Compel and
the Court otherwise finds that the circumstances of this case make an award of fees unjust. Fed.
R. Civ. P. 37(a)(5).
Accordingly, for the foregoing reasons and for the reasons stated at the hearing, it is hereby
ORDERED that:
1) Relator’s Second Motion to Compel Response to First Request to Produce to OHVC
(Doc. 98) is GRANTED, such that:
a. Corporate Defendant’s objections are deemed waived; and
b. On or before February 8, 2023, Corporate Defendant shall fully respond to
Relator’s First Request for Production to Orlando Heart & Vascular Center,
LLC (Doc. 98-1);
2) Relator’s Second Motion to Compel Response to First Interrogatories to Orlando Heart
and Vascular Center (Doc. 99) is GRANTED, such that:
a. Corporate Defendant’s objections are deemed waived; and
b. On or before February 8, 2023, Corporate Defendant shall fully respond to
Relator’s First Set of Interrogatories to Orlando Heart & Vascular Center, LLC
(Doc. 99-1);
3) Relator’s Motion to Compel Response to Third Interrogatories to OHVC (Doc. 100) is
GRANTED, such that:
a. Corporate Defendant’s objections are deemed waived; and
b. On or before February 8, 2023, Corporate Defendant shall fully respond to
Relator’s Third Set of Interrogatories to Orlando Heart & Vascular Center, LLC
(Doc. 100-1);

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4) Relator’s Motion to Compel Response to First Interrogatories to Vineel Sompalli (Doc.
101) is GRANTED, such that:
a. Individual Defendant’s objections are deemed waived; and
b. On or before February 8, 2023, Individual Defendant shall fully respond to
Relator’s First Set of Interrogatories to Vineel Sompalli, M.D. (Doc. 101-1);
5) The Motion to Withdraw (Doc. 102) is GRANTED in part such that:
a. Attorneys Todd Foster and Kevin Darken are hereby terminated and
withdrawn as counsel for both Corporate Defendant and Individual
Defendant in this case;
b. Attorneys Todd Foster and Kevin Darken shall immediately serve a copy of
this Order upon both Corporate Defendant and Individual Defendant, and
on or before January 25, 2023, shall file a notice with the Court confirming
that the Order was served upon both Corporate Defendant and Individual
Defendant and stating exactly how the Order was served and upon whom it
was served;
c. Both Corporate Defendant and Individual Defendant remain obligated to
comply with all pending deadlines and orders in this case, and are cautioned
that any motion not responded to within the time provided by the rules of
this Court may be deemed unopposed and ruled upon without further
warning (see Local Rule 3.01(c));
d. Corporate Defendant is cautioned that business entities cannot proceed in
this Court without counsel, and the Court will not send any papers,

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pleadings or correspondence to Corporate Defendant at the addresses
provided in the Motion (see Local Rule 2.02(b));
e. Until and unless he retains counsel, Individual Defendant will proceed as a
pro se litigant. As a pro se litigant, Individual Defendant is subject to the
same laws and rules of court as litigants who are represented by counsel,
including the Federal Rules of Civil Procedure, the Federal Rules of
Evidence, and the Local Rules of the United States District Court for the
Middle District of Florida (the “Local Rules”).1 See Moon v. Newsome, 863
F.2d 835, 837 (11th Cir. 1989);
f. In particular, if Individual Defendant needs additional time to comply with
any deadline set by the Case Management and Scheduling Order, he must
file a motion with the Court seeking an extension of time supported by good
cause and, as with all motions, must confer in person or by telephone with
opposing counsel prior to filing the motion and certify in the motion that
conferral occurred (Local Rule 3.01(g));
g. Individual Defendant is cautioned that a failure to comply with the deadlines
in this case set by the rules and orders of this Court may result in sanctions
including but not limited to the entry of a default judgment for failure to
litigate;

1

All filings with the Court must be made in accordance with the Federal Rules of Civil Procedure
and the Local Rules. The Local Rules are available for review on the public website for the Middle
District Court of Florida at www.flmd.uscourts.gov and a copy may be obtained by visiting the
Clerk’s office. The Federal Rules of Civil Procedure are generally available for review at public
libraries throughout the country and in the law libraries of state and federal courthouses.

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h. The Court specifically cautions both Individual Defendant and Corporate
Defendant that their obligations to timely respond to Relator’s discovery
requests in accordance with the Court’s ruling on the Motions to Compel
(Docs. 98, 99, 100, 101) are not stayed pending retention of new counsel;
and
i. To the extent the Motion to Withdraw contains a request for an extension,
that request is DENIED without prejudice.
ORDERED in Orlando, Florida on January 18, 2023.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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