United States of America ex rel. et al v. D.S. Medical LLC et al

Filing 559

MEMORANDUM AND ORDER re: 520 MOTION to Alter Judgment Defendants' Rule 60(b) Motion filed by Defendant Deborah Seeger, Defendant D.S. Medical LLC, Defendant Sonjay Fonn, Defendant Midwest Neurosurgeons, LLC. IT IS HEREBY ORDERED that Defendants' Rule 60(b) Motion is DENIED. ECF No. 520. Signed by District Judge Audrey G. Fleissig on 7/1/20. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISOURI
SOUTHEASTERN DIVISION

UNITED STATES OF AMERICA,
ex rel. PAUL CAIRNS, et al.,
Plaintiff,
vs.
D.S. MEDICAL, L.L.C., et al.,
Defendants.

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Case No. 1:12CV00004 AGF

MEMORANDUM AND ORDER
This qui tam action under the False Claims Act (“FCA”) is before the Court on
Defendants’ motion pursuant to Federal Rule of Civil Procedure 60(b) for relief from
judgment. The exhaustive memoranda and orders issued by the Court in this case set
forth the claims, defenses, and legal and factual issues involved in the case. Briefly,
Plaintiff claimed that Defendants violated the FCA by submitting or causing to be
submitted to the Medicare and Medicaid programs false claims for reimbursement; the
claims for reimbursement were allegedly false because they were the result of
kickbacks that violated the federal criminal Anti-Kickback Statute (“AKS”).
Defendants’ current motion reasserts a causation argument they asserted at
earlier stages of the court proceedings, and the Court rejects the argument for the same
reasons stated in its prior orders. Defendants’ supplemental authority on this issue,
Bostock v. Clayton Cty., Georgia, No. 17-1618, 2020 WL 3146686 (U.S. June 15,
2020), a case interpreting Title VII of the Civil Rights Act of 1964, does not persuade

the Court otherwise.
Accordingly,
IT IS HEREBY ORDERED that Defendants’ Rule 60(b) Motion is DENIED.
ECF No. 520.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 1st day of July, 2020.

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