Welch et al v. My Left Foot Children's Therapy, LLC et al

Filing 79

ORDER Granting 78 Motion for Leave to File Statement of Interest. Signed by Magistrate Judge George Foley, Jr on 8/22/16. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:14-cv-01786-MMD-GWF Document 78 Filed 08/19/16 Page 1 of 3

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Benjamin C. Mizer
Principal Deputy Assistant Attorney General

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Daniel G. Bogden
United States Attorney
Jonathan H. Gold
Trial Attorney
United States Department of Justice, Civil Division
P.O. Box 261, Ben Franklin Station
Washington, D.C. 20044
Telephone: [phone]
Email: [e-mail]
Troy K. Flake
Assistant United States Attorney
501 Las Vegas Boulevard South, Suite 1100
Las Vegas, Nevada 89101
Telephone: [phone]
Email: [e-mail]

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Attorneys for the United States
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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UNITED STATES OF AMERICA AND THE
STATE OF NEVADA ex rel. MARY KAY
WELCH,

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Plaintiffs,
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v.
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MY LEFT FOOT CHILDREN’S THERAPY
LCC, ANN MARIE GOTTLIEB, JONATHAN
GOTTLIEB,

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Defendants.
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Case No: 2:14-cv-01786-MMD-GWF
UNOPPOSED MOTION FOR LEAVE
TO FILE STATEMENT OF
INTEREST

The United States respectfully moves for leave to file a five-page statement of interest to

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address several arguments the Defendants make in their Motion to Dismiss (doc. no. 68) and

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reply brief. The False Claims Act is the “government’s primary litigative tool for the recovery of

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losses sustained as the result of fraud against the government.” Avco Corp. v. U.S. Dep’t of

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Justice, 884 F.2d 621, 622 (D.C. Cir. 1989). The government, therefore, has a significant

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interest in how decisions by the courts, even in declined actions, may shape future enforcement

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of the statute. Moreover, although the United States has declined to intervene in this case, it

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Case 2:14-cv-01786-MMD-GWF Document 78 Filed 08/19/16 Page 2 of 3

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remains the real party in interest. United States ex rel. Eisenstein v. City of New York, 556 U.S.

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928, 934 (2009).

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The Defendants’ motion raises matters that broadly relate to cases alleging that health

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care providers submitted claims for services that were not reasonable and necessary. The reply

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brief (doc. no. 71), in particular, discusses several cases that were not previously cited or

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discussed in the Defendants’ opening brief, and therefore neither the Relator nor the Government

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had an opportunity to address them previously.

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Accordingly, the United States requests leave to file a five-page statement of interest, due

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ten days from the date the Court grants leave to file the statement. The United States has met

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and conferred with the Defendants, who do not oppose this motion, but request that the Court

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also allow them to file a five-page brief in reply to the Government’s statement, to be due within

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ten days of the Government’s statement. The United States does not oppose this request.

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The United States has also conferred with counsel for the Relator, who does not oppose
the relief requested.
Accordingly, for the foregoing reasons, the United States respectfully seeks leave to file a
statement of interest in this action.
Respectfully submitted this 19th day of August 2016.

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BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General

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DANIEL G. BOGDEN
United States Attorney

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/s/ Jonathan H. Gold
Jonathan H. Gold
Trial Attorney

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/s/ Troy K. Flake
TROY K. FLAKE
Assistant United States Attorney

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IT IS SO ORDERED:

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UNITED STATES DISTRICT JUDGE
UNITED STATES MAGISTRATE JUDGE
UNITED STATES MAGISTRATE JUDGE

DATED: 8/22/2016

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