Sullivan et al v. Murphy Medical Center, Inc. et al

Filing 46

Order to Unseal Case: This case, as well as the 2 Complaint and the 44 , 45 Notices filed by the United States, North Carolina, and Tennessee (collectively, the "Governments") be UNSEALED. All other current cont ents of the Court file in this action REMAIN UNDER SEAL and are not to be made public or served upon Defendants. All filings made in this action after the date of this Order will be publicly available, unless otherwise ordered by the Court. With resp ect to the portion of this action in which the United States has intervened, the United States shall FILE its Complaint and SERVE it upon Defendants, together with this Order, on or before July 29, 2024. With respect to the portion of this action in which the United States has declined to intervene, Relators shall FILE, on or before May 31, 2024 a notice stating whether they intend to proceed with the remaining claims and, if so, describing the procedure by which they propose to do so. See Order for further instructions. Signed by US Magistrate Judge W. Carleton Metcalf on 5/8/2024. (kby)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:21-cv-00219-MR-WCM
UNITED STATES OF AMERICA and
THE STATES OF NORTH CAROLINA
and TENNESSEE ex rel. ALANA
SULLIVAN and J. BRITTON TABOR,
Plaintiffs,
v.
MURPHY MEDICAL CENTER, INC.
and CHATTANOOGA-HAMILTON
COUNTY HOSPITAL AUTHORITY,
Defendants.
____________________________________

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ORDER

This matter is before the Court on the United States’ Notice of Election
to Intervene in Part and to Decline to Intervene in Part (Doc. 44)1 and a Notice
of Declination of the States of North Carolina and Tennessee (Doc. 45).

The United States is intervening in the portion of this action “which alleges that
defendants Murphy Medical Center, Inc. d/b/a Erlanger Western Carolina Hospital
and Chattanooga-Hamilton County Hospital Authority d/b/a Erlanger Health System
d/b/a Erlanger Medical Center (collectively, “Erlanger”) violated the FCA by
submitting or causing the submission of claims to Medicare that were referred by
physicians with whom Erlanger had employment relationships that violated the
Stark Law” but declines to intervene in the Relators’ remaining allegations. Doc. 44
at 1-2.
1

IT IS HEREBY ORDERED THAT:
1. This case, as well as the Complaint (Doc. 2) and the Notices filed by the
United States, North Carolina, and Tennessee (collectively, the
“Governments”) (Docs. 44, 45) be UNSEALED.
2. All other current contents of the Court file in this action REMAIN
UNDER SEAL and are not to be made public or served upon Defendants.
All filings made in this action after the date of this Order will be publicly
available, unless otherwise ordered by the Court.
3. With respect to the portion of this action in which the United States has
intervened, the United States shall FILE its Complaint and SERVE it
upon Defendants, together with this Order, on or before July 29, 2024.
4. With respect to the portion of this action in which the United States has
declined to intervene, Relators shall FILE, on or before May 31, 2024 a
notice stating whether they intend to proceed with the remaining claims
and, if so, describing the procedure by which they propose to do so
(including, for example whether the claims for which the United States
has intervened and Relators’ remaining claims should be litigated in the
same action).
5. The Governments shall be served with copies of all pleadings and
motions filed in this matter, including supporting memoranda. Likewise,
all orders of this Court shall be sent to the Governments, the

Governments may order any deposition transcripts, and all notices of
appeal shall be served upon the Governments.
6. Should any party request that this action or any part thereof be
dismissed, that party shall comply with all applicable statutory
provisions to ensure the appropriate consents of the Governments are
provided to the Court, as may be necessary.

Signed: May 8, 2024