UNITED STATES, et al v. BRADFORD REGIONAL, et al

Filing 234

ORDER SETTING FAIRNESS HEARING indicating that the Relators' request for limited discovery is denied and a Fairness Hearing as to the fairness, adequacy, and reasonableness of the settlement entered into by the United States and remaining Defendants as required by 31 U.S.C. § 3730(b)(2)(B) is hereby set for 11/19/2014 at 9:30 AM in Courtroom 8A before Judge Maurice B. Cohill. Signed by Judge Maurice B. Cohill on 10/30/2014. (rtw)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

UNITED STATES, ex rei.,
DILBAGH SINGH M.D., et al.
Plaintiffs,

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v.

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BRADFORD REGIONAL MEDICAL
CENTER, et al.,
Defendants.

Civil No. 04-186 Erie

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ORDER SETTING FAIRNESS HEARING
The United States and remaining Defendants have entered into a settlement agreement in
this action. Relators have filed a Notice ofIntent to Contest Fairness, Adequacy, and
Reasonableness of Settlement, and have also filed formal Objections to Settlement and Request
for Hearing. We granted the request for a fairness hearing as to the fairness, adequacy, and
reasonableness of the settlement as required by 31 U.S.C. § 3730(b)(2)(B).
The United States has filed its Response to the Relators objections to the settlement, and
the Defendants have filed a Reply, which incorporates its earlier-filed Response to the Relators
objection to the settlement. Before we can set a date for the fairness hearing we must first
address the Relators' request that prior to the hearing we permit them the opportunity to conduct
limited discovery, primarily updated information as to the Defendant doctors' financial
information.
We held a status conference on August 28, 2014, and we have reviewed the relevant
pleadings as well as the settlement agreement. We agree with the government and the
Defendants that not only is there no right to an evidentiary hearing or a period of discovery, but

also that the infonnation provided thus far is sufficient to give grounds for Relators to object to
the settlement agreement at a fairness hearing.
It is clear that counsel for Relators have been provided with substantial infonnation
regarding Defendant's financial condition. It is our understanding that Relators appear to have a
continuing objection that the settlement amount is too low in comparison to the financial
condition of Defendants. We are confident that Relators' argument can be made without
restarting the laborious process of obtaining updated financial infonnation that did not fonn the
basis for the settlement agreement entered into. We decline to base the reasonableness of the
government's decision to settle this action on infonnation that is continually changing and
requires significant analysis in detennining ability to pay. Moreover, the ability to pay of the
Defendants is only one aspect to consider as to the fairness of the settlement agreement, as
indicated in all parties' recently filed briefs. Having reviewed these briefs and accompanying
exhibits, we are now prepared to set a fairness hearing.
Accordingly, the following Order is hereby entered.

AND NOW, to-wit, this

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.3 0 ~ay of October 2014, it is hereby ORDERED,

ADJUDGED, and DECREED that Relators' request for limited discovery is hereby DENIED.
A fairness hearing is hereby set for Wednesday, November 19, 2014, at 9:30 AM in
Courtroom 8A, United States Courthouse, 700 Grant Street, Pittsburgh, Pennsylvania.

ff!:q".,,,.. :Cohill, Jr., ~
. . (l. e..
aurice B.

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Senior United States District Court Judge

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