Michaels et al v. Agape Senior Community Inc et al

Filing 255

ORDER denying 166 MOTION to Permit the Use of Statistical Sampling. Signed by Honorable Joseph F. Anderson, Jr. on 03/16/2015.(bshr, )

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA ROCK HILL DIVISION United States of America ex rel. BRIANNA MICHAELS and AMY WHITESIDES, C/A No. 0:12-cv-03466-JFA Relators, vs. AGAPE SENIOR COMMUNITY, INC.; AGAPE SENIOR PRIMARY CARE, INC.; AGAPE SENIOR SERVICES, INC.; AGAPE SENIOR, LLC; AGAPE MANAGEMENT SERVICES, INC.; AGAPE COMMUNITY HOSPICE, INC.; AGAPE NURSING AND REHABILITATION CENTER, INC. d/b/a AGAPE REHABILITATION OF ROCK HILL a/k/a AGAPE SENIOR POST ACUTE CARE CENTER – ROCK HILL a/k/a EBENEZER SENIOR SERVICES, LLC; AGAPE SENIOR FOUNDATION, INC.; AGAPE COMMUNITY HOSPICE OF ANDERSON, INC.; AGAPE HOSPICE OF THE PIEDMONT, INC.; AGAPE COMMUNITY HOSPICE OF THE GRAND STRAND, INC.; AGAPE COMMUNITY HOSPICE OF THE PEE DEE, INC.; AGAPE COMMUNITY HOSPICE OF THE UPSTATE, INC.; AGAPE HOSPICE HOUSE OF HORRY COUNTY, INC.; AGAPE HOSPICE HOUSE OF LAURENS, LLC; AGAPE HOSPICE HOUSE OF THE LOW COUNTRY, INC.; AGAPE HOSPICE HOUSE OF THE PIEDMONT, INC.; AGAPE REHABILITATION OF CONWAY, INC.; AGAPE SENIOR SERVICES FOUNDATION, INC.; AGAPE THERAPY, INC.; AGAPE HOSPICE; HOSPICE PIEDMONT; HOSPICE ROCK HILL; and CAROLINAS COMMUNITY HOSPICE, INC., Defendants. ORDER Plaintiff has moved this Court to permit the use of statistical sampling in this qui tam action, ECF No. 166. The Court has carefully reviewed the briefs on the topic and researched the topic thoroughly. The Court heard extensive oral argument regarding statistical sampling on October 10, 2014. At the hearing, the Court took under advisement the instant motion. After additional consideration and research on statistical sampling, the Court believes that based on the facts of this case, statistical sampling would be improper. Accordingly, the Court hereby DENIES Plaintiffs’ Motion to Permit the Use of Statistical Sampling, ECF No. 166. IT IS SO ORDERED. March 16, 2015 Columbia, South Carolina Joseph F. Anderson, Jr. United States District Judge 2

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