United States of America et al v. Anderson, et al.

Filing 200

ORDER: The stay imposed by this Court's Administrative Order No. 82-Supplemental was entered at the request of the United States Attorney for the Middle District of Tennessee and "with the intent to avoid any default or prejudice to the Uni ted States or other civil litigants occasioned by the lapse in funding." Because the parties jointly request a waiver of that stay in this case, the Court finds that an exception is warranted and not inconsistent with the Order's goals. The motion is therefore GRANTED. Signed by Magistrate Judge Alistair Newbern on January 17, 2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(AN)

The stay imposed by this Court's Administrative Order No. 82-Supplemental was entered at the request of the United
States Attorney for the Middle District of Tennessee and "with the intent to avoid any default or prejudice to the United
States or other civil litigants occasioned by the lapse in funding." Because the parties jointly request a waiver of that stay
in this case, the Court finds that an exception is warranted and not inconsistent with the Order's goals. The motion is
IN THE UNITED STATES DISTRICT COURT
therefore GRANTED.
FOR THE MIDDLE DISTRICT OF TENNESSEE
NORTHEASTERN DIVISION
_______________________
Alistair E. Newbern
UNITED STATES OF AMERICA, et al.,
U.S. Magistrate Judge
ex rel. DEBRA NORRIS,
Plaintiffs,
v.
DAVID FLORENCE,
Defendant.

)
)
)
)
)
)
)
)
)
)

Civil Action No.: 2:13-cv-00035
CHIEF JUDGE CRENSHAW
MAGISTRATE JUDGE NEWBERN

JOINT MOTION TO UNSTAY THIS ACTION
The parties respectfully move the Court to unstay this action. As cause for the motion,
the parties state as follows:
1.

This Court previously ordered Defendant Florence to produce requested patient

files by January 18, 2019. Doc. No. 196.
2.

In December 2018, the parties agreed that the United States could depose two

current employees of Florence on January 18, 2019. These two depositions had already been
rescheduled once before.
3.

Around this same period, defense counsel asked the United States to schedule

eight witnesses for depositions. The parties are working together to schedule these depositions
during February 2019.
4.

The United States’ counsel on this matter has not been furloughed during the

government shutdown, because her salary comes from a funding source that has not lapsed.
5.

On January 11, 2019, this Court ordered that all civil litigation is stayed for a

period of time. Doc. No. 197.

6.

The parties wish to continue to proceed with fact discovery as originally planned

to move this case forward.
Therefore, the parties ask the Court to lift the stay in this particular case so that the parties
can proceed with fact discovery as they originally contemplated and move discovery forward.
For the United States:

DONALD Q. COCHRAN
United States Attorney
Middle District of Tennessee
BY:

s/ Ellen Bowden McIntyre
ELLEN BOWDEN MCINTYRE (BPR #023133)
Assistant United States Attorney
United States Attorney’s Office
110 Ninth Avenue South, Suite A-961
Nashville, TN 37203-3870
Phone: [phone]
Fax: [phone]
[e-mail]

For Relator Norris:

s/ Robert A. Peal
ROBERT A. PEAL
WILLIAM J. HARBISON II
Neal & Harwell
1201 Demonbreun Street, Suite 1000
Nashville, TN 37203
[e-mail]
[e-mail]

For Defendant Florence:

s/ Robert L. Huskey
ROBERT L. HUSKEY (BPR #3504)
JASON L. HUSKEY (BPR # 025472)
The Huskey Firm
514 Hillsboro Blvd.
Manchester, TN 37355
[e-mail]

2

CERTIFICATE OF SERVICE
I certify that a copy of the foregoing was served on January 17, 2019, by electronic means
via the Court’s electronic filing system, to the following:
Robert L. Huskey
Jason L. Huskey
The Huskey Firm
514 Hillsboro Blvd.
Manchester, TN 37355

Robert A. Peal
Neal & Harwell, PLC
1201 Demonbreun Street, Suite 1000
Nashville, TN 37203
Philip H. Bangle
Assistant Attorney General
Medicaid Fraud & Integrity Division
425 Fifth Avenue North
Nashville, TN 37243

s/ Ellen Bowden McIntyre
Assistant United States Attorney

3