United States ex rel. Martin v. Life Care Ctrs. of Am., Inc.
Decision Date | 29 September 2014 |
Docket Number | Case No. 1:12–cv–64,Case No. 1:08–cv–251 |
Citation | 114 F.Supp.3d 549 |
Parties | United States of America ex rel. Glenda Martin and State of Tennessee ex rel. Glenda Martin, Plaintiffs/Relator, v. Life Care Centers of America, Inc., Defendant. United States of America ex rel. Tammie Johnson Taylor, Plaintiff/Relator, v. Life Care Centers of America, Inc., Defendant. |
Court | U.S. District Court — Eastern District of Tennessee |
Melissa Handrigan, Sarah M. Arni, Shaun Pettigrew, Zach Williams, United States Department of Justice, Theodore L. Radway, United States Attorney's Office, Amy L. Easton, Andy J. Mao, Jonathan H. Gold, Washington, DC, Edwin G. Winstead, U.S. Department of Justice, Denver, CO, Elizabeth S. Tonkin aka Former AUSA, Jeremy Stephen Dykes, Jessica Sievert, Robert C. McConkey, III, US Department of Justice, Knoxville, TN, Giselle J. Joffre, United States Attorney's Office, Boston, MA, Jennifer Aldrich, U.S. Department of Justice, Columbia, SC, Jessica Elliott, Susan Torres, United States Attorney's Office, Mark Lavine, US Department of Justice, Miami, FL, Michael R. Kenneth, United States Attorney's Office, Tampa, FL, for Plaintiffs/Relator.
Daniel K. Winters, Reed Smith LLP, New York, NY, Eileen H. Rumfelt, Miller & Martin PLLC, Atlanta, GA, Don Howarth, Jennifer M. Rosen, Padraic J. Glaspy, Suzelle M. Smith, Howarth & Smith, Los Angeles, CA, Andrew C. Bernasconi, Eric L. Alexander, Kelly H. Hibbert, Lawrence S. Sher, Nancy E. Bonifant, Scot T. Hasselman, Thomas C. Fox, Reed Smith LLP, Washington, DC, Travis R. McDonough, Richard C. Rose, Roger W. Dickson, Kyle W. Eiselstein, Leah M. Gerbitz, Miller & Martin, PLLC, Chattanooga, TN, for Defendant.
Before the Court is Defendant's Motion for Partial Summary Judgment (Doc. 140). For the reasons stated hereafter, Defendant's Motion will be DENIED .
As a preliminary matter, the Court notes that Defendant is only seeking summary judgment as to the Government's use of statistical sampling for Counts I and II of its Consolidated Complaint in Intervention. See Doc. 152 at 7. Thus, the Court will not address the merits of the Government's identified false claims under the False Claims Act ("FCA") or its claims for unjust enrichment, payment by mistake, and conversion. Additionally, as Defendant is seeking a legal determination solely regarding the use of statistical sampling in cases brought under the FCA, the parties do not dispute the material facts relevant to this determination. The Court will provide a brief background of the allegations stated in the Complaint, and then address the merits of Defendant's arguments.
The Court summarized the procedural posture of this action as well as the allegations set forth in the Government's Complaint in its March 26, 2014 Order on Defendant's Motion to Dismiss:
Medicare, Medicaid, and TRICARE
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