N.D. Ga., USA-Emory, 1999

U.S. District Court
Northern District of Georgia (Atlanta)
CIVIL DOCKET FOR CASE #: 1:99-cv-02909-BBM
USA, et al v. Emory University, et al

Date Filed: Nov. 09, 1999
Nature of suit: 370 Fraud or Truth-In-Lending
Demand: $0
Assigned to: Judge Beverly B. Martin
Cause: 31:3730 False Claims Act
Date terminated: Aug. 17, 2001
Jurisdiction: U.S. Government Plaintiff
Jury demand: Plaintiff

Plaintiff
USA ex rel.

Amy L. Berne
Office of United States Attorney
75 Spring Street, S.W.
600 United States Courthouse
Atlanta, GA 30303
(404) 581-6000
Amy.Berne@usdoj.gov
Northern District of Georgia

David W. Ogden
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC 20530
(202) 514-1258
Civil Division

Michael F. Hertz
U.S. Department of Justice
Ben Franklin Station
P.O. Box 261
Washington, DC 20044
(202) 514-7179
Fax: (202) 616-3085

Richard H. Deane , Jr.
Jones Day-Atlanta
1420 Peachtree Street, NE
Suite 800
Atlanta, GA 30309-3053
(404) 521-3939
Fax: (404) 581-8330
rhdeane@jonesday.com

Plaintiff
Diane F. Owen

Edward D. Buckley
Buckley & Klein, LLP
1230 Peachtree Street, NE
Atlanta, GA 30309
(404) 781-1100
Fax: (404) 781-1101
edbuckley@buckleyklein.com

James E. Voyles
Whatley Stephenson & Voyles
1201 Peachtree Street, NE
400 Colony Square Suite 2020
Atlanta, GA 30361
(404) 815-7400
voyleslaw@mindspring.com

John D. Wales
DeVille Milhollin & Wales
600 Village Trace
Building 23-Suite 200
Marietta, GA 30067
(770) 612-1266
JohnDWales@aol.com
Paper Mill Village

Patrick W. McKee
McKee & Mitchell, LLC
19 Spring Street
Newnan, GA 30263
(770) 683-8900
pwmckee@mckeelaw.com
TERMINATED: 11/07/2000

Plaintiff
James J. Murtagh, M.D.

Edward D. Buckley
(See above for address)

James E. Voyles
(See above for address)

John D. Wales
(See above for address)

Patrick W. McKee
(See above for address)
TERMINATED: 11/07/2000

Defendant
Emory University

Alice Theresa Valder Curran
Hogan & Hartson
555 Thirteenth Street, N.W.
12th Floor
Washington, DC 20004-1109
(202) 637-5600

Charles M. Shaffer , Jr.
King & Spalding
191 Peachtree Street, N.E.
Atlanta, GA 30303-1763
(404) 572-4600

Scott B. Pfahl
King & Spalding, LLP-ATL
1180 Peachtree Street, NE
38th Floor
Atlanta, GA 30309-3521
(404) 572-4600
spfahl@kslaw.com

Stephen J. Immelt
Hogan & Hartson
111 South Calvert Street
Suite 1600
Baltimore, MD 21202
(301) 659-2700
sjimmelt@hhlaw.com

Filed # Docket Text
Nov. 09, 1999 1 COMPLAINT filed. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney FILING FEE $ 150.00 RECEIPT # 446834 (aar) (Entered: 11/16/1999)
Nov. 09, 1999 2 ANSWERS TO MANDATORY DISCLOSURES by plaintiff (***FILED UNDER SEAL***) (aar) Modified on 05/25/2000 (Entered: 11/16/1999)
Nov. 09, 1999 3 MOTION by plaintiff to file complaint under seal with brief in support. (***FILED UNDER SEAL***) (aar) Modified on 05/25/2000 (Entered: 11/16/1999)
Nov. 09, 1999 summons filed but not issued. Are on correspondence side of folder (aar) (Entered: 11/16/1999)
Nov. 09, 1999 4 ORDER by Judge J. O. Forrester GRANTING [3-1] motion to file under seal. (cc) *FILED PLACED UNDER SEAL* (llg) (Entered: 11/19/1999)
Nov. 16, 1999 SUBMITTED to Judge Thomas W. Thrash on [3-1] motion to file complaint under seal (aar) (Entered: 11/16/1999)
Nov. 19, 1999 Terminated submissions. (llg) (Entered: 11/19/1999)
Jan. 10, 2000 5 STATUS REPORT by plaintiff USA regarding calculation of time during which the government may intervene and the complaint is to remain under seal. (to TWT for direction) (***FILED UNDER SEAL***) (llg) Modified on 05/25/2000 (Entered: 01/12/2000)
Jan. 13, 2000 ENDORSED ORDER by Judge Thomas W. Thrash APPROVING [5-1] status report (***FILED UNDER SEAL***) (copy to U.S. Attorney’s Office) (llg) Modified on 05/25/2000 (Entered: 01/14/2000)
Jan. 14, 2000 Added attorneys for plaintiff USA: Amy Berne Kaminshine, David W. Ogden, Richard H. Deane Jr. and Michael F. Hertz. (llg) (Entered: 01/14/2000)
Jan. 25, 2000 6 MOTION by plaintiff USA to unseal action with memorandum in support. (***FILED UNDER SEAL***) (llg) Modified on 05/25/2000 (Entered: 01/28/2000)
Feb. 01, 2000 7 Response by relators to [6-1] motion to unseal action (***FILED UNDER SEAL***) (llg) Modified on 05/25/2000 (Entered: 02/07/2000)
Feb. 07, 2000 SUBMITTED to Judge Thomas W. Thrash on [6-1] motion to unseal action (llg) (Entered: 02/07/2000)
Feb. 08, 2000 8 STATUS REPORT by USA regarding calculation of time during which the govt may intervene and the complaint if to remain under seal. (***FILED UNDER SEAL***) (llg) Modified on 05/25/2000 (Entered: 02/09/2000)
Feb. 08, 2000 ENDORSED ORDER by Judge Thomas W. Thrash APPROVING [8-1] status report (***FILED UNDER SEAL***) (copy to AUSA) (llg) Modified on 05/25/2000 (Entered: 02/09/2000)
Feb. 22, 2000 9 ORDER by Judge Thomas W. Thrash GRANTING [6-1] motion to unseal action to allow the United States to disclose the Complaint to the named Defendant in this action and that the order, the govt’s application and file shall remain under seal until further order of the Court. (cc) (***FILED UNDERSEAL***) (llg) Modified on 05/25/2000 (Entered: 02/23/2000)
Mar. 28, 2000 10 Unopposed MOTION by plaintiff to extend time until 6/28/00 to consider election to intervene with brief in support and proposed order (to TWT) (***FILED UNDER SEAL***) (bsm) Modified on 05/25/2000 (Entered: 03/29/2000)
Apr. 03, 2000 11 ORDER by Judge Thomas W. Thrash GRANTING [10-1] motion to extend time until 6/28/00 to consider election to intervene (cc) (***FILED UNDER SEAL***) (bsm) Modified on 05/25/2000 (Entered: 04/03/2000)
May 05, 2000 12 MOTION by defendant for leave to file motion for order prohibiting certain extra-judicial statement, exhibits thereto and memo under seal (***FILED UNDER SEAL***) (bsm) Modified on 05/25/2000 (Entered: 05/09/2000)
May 05, 2000 13 MOTION by defendant for order prohibiting certain extra-judicial statements with brief in support and videotape (***FILED UNDERSEAL***) (bsm) Modified on 05/25/2000 (Entered: 05/09/2000)
May 09, 2000 SUBMITTED to Judge Thomas W. Thrash on [12-1] motion for leave to file motion for order prohibiting certain extra-judicial statement, exhibits thereto and memo under seal (bsm) (Entered: 05/09/2000)
May 18, 2000 14 Notice of election to decline intervention by USA. (***FILED UNDER SEAL***) (fmm) Modified on 05/23/2000 (Entered: 05/23/2000)
May 19, 2000 15 ORDER by Judge Thomas W. Thrash unsealing the complaint to be served upon the dft and all other contents of the file shall remain under seal; service of this order and the notice of election to decline intervention shall be unsealed and served upon the dft after service of the complaint; the seal shall be lifted as to all other matters occuring in this action after the date of this order. (cc) (***FILED UNDER SEAL***) (fmm) (Entered: 05/23/2000)
May 19, 2000 16 Notice by CRD hearing for pending discovery motions in 1:99-cv-3157 to be held 5/25/00 at 2:00 pm (cc by CRD) (fmm) (Entered: 05/23/2000)
May 25, 2000 SUBMITTED to Judge Thomas W. Thrash on [13-1] motion for order prohibiting certain extra-judicial statements (File in chambers.) (crc) (Entered: 05/25/2000)
May 25, 2000 17 Motion HEARING held before Judge Thomas W. Thrash as to discovery motions contained in 1:99-cv-3157. (fmm) (Entered: 05/26/2000)
May 30, 2000 18 MOTION by plaintiff Diane F. Owen, plaintiff James J. Murtagh M.D. for reconsideration of [15-1] order with brief in support. (crc) (Entered: 05/31/2000)
June 09, 2000 19 Plaintiff USA opposition to [18-1] motion for reconsideration of [15-1] order. (Entitled US’ Opposition to Relator’ Motion to Unseal). (crc) (Entered: 06/13/2000)
June 12, 2000 Steno notes of proceedings held 05/25/00 before Judge Thomas W. Thrash , by Court Reporter Linda Baggett. (Filed in 1:99-cv-3157) (crc) Modified on 06/12/2000 (Entered: 06/12/2000)
June 12, 2000 20 ORDER by Judge Thomas W. Thrash GRANTING [12-1] dft’s motion for leave to file motion for order prohibiting certain extra-judicial statement, exhibits thereto and memo under seal (cc) (er) (Entered: 06/14/2000)
June 12, 2000 21 CONSENT ORDER by Judge Thomas W. Thrash GRANTING [13-1] motion for order prohibiting certain extra-judicial statements. (cc) *** UNDER SEAL *** (er) Modified on 06/14/2000 (Entered: 06/14/2000)
June 13, 2000 SUBMITTED to Judge Thomas W. Thrash on [18-1] motion for reconsideration of [15-1] order. (File in chambers.) (crc) (Entered: 06/13/2000)
June 13, 2000 22 MOTION by defendant to dismiss relator’s complaint for failure to comply with seal requirements with brief in support. (crc) Modified on 06/14/2000 (Entered: 06/14/2000)
June 28, 2000 23 Brief by plaintiff Diane Owen and James Murtagh, M.D. to [18-1] motion for reconsideration of [15-1] order (crc) (Entered: 06/29/2000)
June 28, 2000 24 Brief by plaintiff Diane F. Owen, plaintiff James J. Murtagh M.D. to [22-1] motion to dismiss relator’s complaint for failure to comply with seal requirements (crc) (Entered: 06/29/2000)
June 29, 2000 SUBMITTED to Judge Thomas W. Thrash on [22-1] motion to dismiss relator’s complaint for failure to comply with seal requirements, [18-1] motion for reconsideration of [15-1] order. (File in chambers.) (crc) (Entered: 06/29/2000)
July 17, 2000 25 Reply brief to [22-1] motion to dismiss relator’s complaint for failure to comply with seal requirements by defendant. (crc) (Entered: 07/18/2000)
Aug. 07, 2000 Case reassigned to Judge Beverly B. Martin . Calendar sheets forwarded and notice mailed to counsel. (so) (Entered: 08/07/2000)
Aug. 16, 2000 Terminated submissions to Judge Thrash. (pdw) (Entered: 08/16/2000)
Aug. 16, 2000 SUBMITTED to Judge Beverly B. Martin on [22-1] motion to dismiss relator’s complaint for failure to comply with seal requirements, [18-1] motion for reconsideration of [15-1] order (pdw) (Entered: 08/16/2000)
Sept. 15, 2000 26 (Unsigned) Return of service executed 9/15/00 as to (Kent B. Alexander) Emory University (aaq) (Entered: 09/18/2000)
Sept. 15, 2000 27 MOTION by plaintiffs Diane F. Owen and James J. Murtagh M.D. to withdraw by Patrick W. McKee as attorney for Diane F. Owen and James J. Murtagh M.D. , and to substitute attorney James E. Voyles as attorney for James J. Murtagh, M.D. (aaq) (Entered: 09/19/2000)
Sept. 29, 2000 28 Memorandum by defendant Emory University in support of [22-1] motion to dismiss relator’s complaint for failure to comply with seal requirements (aaq) (Entered: 10/03/2000)
Oct. 02, 2000 29 MOTION by defendant to dismiss Relator’s complaint (aaq) (Entered: 10/03/2000)
Oct. 17, 2000 30 Certificate of interested persons. (to BBM) (aaq) (Entered: 10/18/2000)
Oct. 19, 2000 31 Consent MOTION by plaintiffs to extend time for plaintiffs’ response to [29-1] motion to dismiss Relator’s complaint with proposed order (to BBM) (aaq) (Entered: 10/20/2000)
Oct. 23, 2000 32 ORDER by Judge Beverly B. Martin GRANTING [31-1] motion to extend time to 10/30/00 for plaintiffs’ response to [29-1] motion to dismiss Relator’s complaint [29-1] motion to dismiss Relator’s complaint to be submitted on 10/31/00 (cc) (aaq) (Entered: 10/24/2000)
Oct. 25, 2000 SUBMITTED to Judge Beverly B. Martin on [27-1] motion to withdraw by Patrick W. McKee as attorney for Diane F. Owen and James J. Murtagh M.D. and [27-2] motion to substitute attorney James E. Voyles as attorney for James J. Murtagh, M.D. (file in chambers) (aaq) (Entered: 10/25/2000)
Oct. 30, 2000 Proposed Consent Order extending time for plas’ response to dft’s motion to dismiss relators’ complaint. (to BBM) (aaq) (Entered: 10/31/2000)
Nov. 03, 2000 33 CONSENT ORDER by Judge Beverly B. Martin extending time to 11/13/00 for pla to respond to [29-1] motion to dismiss Relator’s complaint [29-1] motion to dismiss Relator’s complaint to be submitted on 11/14/00 (cc) (aaq) (Entered: 11/06/2000)
Nov. 07, 2000 34 ORDER by Judge Beverly B. Martin GRANTING [27-1] motion to withdraw by Patrick W. McKee as attorney for Diane F. Owen and James J. Murtagh M.D., GRANTING [27-2] motion to substitute attorney James E. Voyles as attorney for James Murtagh, M.D. and Diane F. Owen , DENYING [22-1] motion to dismiss relator’s complaint for failure to comply with seal requirements by Emory University and DENYING [18-1] motion for reconsideration of [15-1] order by James J. Murtagh M.D. and Diane F. Owen (cc) (aaq) (Entered: 11/08/2000)
Nov. 07, 2000 Terminated submissions on [18-1], [27-1], [27-2], & [22-1]. (pdw) (Entered: 04/03/2001)
Nov. 13, 2000 35 AMENDED COMPLAINT by plaintiffs; jury demand by relators (aaq) (Entered: 11/14/2000)
Nov. 13, 2000 36 Memorandum of Law by plaintiffs in opposition to [29-1] motion to dismiss Relator’s complaint (aaq) (Entered: 11/14/2000)
Nov. 14, 2000 SUBMITTED to Judge Beverly B. Martin on [29-1] motion to dismiss Relator’s complaint (file in chambers) (aaq) (Entered: 11/14/2000)
Nov. 30, 2000 Proposed Consent Order extending time thru 1/3/01 to answer [35-1] amended complaint. to BBM (fmm) (Entered: 12/01/2000)
Dec. 01, 2000 37 CONSENT ORDER by Judge Beverly B. Martin extending time to 01/03/01 for dft to respond to [35-1] amended complaint [35-1] amended complaint to be submitted on 1/8/01 (cc) (aaq) (Entered: 12/04/2000)
Dec. 28, 2000 38 Attorney appearance for plaintiffs by Edward D. Buckley III (aaq) (Entered: 12/29/2000)
Jan. 03, 2001 39 MOTION by defendant to dismiss relators’ amended complaint with memorandum of law in support. (aaq) (Entered: 01/04/2001)
Jan. 03, 2001 Terminated submission on [35-1] amended complaint and [37-1] order: response to amended complaint filed. (pdw) (Entered: 04/03/2001)
Jan. 10, 2001 SUBMITTED to Judge Beverly B. Martin on [35-1] Amended complaint and [37-1] consent order (file in chambers) (aaq) (Entered: 01/10/2001)
Jan. 19, 2001 Proposed Consent Order to extend time for plaintiffs’ response to defendant’s motion to dismiss relators’ amended complaint. (to BBM) (aaq) (Entered: 01/23/2001)
Jan. 24, 2001 40 CONSENT ORDER by Judge Beverly B. Martin extending time to 02/12/01 for plaintiffs to file a response to the [39-1] motion to dismiss relators’ amended complaint. [39-1] motion to dismiss relators’ amended complaint to be submitted on 2/15/01 (cc) (aaq) (Entered: 01/24/2001)
Feb. 12, 2001 41 Memorandum of law by plaintiff in opposition to [39-1] motion to dismiss relators’ amended complaint (aaq) (Entered: 02/14/2001)
Feb. 14, 2001 SUBMITTED to Judge Beverly B. Martin on [39-1] motion to dismiss relators’ amended complaint (file in chambers) (aaq) (Entered: 02/14/2001)
Mar. 02, 2001 42 Reply in support of [39-1] motion to dismiss relators’ amended complaint by defendant. (aaq) (Entered: 03/05/2001)
Apr. 10, 2001 43 ORDER by Judge Beverly B. Martin DENYING AS MOOT the defendant’s [29-1] motion to dismiss Relator’s complaint and GRANTING IN PART AND DENYING IN PART defendant’s [39-1] motion to dismiss relators’ amended complaint. The relators are granted twenty days from the docketing of this order to file a second amended complaint, and if they fail to do so, their current complaint will be subject to dismissal. (cc) (aaq) (Entered: 04/10/2001)
Apr. 10, 2001 Terminated submissions. (aaq) (Entered: 04/10/2001)
Apr. 30, 2001 44 SECOND AMENDED COMPLAINT by plaintiffs; jury demand (jph) (Entered: 05/02/2001)
May 17, 2001 Proposed CONSENT ORDER to extend time for defendant Emory’s response to plaintiff’s second amended complaint. (to BBM) (aaq) (Entered: 05/17/2001)
May 21, 2001 45 CONSENT ORDER approved by deputy clerk, extending time to 06/22/01 for defendant Emory to respond to the [44-1] second amended complaint. Answer due 6/22/01 for Emory University. (cc) (aaq) (Entered: 05/21/2001)
June 19, 2001 46 Applications for the admission of Stephen J. Immelt and Alice Theresa Valder Curran pro hac vice for defendant. (to BBM) (aaq) (Entered: 06/20/2001)
June 22, 2001 Proposed Consent Order to extend time for defendant Emory to respond to plaintiff’s second complaint. (to BBM) (aaq) (Entered: 06/22/2001)
June 25, 2001 47 CONSENT ORDER by Judge Beverly B. Martin, extending time for defendant Emory to respond to the [44-1] amended complaint until 10 days after the mediation, if unsuccessful. Counsel will advise the Court of the mediation date once scheduled and will notify the Court upon completion. (cc) (aaq) (Entered: 06/25/2001)
June 25, 2001 ENDORSED ORDER by Judge Beverly B. Martin APPROVING the [46-1] pro hac vice applications of Stephen J. Immelt and Alice Theresa Valder Curran. (cc) (aaq) (Entered: 06/25/2001)
July 16, 2001 48 Attorney appearance for plaintiffs Diane F. Owen and James J. Murtagh M.D. by John D. Wales. (aaq) (Entered: 07/17/2001)
July 23, 2001 49 MOTION by defendant to dismiss Relators’ second amended complaint with brief in support. (lme) (Entered: 07/25/2001)
Aug. 06, 2001 Proposed CONSENT ORDER extending time for plaintiffs’ response to defendant’s motion to dismiss. (to BBM) (aaq) (Entered: 08/07/2001)
Aug. 17, 2001 50 Stipulation by plaintiffs Diane Owens and James J. Murtagh, dismissing their claims in this action with prejudice and stipulation by plaintiff USA dismissing its claims in this action without prejudice. Each party shall bear their own costs. (cc) (aaq) (Entered: 08/20/2001)
Aug. 17, 2001 Case terminated. (aaq) (Entered: 08/20/2001)
Feb. 22, 2002 Sealed document order to the judge (ldn) (Entered: 02/22/2002)
Mar. 12, 2002 51 ORDER by Judge Beverly B. Martin DIRECTING the Clerk to return the sealed materal in this matter to the submitting party. SEALED MATERIAL IS VOLUMINOUS. (cc) (aaq) (Entered: 03/13/2002)
Apr. 12, 2002 Sealed material signed for by Office of United States Attorney. (aaq) (Entered: 04/12/2002)
Apr. 12, 2002 Sealed material signed for by defendant Emory’s attorneys King & Spalding on 03/25/02. (aaq) (Entered: 04/12/2002)
Apr. 12, 2002 Sealed material signed for by plaintiffs Murtagh and Owen’s attorneys Office of Patrick W. McKee on 03/20/02. (aaq) (Entered: 04/12/2002)