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Case TitleWellness Solutions Geriatrics, PLLC v. Centers for Medicare & Medicaid Services et al
DistrictMiddle District of Tennessee
CityNashville
Case Number3:2020cv00134
Date Filed2020-02-14
Date Closed2020-07-07
JudgeDistrict Judge Eli J. Richardson
PlaintiffWellness Solutions Geriatrics, PLLC
Case DescriptionWellness Solutions Geriatrics, a company supplying medical, psychiatric, and other services to patients at nursing home facilities, received a notice that it had been suspended from the Medicare program because of alleged fraud. WSG submitted a request to SGS Southeastern Unified Program, which served as a regional administrative contractor for the Centers for Medicare and Medicaid Services. WSG also submitted a request for further information on the fraud allegations to another contractor, Palmetto GBA, which told WSG that it had referred both requests to CMS. After hearing nothing further from the contractors or the agency, WSG filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantCenters for Medicare & Medicaid Services
DefendantPalmetto GBA
DefendantSGS Southeastern Unified Program Integrity Contractor
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-02-141COMPLAINT against Centers for Medicare & Medicaid Services, Palmetto GBA and SGS Southeastern Unified Program Integrity Contractor (Filing fee $400, Receipt number 0650-3088025), filed by Wellness Solutions Geriatrics, PLLC. (Attachments: # 1 Exhibit A - Letters dated 5/17/2019 and 3/19/2019, # 2 Exhibit B - Letter dated 10/15/2019, # 3 Exhibit C - Letter dated 11/12/2019, # 4 Exhibit D - Email dated 11/13/2019 - 11/14/2019, # 5 Attachment - Civil Cover Sheet) (Summons not provided with the complaint.) (dt) Modified on 2/18/2020 (dt). (Entered: 02/14/2020)
2020-02-182ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. § 636(b)(1)(A). This case shall be set for trial upon completion of the initial case management conference by order of the District Court in accordance with the procedures of Local Rule 16.01. Signed by District Judge Eli J. Richardson on 2/18/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (dt) (Entered: 02/18/2020)
2020-02-183NOTICE of Business Entity Disclosure Statement filing requirement.(dt) Modified on 2/18/2020 (dt). (Entered: 02/18/2020)
2020-02-184NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (dt) (Entered: 02/18/2020)
2020-02-18TN State Bar status verified as active for Charles Timothy Gary and Marie Kimberly Stagg. KY State Bar status verified as active for Andrew L. Sparks. (dt) (Entered: 02/18/2020)
2020-02-18NOTICE TO COUNSEL Andrew L. Sparks: WITHIN 21 DAYS, counsel shall be admitted to practice. The application for admission is available on the website at http://www.tnmd.uscourts.gov/forms/admission-practice-application (LR 83.01(a)). Admission due by 3/10/2020. (dt) (Entered: 02/18/2020)
2020-02-195BUSINESS ENTITY DISCLOSURE STATEMENT filed by Wellness Solutions Geriatrics, PLLC. (Gary, Charles) (Entered: 02/19/2020)
2020-02-196NOTICE of Initial Case Management Conference set for 4/6/2020 at 3:30 PM in Courtroom 764 before Magistrate Judge Barbara D. Holmes. (dt) (Entered: 02/19/2020)
2020-02-207Summons issued as to Centers for Medicare & Medicaid Services, Palmetto GBA, and SGS Southeastern Unified Program Integrity Contractor. (vh) (Entered: 02/20/2020)
2020-02-258MOTION for attorney Andrew L. Sparks to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3094274) by Wellness Solutions Geriatrics, PLLC. (Gary, Charles) (Entered: 02/25/2020)
2020-02-28NOTICE TO FILER re DE# 8 : The PHV motion must be accompanied by a Certificate of Good Standing from a United States District Court or a United States appellate court. The certificate shall be filed within 10 days. (Davies, Kirk) (Entered: 02/28/2020)
2020-02-289GREEN CARD RETURNED Executed as to 7 Summons Issued SGS SE Unified Program Integrity Coord. Acknowledgement filed by Wellness Solutions Geriatrics, PLLC. (Gary, Charles) (Entered: 02/28/2020)
2020-02-2810GREEN CARD RETURNED Executed as to 7 Summons Issued Palmetto GBA Acknowledgement filed by Wellness Solutions Geriatrics, PLLC. (Gary, Charles) (Entered: 02/28/2020)
2020-03-04NOTICE TO FILER re DE# 5 and 8 : These documents have been scanned. Documents generated from a word processor (Word or WordPerfect) should NOT be scanned, but rather printed directly to PDF via a PDF writer. Document must be text searchable. You do not have to refile this document, however, future scanned pleadings of this nature may require refiling. (dt) Modified on 3/4/2020 (dt). (Entered: 03/04/2020)
2020-03-0411CERTIFICATE OF GOOD STANDING of Attorney Andrew L. Sparks from the United States District Court for the Eastern of Kentucky filed by Wellness Solutions Geriatrics, PLLC. (Gary, Charles) (Entered: 03/04/2020)
2020-03-0512ORDER granting 8 Motion for Andrew L. Sparks to Appear Pro Hac Vice. Signed by Kirk L. Davies on 3/5/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (Davies, Kirk) (Entered: 03/05/2020)
2020-03-0913GREEN CARD RETURNED Executed as to 7 Summons Issued Centers for Medicare & Medicaid Services Acknowledgement filed by Wellness Solutions Geriatrics, PLLC. (Gary, Charles) (Entered: 03/09/2020)
2020-03-1814ORDER: Given the current responses to the outbreak of the coronavirus known as COVID-19, including the Court's Administrative Order No. 209 issued on March 16, 2019, the initial case management conference in this case, scheduled for April 6, 2020, at 3:30 p.m., will be held telephonically. Signed by Magistrate Judge Barbara D. Holmes on 3/18/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (dt) (Entered: 03/19/2020)
2020-03-2715NOTICE of Appearance by Kara F. Sweet on behalf of Centers for Medicare & Medicaid Services (Sweet, Kara) (Entered: 03/27/2020)
2020-04-0316MOTION to Continue Initial Case Management Conference by Wellness Solutions Geriatrics, PLLC. (Sparks, Andrew) (Entered: 04/03/2020)
2020-04-0417ORDER granting 16 Plaintiff's motion to continue initial case management conference. An order resetting the initial case management conference will be entered separately. SO ORDERED. Signed by Magistrate Judge Barbara D. Holmes on 04/04/2020. (BH) (Entered: 04/04/2020)
2020-04-06NOTICE TO FILER re DE# 16 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (dt) (Entered: 04/06/2020)
2020-04-0618ORDER: The initial case management conference is RESCHEDULED to June 23, 2020, at 2:30 p.m. Plaintiff's attorney must serve a copy of this Order on the non-appearing Defendants or otherwise ensure they are notified of the rescheduled date and time. Signed by Magistrate Judge Barbara D. Holmes on 4/6/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (mg) (Entered: 04/06/2020)
2020-04-0719CERTIFICATE Amended Certificate of Service filed by Wellness Solutions Geriatrics, PLLC re 16 MOTION to Continue Initial Case Management Conference filed by Wellness Solutions Geriatrics, PLLC. (Sparks, Andrew) (Entered: 04/07/2020)
2020-05-1120Joint MOTION for Extension of Time to File a Response to Complaint by Centers for Medicare & Medicaid Services. (Sweet, Kara) (Entered: 05/11/2020)
2020-05-1121ORDER granting 20 Motion for Extension of Time to Respond to the Complaint. Response ddl extended to June 15, 2020. Signed by Magistrate Judge Barbara D. Holmes on 5/11/2020. (vh) (Entered: 05/11/2020)
2020-06-0322ORDER: Given the current responses to the outbreak of the coronavirus known as COVID-19, including the Court's Administrative Order No. 209 issued on March 16, 2019, amended on March 23, 2020, and on April 29, 2020, and amended again on May 22, 2020, the initial case management conference in this case, scheduled for 2:30 p.m. on June 23, 2020, will be held telephonically. Counsel should use the following dial-in information1 to participate in the telephonic initial case management conference: Dial-in number: 877-402-9753; Access Code: 3808663#. Signed by Magistrate Judge Barbara D. Holmes on 6/3/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (dt) (Entered: 06/03/2020)
2020-06-1523Joint MOTION for Extension of Time to File Response to Complaint by Centers for Medicare & Medicaid Services. (Sweet, Kara) Modified on 6/15/2020 (dt). (Entered: 06/15/2020)
2020-06-1524ORDER granting 23 Motion for Extension of Time to Answer the 1 Complaint. However, the Initial Case Management Conference scheduled on June 23 will proceed absent further order. The parties are expected to file their joint proposed initial case management order as previously directed. So ORDERED. Signed by Magistrate Judge Barbara D. Holmes on 6/15/2020. (dt) (Entered: 06/15/2020)
2020-06-1825Joint MOTION TO ADJOURN INITIAL CASE MANAGEMENT CONFERENCE re 24 Order on Motion for Extension of Time to Answer, by Centers for Medicare & Medicaid Services. (Sweet, Kara) (Entered: 06/18/2020)
2020-06-1826ORDER granting 25 Motion to Adjourn Initial Case Management Conference. ICMC reset for 7/7/20 at 10:00 a.m. Signed by Magistrate Judge Barbara D. Holmes on 6/18/2020. (dt) (Entered: 06/18/2020)
2020-06-2227Joint MOTION for Extension of Time to File Answer by Centers for Medicare & Medicaid Services. (Sweet, Kara) (Entered: 06/22/2020)
2020-06-2228ORDER granting 27 Motion for Extension of Time to Answer the 1 Complaint. The ICMC remains scheduled for July 7, 2020, absent further order, and the parties are expected to file their joint proposed ICM order as previously directed. Signed by Magistrate Judge Barbara D. Holmes on 6/23/2020. (dt) (Entered: 06/23/2020)
2020-07-0629STIPULATION of Dismissal (JOINT) by Centers for Medicare & Medicaid Services. (Sweet, Kara) (Entered: 07/06/2020)
2020-07-0730ORDER: The Court acknowledges that this action has been DISMISSED with prejudice, and the Clerk is directed to close the file. This Order shall constitute final judgment for purposes of Fed. R. Civ. P. 58. Signed by District Judge Eli J. Richardson on 7/7/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (dt) (Entered: 07/07/2020)
2020-07-0731ENTRY OF JUDGMENT re: 30 Order. (dt) (Entered: 07/07/2020)
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by FOIA Project Staff
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