This case was last updated from U.S. District Courts on 07/23/2022 at 09:17:43 (UTC).

Stevens v. AtriCure, Inc. et al

Case Summary

On 05/24/2022 Stevens filed an Other - False Claims Act lawsuit against AtriCure, Inc. This case was filed in U.S. District Courts, Ohio Southern District Court. The Judges overseeing this case are Susan J. Dlott and Michael R. Barrett. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:22-CV-00284

  • Filing Date:

    05/24/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - False Claims Act

Judge Details

Presiding Judges

Susan J. Dlott

Michael R. Barrett

 

Party Details

Plaintiffs

Joel Stevens

John Doe

Defendants

AtriCure, Inc.

St. Helena Hospital

Adventist Health

Interested Party

United States of America

Attorney/Law Firm Details

Plaintiff Attorneys

Sally Blinken

Attorney at The Brooks Law Firm

173 Huguenot Street, Suite 200

New Rochelle, NY 10801

Kelly Mulloy Myers

Attorney at Freking Myers & Reul LLC

600 Vine Street, Ninth Floor

Cincinnati, OH 45202

Charles H. Rabon, Jr.

Attorney at Rabon Law Firm, PLLC

413 S. Sharon Amity Rd, Suite C

Charlotte, NC 28211

James Avery Roberts, III

Attorney at Lewis & Roberts, P.L.L.C.

P. O. Box 17529

Raleigh, NC 27619

Matthew D. Quinn

Attorney at Lewis & Roberts, PLLC

3700 Glenwood Ave., Suite 410

Raleigh, NC 27612

Ross Brooks

Attorney at The Brooks Law Firm LLC

173 Huguenot Street, Suite200

New York, NY 10801

Defendant Attorneys

Brandon Jacob Moss

Attorney at Wiley Rein, LLP

1776 K Street Nw

Washington, DC 20006

Brian S. Cromwell

Attorney at Parker Poe Adams & Bernstein LLP

620 South Tryon Street, Suite 800

Charlotte, NC 28202

Ralph William Kohnen

Attorney at Taft, Stettinius and Hollister

425 Walnut Street, Suite 1800

Cincinnati, OH 45202

Russell S Sayre

Attorney at Taft Stettinius & Hollister - 1

425 Walnut Street, Suite 1800

Cincinnati, OH 45202-3957

Enbar Toledano

Attorney at Wiley Rein LLP

2050 M Street, Nw

20036, DC 20036

Eric Altman Frick

Attorney at Parker Poe Adams & Berstein, LLP

620 South Tryon Street, Suite 800

Charlotte, NC 28202

Ralph J. Caccia

Attorney at Wiley Rein

1776 K Street, Nw

Washington, DC 20006

Michael J Bronson

Attorney at Dinsmore & Shohl LLP

255 East Fifth Street, Suite 1900

Cincinnati, OH 45202

Amy Elizabeth Hargreaves

Attorney at Latham & Watkins

12670 High Bluff Drive

San Diego, CA 92130

Catherine Anne Rizzoni

Attorney at Latham & Watkins LLP

505 Montgomery Street, Suite 2000

San Francisco, CA 94111

Daniel DeCederfelt Adams

Attorney at Brooks Pierce McLendon Humphrey & Leonard LLP

230 N. Elm Street, Greensboro

Greensboro, NC 27401

Interested Party Attorneys

Katherine Tenfelde Armstrong

Attorney at United States Attorney's Office WDNC - Charlotte

227 W. Trade Street, Suite 1650

Charlotte, NC 28202

Jonathan H. Ferry - Former AUSA

James B. Gatehouse

Attorney at U.S. Attorneys Office

227 W. Trade Street, Suite 1650

Charlotte, NC 28202

5 More Attorneys Available

 

Court Documents

#88

(#88) AMENDED COMPLAINT Fourth against All Defendants, filed by Joel Stevens. (Myers, Kelly) (Entered: 07/12/2022)

87 #2

Text of Proposed Order

87 #1

Proposed Fourth Amended Complaint

#87

(#87) Unopposed MOTION for Leave to File by Plaintiff Joel Stevens. (Attachments: #1 Proposed Fourth Amended Complaint, #2 Text of Proposed Order) (Myers, Kelly). Added MOTION for Extension of Time to File Response/Reply on 7/1/2022 (kl). (Entered: 06/30/2022)

86 #1

Text of Proposed Order

#86

(#86) Consent MOTION for Extension of Time to File New date requested 7/1/2022. AtriCure's Consent Motion to Extend Deadline for Filing Responsive Pleadings by Defendant AtriCure, Inc.. (Attachments: #1 Text of Proposed Order) (Sayre, Russell) (Entered: 06/17/2022)

#85

(#85) MOTION to Substitute Attorney by Defendants Adventist Health, St. Helena Hospital. (Bronson, Michael) (Entered: 06/07/2022)

#82

NOTATION ORDER granting #80 Motion for Leave to Appear Pro Hac Vice of Brandon J. Moss as Co-Counsel; granting #81 Motion for Leave to Appear Pro Hac Vice of Ralph J. Caccia as Co-Counsel; granting #82 Motion for Leave to Appear Pro Hac Vice of Enbar Toledano as Co-Counsel ; granting #84 Motion for Leave to Appear Pro Hac Vice of Ross B. Brooks as Co-Counsel. Co-Counsels are directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Stephanie K. Bowman on 6/2/2022. (eh) (Entered: 06/02/2022)

80 #1

Certificate of Good Standing

#30

(#30) ORDER granting #29 Motion to Unseal Case. The Complaint (Doc. No. 1) the Amended Complaint (Doc. No. 24), the Second Amended Complaint (Doc. No. 28), the Governments Notice of Election to Decline Intervention and Motion to Unseal Complaint (Doc. No. 29), and this Order be unsealed;2. All other current papers on file with the Court in this action remain under seal and will not be made public or served upon the Defendants. In accordance with the terms of the Maryland False Health Claims Act, Md. Code Ann., Health Gen, 2-604 (a)(7), the State of Maryland having declined to intervene in this matter, all claims asserted on behalf of Maryland are hereby dismissed without prejudice. Signed by District Judge Frank D. Whitney on 3/17/21. (clc) [Transferred from North Carolina Western on 5/24/2022.] (Entered: 03/17/2021)

29 #1

Proposed Order

#29

(#30) ORDER granting #29 Motion to Unseal Case. The Complaint (Doc. No. 1) the Amended Complaint (Doc. No. 24), the Second Amended Complaint (Doc. No. 28), the Governments Notice of Election to Decline Intervention and Motion to Unseal Complaint (Doc. No. 29), and this Order be unsealed;2. All other current papers on file with the Court in this action remain under seal and will not be made public or served upon the Defendants. In accordance with the terms of the Maryland False Health Claims Act, Md. Code Ann., Health Gen, 2-604 (a)(7), the State of Maryland having declined to intervene in this matter, all claims asserted on behalf of Maryland are hereby dismissed without prejudice. Signed by District Judge Frank D. Whitney on 3/17/21. (clc) [Transferred from North Carolina Western on 5/24/2022.] (Entered: 03/17/2021)

#28

(#28) SECOND AMENDED COMPLAINT with Jury Demand against Adventist Health, AtriCure, Inc., St. Helena Hospital, filed by John Doe.(mga) [Transferred from North Carolina Western on 5/24/2022.] (Entered: 12/30/2020)

#24

(#24) AMENDED COMPLAINT with Jury Demand against Adventist Health, AtriCure, Inc., St. Helena Hospital, filed by John Doe.(clc) [Transferred from North Carolina Western on 5/24/2022.] (Entered: 06/04/2020)

18 #2

Envelope

18 #1

Cover Letter

#18

(#18) NOTICE of Change of Address by Charles H. Rabon, Jr (Attachments: #1 Cover Letter, #2 Envelope)(brj) [Transferred from North Carolina Western on 5/24/2022.] (Entered: 10/04/2019)

#1

(#1) COMPLAINT against Adventist Health, Atricure, Inc., St. Helena Hospital ( Filing fee $ 400 receipt number CHD040053), filed by John Doe.(jlk) Modified filed date on 1/11/2017 (rth). [Transferred from North Carolina Western on 5/24/2022.] (Entered: 01/11/2017)

74 More Documents Available

 

Docket Entries

  • 07/12/2022
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  • Docket(#88) AMENDED COMPLAINT Fourth against All Defendants, filed by Joel Stevens. (Myers, Kelly) (Entered: 07/12/2022)

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  • 07/07/2022
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  • DocketNotation Order: This matter is before the Court on #87 Relator's Unopposed Motion for Leave To Amend and Joint Motion for Schedule to File Responsive Pleadings. For good cause shown, and the reasons stated therein, it is hereby ORDERED that #87 Relator's Motion for Leave To Amend and Joint Motion for Schedule to File Responsive Pleadings is GRANTED; Relator shall file the proposed Fourth Amended Complaint within seven (7) days of the date of issuance of this Order; Defendants' deadline to file responsive pleadings is August 17, 2022; if Defendant(s) file a motion to dismiss, then Relator shall file his opposition papers by September 28, 2022; and, Defendant(s)' reply, if any, shall be filed by October 26, 2022. Signed by Judge Michael R. Barrett on 7/6/2022. (kkz) (Entered: 07/07/2022)

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  • 06/30/2022
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  • Docket(#87) Unopposed MOTION for Leave to File by Plaintiff Joel Stevens. (Attachments: #1 Proposed Fourth Amended Complaint, #2 Text of Proposed Order) (Myers, Kelly). Added MOTION for Extension of Time to File Response/Reply on 7/1/2022 (kl). (Entered: 06/30/2022)

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  • 06/22/2022
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  • DocketNotation Order: This matter is before the Court on #86 Defendant AtriCure, Inc.'s Consent Motion to Extend Deadline for Filing Responsive Pleadings. It is hereby ORDERED that the #86 Motion to Extend Deadline is GRANTED; Defendants' responsive pleading deadline is STAYED; and the parties shall have up to and including 7/1/2022 to file a joint proposed briefing schedule. Signed by Judge Michael R. Barrett on 6/22/2022. (kkz) (Entered: 06/22/2022)

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  • 06/17/2022
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  • Docket(#86) Consent MOTION for Extension of Time to File New date requested 7/1/2022. AtriCure's Consent Motion to Extend Deadline for Filing Responsive Pleadings by Defendant AtriCure, Inc.. (Attachments: #1 Text of Proposed Order) (Sayre, Russell) (Entered: 06/17/2022)

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  • 06/08/2022
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  • DocketNotation Order: This matter is before the Court on the #85 Motion to Confirm Substitution of Counsel for Adventist and St. Helena filed by Defendants Adventist Health and St. Helena Hospital. It is hereby ORDERED that the #85 Motion to Confirm is GRANTED, and the Clerk shall SUBSTITUTE Michael J. Bronson as trial attorney for Defendants Adventist Health and St. Helena and REMOVE Daniel Adams as counsel of record for Defendants Adventist Health and St. Helena in this matter. Signed by Judge Michael R. Barrett on 6/8/2022.(kkz) (Entered: 06/08/2022)

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  • 06/07/2022
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  • Docket(#85) MOTION to Substitute Attorney by Defendants Adventist Health, St. Helena Hospital. (Bronson, Michael) (Entered: 06/07/2022)

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  • 06/02/2022
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  • DocketNOTATION ORDER granting #80 Motion for Leave to Appear Pro Hac Vice of Brandon J. Moss as Co-Counsel; granting #81 Motion for Leave to Appear Pro Hac Vice of Ralph J. Caccia as Co-Counsel; granting #82 Motion for Leave to Appear Pro Hac Vice of Enbar Toledano as Co-Counsel ; granting #84 Motion for Leave to Appear Pro Hac Vice of Ross B. Brooks as Co-Counsel. Co-Counsels are directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Stephanie K. Bowman on 6/2/2022. (eh) (Entered: 06/02/2022)

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  • 06/01/2022
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  • Docket(#84) MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8890650) of Ross B. Brooks by Plaintiff Joel Stevens. (Attachments: #1 Certificate of Good Standing) (Myers, Kelly) (Entered: 06/01/2022)

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  • 06/01/2022
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  • Docket(#83) NOTICE of Appearance by Kelly Mulloy Myers for Plaintiff Joel Stevens (Myers, Kelly) (Entered: 06/01/2022)

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63 More Docket Entries
  • 06/11/2021
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  • Docket(#34) WAIVER OF SERVICE Returned Executed by John Doe. St. Helena Hospital waiver sent on 6/10/2021, answer due 8/9/2021. (Rabon, Charles) [Transferred from North Carolina Western on 5/24/2022.] (Entered: 06/11/2021)

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  • 06/11/2021
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  • Docket(#33) WAIVER OF SERVICE Returned Executed by John Doe. Adventist Health waiver sent on 6/10/2021, answer due 8/9/2021. (Rabon, Charles) [Transferred from North Carolina Western on 5/24/2022.] (Entered: 06/11/2021)

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  • 06/11/2021
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  • Docket(#32) WAIVER OF SERVICE Returned Executed by John Doe. AtriCure, Inc. waiver sent on 6/10/2021, answer due 8/9/2021. (Rabon, Charles) [Transferred from North Carolina Western on 5/24/2022.] (Entered: 06/11/2021)

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  • 05/14/2021
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  • Docket(#31) Summons Issued Electronically as to Adventist Health, AtriCure, Inc., St. Helena Hospital. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (Attachments: #1 Summons, #2 Summons)(eef) [Transferred from North Carolina Western on 5/24/2022.] (Entered: 05/14/2021)

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  • 03/17/2021
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  • Docket(#30) ORDER granting #29 Motion to Unseal Case. The Complaint (Doc. No. 1) the Amended Complaint (Doc. No. 24), the Second Amended Complaint (Doc. No. 28), the Governments Notice of Election to Decline Intervention and Motion to Unseal Complaint (Doc. No. 29), and this Order be unsealed;2. All other current papers on file with the Court in this action remain under seal and will not be made public or served upon the Defendants. In accordance with the terms of the Maryland False Health Claims Act, Md. Code Ann., Health Gen, 2-604 (a)(7), the State of Maryland having declined to intervene in this matter, all claims asserted on behalf of Maryland are hereby dismissed without prejudice. Signed by District Judge Frank D. Whitney on 3/17/21. (clc) [Transferred from North Carolina Western on 5/24/2022.] (Entered: 03/17/2021)

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  • 03/15/2021
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  • Docket(#29) NOTICE of Election to Decline Intervention and Motion to Unseal Complaint by United States of America (Attachments: #1 Proposed Order)(Armstrong, Katherine) Modified on 3/17/2021 (clc). [Transferred from North Carolina Western on 5/24/2022.] (Entered: 03/15/2021)

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  • 12/30/2020
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  • Docket(#28) SECOND AMENDED COMPLAINT with Jury Demand against Adventist Health, AtriCure, Inc., St. Helena Hospital, filed by John Doe.(mga) [Transferred from North Carolina Western on 5/24/2022.] (Entered: 12/30/2020)

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  • 06/04/2020
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  • Docket(#24) AMENDED COMPLAINT with Jury Demand against Adventist Health, AtriCure, Inc., St. Helena Hospital, filed by John Doe.(clc) [Transferred from North Carolina Western on 5/24/2022.] (Entered: 06/04/2020)

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  • 10/04/2019
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  • Docket(#18) NOTICE of Change of Address by Charles H. Rabon, Jr (Attachments: #1 Cover Letter, #2 Envelope)(brj) [Transferred from North Carolina Western on 5/24/2022.] (Entered: 10/04/2019)

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  • 01/10/2017
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  • Docket(#1) COMPLAINT against Adventist Health, Atricure, Inc., St. Helena Hospital ( Filing fee $ 400 receipt number CHD040053), filed by John Doe.(jlk) Modified filed date on 1/11/2017 (rth). [Transferred from North Carolina Western on 5/24/2022.] (Entered: 01/11/2017)

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