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United States ex rel Repko v. Guthrie Clinic

June 18, 2008

UNITED STATES OF AMERICA EX REL RODNEY REPKO, PLAINTIFF,
v.
GUTHRIE CLINIC, P.C., ET AL., DEFENDANTS.



The opinion of the court was delivered by: James F. McCLURE, Jr. United States District Judge

ORDER

(Judge McClure)

BACKGROUND

On July 19, 2004, plaintiff-relator Rodney Repko commenced this civil action with the filing of a complaint against defendants Guthrie Clinic, P.C., Guthrie Healthcare System, Inc., Robert Packer Hospital, Kevin Carey, and Terence Devine. Plaintiff-relator's complaint sets forth a cause of action based on the False Claims Act, and was filed under the qui tam provisions of the act which authorize private individuals to bring a civil action in the name of the United States. 31 U.S.C. § 3730(b).

On June 6, 2006, the United States filed a notice of election declining to intervene in the action. (Rec. Doc. No. 27.) On June 8, 2006, we ordered that the complaint be unsealed and served upon the defendant. (Rec. Doc. No. 28.) On October 6, 2006, plaintiff-relator filed an amended complaint. (Rec. Doc. No. 29.) On October 12, 2007, with defendants' permission, plaintiff-relator filed another amended complaint which removed Kevin Carey as a defendant. (Rec. Doc. No. 64.)

The parties are now conducting discovery. On April 18, 2008, defendants filed a "Motion to Compel Production of Relator's Initial Disclosures and for Sanctions." (Rec. Doc. No. 91.) On April 29, 2008, plaintiff-relator filed a motion for sanctions. (Rec. Doc. No. 102.) Both motions are ripe for disposition. For the following reasons, we will grant defendants' motion and deny plaintiff-relator's motion.

DISCUSSION

I. Defendant's Motion to Compel and Motion for Sanctions

Rule 26(a)(1)(A) of the Federal Rules of Civil Procedure states:

A party must, without awaiting a discovery request, provide to the other parties:

(i) the name and, if known, the address and telephone number of each individual likely to have discoverable information -along with the subjects of that information - that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment;

(ii) a copy - or a description by category and location - of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody or control and may use to support its claims or defenses, unless the use would be solely for impeachment;

(iii) a computation of each category of damages claimed by the disclosing party - who must also make available for inspection and copying as under Rule 34 the documents or other evidentiary material, unless privileged or protected from disclosure, on which each computation is based, including materials bearing on the nature and extent of injuries suffered; and

(iv) for inspection and copying as under Rule 34, any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible judgment in the action or to indemnify or ...


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