United States ex rel Law Project for
Psychiatric Rights v. Matsutani, et al.
US District Court, District of Alaska, Case No.
3:09-cv-0080-TMB
consolidated with
United States ex rel
Daniel Griffin v. Martino, et al.
US District Court, District of Alaska, Case No.
3:09-cv-00246
For background see,
PsychRights' Medicaid Fraud Initiative Against
Psychiatric Drugging of Children & Youth and
PsychRights' Rule 26(f)
Conference Memorandum.
On September 24, 2010, this case was
dismissed under what is known
as the "Public Disclosure Bar" on the grounds government officials already know
about the industry-wide fraud and are allowing it to continue.
[T]he Government already "has pursued False
Claims Act cases and achieved extremely large recoveries against drug companies
for causing the presentment of claims to Medicaid for prescriptions of
psychotropic drugs that are not for medically accepted indications, including
Geodon and Seroquel for use in children and youth." Thus, . . . the Government
already knows about the conduct . . . .
Page 21 of Order Granting
Defendant's Motion to Dismiss Under Rule 12(b)(1)
PsychRights believes the judge misinterpreted the law and
appealed.
One of the reasons Congress passed the False Claims Act allowing private parties
to sue on behalf of the government to recover for fraud was to address the
problem of federal officials refusing to stop fraud against the government.
However, on October, 25, 2011, a three judge panel of the 9th Circuit
affirmed the dismissal in
an unpublished decision that is not supposed to be cited as precedent. The
three judge panel basically said, "If the government knows about the fraud and
doesn't care, why should we?"
PsychRights filed a Petitition for
Panel Rehearing and Rehearing En Banc, which was
denied on December 2,
2011.
Public
Disclosure Bar Appeal
Ninth Circuit Case No. 10-35887
Docket Sheet
- Scheduling
Order, October 1, 2010
- Mediation
Questionnaire, October 5, 2010
- Request
to Take Judicial Notice, December 21, 2010
-
Opposition to Judicial Notice, December 30, 2010
- Reply Re:
Judicial Notice, January 10, 2011
- Appellants' Opening
Brief, January 10, 2011
- Appellees' Answering
Brief, March 2, 2011
-
Request to Take Judicial Notice of United States' Statement of Interest in
ex rel Polansky v. Pfizer, March 5, 2011
-
Opposition to Taking Judicial Notice of United States' Statement of Interest
in ex rel Polansky v. Pfizer, March 18, 2011.
- Reply
Re: Taking Judicial Notice of United States' Statement of Interest in ex
rel Polansky v. Pfizer, March 25, 2011.
- Reply Brief,
March 29, 2011.
-
Defendants'
Citation of Supplemental Authority, May 18, 2011.
-
Response to Defendants Citation of Supplemental Authority, May 20, 2011.
-
Order
Granting Motions for Judicial Notice, September 28, 2011.
-
Audio of Oral Argument,
October 12, 2011
-
Affirmance, October
25, 2011
-
Petitition for
Panel Rehearing and Rehearing En Banc, November 7, 2011.
-
Denial of Petition for
Rehearing and Rehearing En Banc, December 2, 2011.
Trial Court
Docket Sheet
By Topic
Complaint
Public Disclosure Bar
12(b)(6) Motion
Particularity
Motion
State
of Alaska Officials' 12(b)(6) Motion
PsychRights' Motion for Preliminary Injunction
First to File (in Griffin Case). The only new issue in
these pleadings is what is known as the "First to File" rule.
Motion for Attorney's Fees
Chronological
- Complaint,
April 27, 2009
- Motion to Unseal Complaint
(If Necessary) and Serve on Defendants, June 28, 2009.
- Order to Show Cause
Why Complaint Should Not Unsealed and Served on Defendants, June 30,
2009.
- Redacted United States' Motion
for an Extension of Time, July 1, 2009.
- Redacted Opposition to United
States' Application for an Extension of Time, July 2, 2009.
- Redacted United States Reply in
Support of Extension of Time and
- TMB TEXT ORDER DENYING 3 Relator's Motion to Unseal
Document. IT IS HEREBY ORDERED that the Motion to Unseal the Complaint at
Docket 3 is DENIED. (SRL, COURT STAFF) Modified on 9/14/2010 to unseal per
order dkt 158.(RMC, COURT STAFF). (Entered: 07/13/2009).
- Order
Granting Motion for Extension of Time to File Ex Parte Application
for Extension of Time to Consider Election to Intervene, July 13, 2009.
-
The
Government's Notice of Election to Decline Intervention, December 31,
2009
- Response to the
Government's Notice of Election to Decline Intervention, January 5,
2010.
-
Order unsealing
Complaint and Declination, January 25, 2010.
-
PsychRights' Rule 26(f)
Conference Memorandum, February 22, 2010.
-
E-mail Exchange with
Alaska Department of Law State Employee Liability, February 22-25, 2010.
-
Parties' First
Scheduling and Planning Conference Report, March 11, 2010.
- Motion to
Clarify Court Order Sealing Certain Court Documents, March 10, 2010.
- Order Temporarily Sealing
Documents and Requesting Further Briefing, March 11, 2010.
- Government's Response to
Sealing Briefing Order, March 15, 2010
- PsychRights Response
to Government's Response to Sealing Briefing Order, March 15, 2010
- Defendants' Response
to United States' Response to Order Temporarily Sealing Documents and
Requesting Further Briefing, March 17, 2010.
- PsychRights Motion
for Preliminary Injunction Against Defendants Hogan and Streur, March
24, 2010.
- Order
Denying Motion for Preliminary Injunction Without Prejudice, March 26,
2010.
- Motion to Require Defendant
Thomson Reuters (Healthcare) to Provide PsychRights with Drugdex Entries,
March 29, 2010.
- Motion for
Shortened Time on PsychRights' Motion to Require Defendant Thomson Reuters
(Healthcare) to Provide PsychRights with Drugdex Entries, March 26, 2010
- Rule 9(b)Motion to
Dismiss by All Defendants ("particularity"), March 30, 2010.
- Opposition to Motion to
Require Thomson Reuters (HealthCare) to Provide Plaintiff with DRUGDEX
Entries, April 2, 2010.
- Withdrawal of
Motion to Require Defendant Thomson Reuters (Healtcare) to Provide
PsychRights with Drugdex Entries, April 3, 2010.
- Motion to Dismiss by Defendants
Hogan, Sandoval, McComb & Streur (Alaska State Officials), April 5,
2010.
- Motion to
Dismiss Under Public Disclosure Jurisdictional Bar (with exhibits), April 5, 2010.
(8 Megabytes)
- Motion to Dismiss for Failure to
State a Claim Upon Which Relief May be Granted (Rule 12(b)(6)), April 5,
2010.
- Order
Substituting Frontline Hospital, LLC d/b/a Northstar Hospital as a defendant,
April 8, 2010.
- Order Substituting
Bartlett Regional Hospital an agency of the the City and Borough of Juneau
as a defendant, April 8, 2010.
- Request by
Providence, Matsutani, Anchorage Community Mental Health Services, Curtiss
and Clark to Decide Rule 9(b) motion first, April 9, 2010.
- US Reply In
Opposition to the Unsealing of Certain Sealed Documents, April 14, 2010.
- First Amended Complaint,
May 6, 2010.
- Opposition
to Motion to Dismiss for Failure to State a Claim May be Granted (Rule
12(b)(6)), May 7, 2010.
- Opposition to Motion to
Dismiss by Defendants Hogan, Sandoval, McComb & Streur (Alaska State
Officials), May 7, 2010.
- Opposition to Rule
9(b)Motion to Dismiss by All Defendants ("particularity"), May 8, 2010
- Opposition to
Motion to Dismiss Under Public Disclosure Jurisdictional Bar, May 10,
2010.
- Refiled Motion for
Preliminary Injunction Against Defendants Hogan and Streur, May 14,
2010.
- Motion to Accept
Overlength Reply Re: Rule 9(b) Motion to Dismiss with proposed Reply,
May 25, 2010.
- Alaska State Officials Reply re:
Alaska State Officials' Motion to Dismiss, May 25, 2010.
- Reply Re: Motion to
Dismiss Under Public Disclosure Bar, May 25, 2010.
- Reply Re: 12(b)(6) Motion, May
25, 2010.
- Defendants Request for Oral
Argument on Motions to Dismiss, May 27, 2010.
- PsychRights
Response to Request for Oral Argument on Motions to Dismiss, May 28,
2010.
- Defendants' Reply Re:
Request for Oral Argument on Motions to Dismiss, June 1, 2010.
- Opposition to Refiled
Motion for Preliminary Injunction Against Defendants Hogan and Streur,
June 3, 2010.
- Reply to Opposition
to Refiled Motion for Preliminary Injunction Against Defendants Hogan and
Streur, June 10, 2010.
- Request for Oral
Argument As Soon As Possible on Motion for Preliminary Injunction, June
10, 2010.
- Opposition to
Request for Oral Argument As Soon As Possible on Motion for Preliminary
Injunction, June 14, 2010
- Reply re:
Request for Oral Argument As Soon As Possible on Motion for Preliminary
Injunction, June 15, 2010
- Reply Re: Rule 9(b) Motion to
Dismiss (particularity), June 18, 2010.
- Parties' Second Scheduling and
Planning Conference Report, July 2, 2010.
- Safeway Motion to
Dismiss Griffin Complaint, July 27, 2010.
- Family Centered Services of
Alaska Motion to Dismiss Griffin Complaint, July 27, 2010.
- Martino
Joinder in Safeway Motion to Dismiss, July 27, 2010.
- Opposition to
Safeway's and Family Centered Services' Motions to Dismiss, August 16,
2010.
- Family Centered Services' Reply
re: Motion to Dismiss, August 26, 2010.
- Safeway Reply re: Motion to
Dismiss, August 30, 2010.
- Order
Clarifying and Amending the Court's Sealing Order Dated January 25, 2010,
September 14, 2010.
- Unsealed Documents:
- Dkt. No. 2,
Civil Cover Sheet, April 27, 2009.
- Dkt. No. 158-1, September 14,
2010, Redacted Copy of Dkt No. 3-1, Exhibits to Motion to Unseal Complaint
(If Necessary) and Serve on Defendants, June 28, 2009.
- Dkt. No. 5, Order to Show Cause
Why Complaint Should Not Unsealed and Served on Defendants, June 30,
2009.
- Dkt. No. 6, United States
First Ex Parte Application for Extension of Time to Consider Election
to Intervene, July 1, 2009.
- Dkt. No. 10, Motion to
Correct Complaint Caption (Unopposed), July 13, 2010.
- Dkt. No. 11, TMB TEXT ORDER DENYING 3 Relator's Motion to Unseal
Document. IT IS HEREBY ORDERED that the Motion to Unseal the Complaint at
Docket 3 is DENIED. (SRL, COURT STAFF) Modified on 9/14/2010 to unseal per
order dkt 158.(RMC, COURT STAFF). (Entered: 07/13/2009).
- Dkt. No. 12, Order
Granting Motion for Extension of Time to File Ex Parte Application
for Extension of Time to Consider Election to Intervene, July 13, 2009.
- Dkt No. 13, ORDER GRANTING 10 Unopposed Motion to Amend/Correct
Complaint. IT IS HEREBY ORDERED that the case caption is corrected to
reflect the first name of defendant Dr. Osamu Matsutani. (SRL, COURT STAFF)
Modified on 9/14/2010 to unseal per order dkt 158.(RMC, COURT STAFF).
(Entered: 07/13/2009)
- Dkt. No. 15, Response to the
Government's Notice of Election to Decline Intervention, January 5,
2010.
- Defendants' Notice of
Supplemental Authority, September 21, 2010.
- Motion for Leave to File
Supplemental Brief and Factual Material, September 21, 2010.
- Defendants' Motion for Leave to Present Unsealed
Documents Pertinent to Their Public Disclosure Bar Motion, September 21,
2010
-
Defendants' Motion for Leave to File Supplemental Authority in Support of
Particularity Motion, September 21, 2010.
- Order Granting
Defendant's Motion to Dismiss Under Rule 12(b)(1), September 24, 2010.
-
Minute Order Regarding Unsealing and Redacted Documents, September 28,
2010.
- Dkt No.3, Motion to Unseal
Complaint (If Necessary) and Serve on Defendants, June 28, 2009.
- Dkt. No. 4, Declaration, June
28, 2009.
- Dkt. No. 165-1, Redacted Dkt. No.
7, United States' Motion for an Extension of Time, July 1, 2009.
- Dkt. No. 165-2, Redacted Dkt. No.
8, Opposition to United States' Application for an Extension of Time,
July 2, 2009.
- Dkt. No. 165-3, Redacted Dkt. No.
9, United States Reply in Support of Extension of Time and Response to Order
to Show Cause, July 8, 2009.
- Final Judgment, October 1,
2010.
- Notice of Appeal, October 1,
2010.
- Motion for Attorney's Fees,
October 14, 2010.
|
Dkt No. |
Defendant(s) |
Amount |
|
175 |
Central Peninsula Counseling Services |
$ 9,840.00 |
|
176 |
Southcentral Foundation |
$ 49,199.26 |
|
177 |
Northstar, et al. |
$ 31,044.00 |
|
178 |
Bartlett, et al. |
$ 65,698.75 |
|
179 |
Matsutani/Providence |
$ 42,481.60 |
|
180 |
Ozer |
$ 11,782.00 |
|
180 |
Phillips |
$ 11,115.00 |
|
181 |
Martino/Rothrock/FbksNeuropsych |
$ 16,713.50 |
|
182 |
Curtiss/Clark |
$ 10,984.75 |
|
184 |
Anchorage Community Mental Health Services |
$ 23,662.00 |
|
186 |
Denali Family Services |
$ 50,003.05 |
| |
Total |
$ 322,523.91 |
Other Information
