Court Dockets
U.S. District Court
District of Columbia (Washington, DC)
CIVIL DOCKET FOR CASE #: 1:10-cv-01094-BAH

SCUTELLARO v. CAPITOL SUPPLY, INC.

DOCKET INFORMATION
Minimize
Date Filed: Jun 29, 2010
Status: Closed
Nature of suit:375 False Claims Act
Demand:$5,000,000
Assigned to:Chief Judge Beryl A. Howell
Cause:31:3729 False Claims Act
Date terminated:2019-11-27
Jurisdiction:U.S. Government Plaintiff
Jury demand:Plaintiff
Cases: 1:13-mc-00373-BAH
1:13-mc-00534-BAH

Parties and Attorneys

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 Plaintiff
LOUIS SCUTELLARO
United States of America ex rel.
Plaintiff
Representation
H. Vincent McKnight , Jr.
SANFORD HEISLER SHARP, LLP
700 Pennsylvania Ave, SE
Suite 300
Washington, DC 20003
(202) 499-5211
Fax: (202) 499-5199
vmcknight@sanfordheisler.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		John R. Thomas , Jr.
HAFEMANN MAGEE & THOMAS, LLC
P.O. Box 8877
Roanoke, VA 24014
(540) 759-1660
jt@hhm.law
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
 Defendant
CAPITOL SUPPLY, INC.
Defendant
Representation
Michael Bhargava
NORTON ROSE FULBRIGHT US LLP
799 9th Street, NW
Suite 1000
Washington, DC 20001
(202) 974-5629
Fax: (202) 662-4643
michael.bhargava@nortonrosefulbright.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		Adam J. Hodkin
HODKIN STAGE
54 SW Boca Raton Boulevard
Boca Raton, FL 33432
(561) 810-1600
Fax: (561) 300-2128
ahodkin@hswlawgroup.com
TERMINATED: 08/09/2018
PRO HAC VICE		Nathan Pate
PADULA HODKIN PLLC
101 Plaza Real South
Suite 207
Boca Raton, FL 33432
(561) 544-8900
Fax: (561) 544-8999
pate@padulahodkin.com
TERMINATED: 05/23/2016
PRO HAC VICE
Robert Fabrikant
MANATT, PHELPS & PHILLIPS, LLP
1050 Connecticut Avenue, NW
Suite 600
Washington, DC 20036
(202) 585-6556
rfabrikant@manatt.com
TERMINATED: 04/03/2014
 Intervenor
UNITED STATES OF AMERICA
Intervenor
Representation
Darrell C. Valdez, U.S. ATTORNEY'S OFFICE FOR THE DISTRICT OF COLUMBIA
555 Fourth Street, NW
Washington, DC 20530
(202) 252-2507
darrell.valdez@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		John H. Spittell, U.S. ATTORNEY'S OFFICE FOR THE DISTRICT OF COLUMBIA
555 Fourth Street, NW
Washington, DC 20530
(202) 252-2571
Fax: (202) 252-2599
john.spittell@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		Daniel Patrick Schaefer, U.S. ATTORNEY'S OFFICE FOR THE DISTRICT OF COLUMBIA
555 Fourth Street, NW
Washington, DC 20530
(202) 252-2531
Fax: (202) 252-2599
Daniel.Schaefer@usdoj.gov
ATTORNEY TO BE NOTICED

Docket Entries

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EntryFiledPDFDescription
1Jun 29, 2010ViewCOMPLAINT against CAPITOL SUPPLY, INC. ( Filing fee $ 350, receipt number 4616030813) filed by LOUIS SCUTELLARO. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Civil Cover Sheet) (ztd, ) (Entered: 06/30/2010)
19Oct 10, 2012ViewNOTICE of Intervention In Part by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(zrdj) (Entered: 10/11/2012)
20Oct 12, 2012RequestORDER re 19 Notice of Intervention in Part filed by UNITED STATES OF AMERICA. Signed by Judge Beryl A. Howell on 10/11/2012. Counsel have been notified by first class mail.(tg, ) Modified on 10/12/2012 to correct signature date(tg, ). (Entered: 10/12/2012)
Oct 12, 2012***Case Unsealed pursuant to Order entered on 10/12/2012. (ztg, ) (Entered: 10/12/2012)
21Feb 5, 2013ViewCOMPLAINT in Intervention against CAPITOL SUPPLY, INC. (Filing fee $ 0.00) filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit)(rdj) (Entered: 02/06/2013)
22Feb 6, 2013RequestCERTIFICATE OF SERVICE by UNITED STATES OF AMERICA re 21 Complaint in Intervention. (Valdez, Darrell) (Entered: 02/06/2013)
23Feb 7, 2013RequestSTANDING ORDER. Signed by Judge Beryl A. Howell on 02/07/2013. (lcbah2) (Entered: 02/07/2013)
24Feb 8, 2013RequestCERTIFICATE OF SERVICE by LOUIS SCUTELLARO Complaint & Exhibits. (McKnight, H.) (Entered: 02/08/2013)
25Feb 21, 2013RequestNOTICE of Appearance by Michael Bhargava on behalf of CAPITOL SUPPLY, INC. (Bhargava, Michael) (Entered: 02/21/2013)
26Feb 21, 2013RequestConsent MOTION for Extension of Time to File Response/Reply to Complaints by CAPITOL SUPPLY, INC. (Attachments: # 1 Text of Proposed Order)(Bhargava, Michael) (Entered: 02/21/2013)
Feb 22, 2013MINUTE ORDER (paperless) granting 26 Consent Motion for Extension to Respond to Complaints. The defendant shall respond to the Relator's 1 Complaint and the 21 United States Complaint In Partial Intervention on or before March 29, 2013. Signed by Judge Beryl A. Howell on 02/22/2013. (lcbah2) (Entered: 02/22/2013)
Feb 22, 2013Set/Reset Deadlines: Answer to Complaints due by 3/29/2013, (tg, ) (Entered: 02/22/2013)
27Feb 28, 2013ViewFIRST AMENDED COMPLAINT against CAPITOL SUPPLY, INC. filed by LOUIS SCUTELLARO. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(znmw, ) (Entered: 02/28/2013)
28Mar 18, 2013RequestConsent MOTION for Extension of Time to File Answer to First Amended Complaint by CAPITOL SUPPLY, INC. (Attachments: # 1 Text of Proposed Order)(Bhargava, Michael) (Entered: 03/18/2013)
Mar 19, 2013MINUTE ORDER (paperless) granting 28 Consent Motion for Extension to Respond to First Amended Complaint. The defendant shall respond to the 27 First Amended Complaint on or before March 29, 2013. Signed by Judge Beryl A. Howell on 03/19/2013. (lcbah2) (Entered: 03/19/2013)
Mar 20, 2013Set/Reset Deadline: The defendant shall respond to the 27 First Amended Complaint on or before 3/29/2013. (ad) (Entered: 03/20/2013)
29Mar 29, 2013RequestConsent MOTION for More Definite Statement by CAPITOL SUPPLY, INC. (Attachments: # 1 Text of Proposed Order)(Bhargava, Michael) (Entered: 03/29/2013)
Apr 1, 2013MINUTE ORDER (paperless) granting 29 Consent Motion for a More Definite Statement. The plaintiff United States of America shall file an amended complaint on or before April 15, 2013. The defendant shall answer or otherwise respond to both the United States' amended complaint and the 27 First Amended Complaint within 21 days of the filing of the United States' amended complaint. Signed by Judge Beryl A. Howell on 04/01/2013. (lcbah2) (Entered: 04/01/2013)
Apr 1, 2013Set/Reset Deadlines: Amended Complaint due by 4/15/2013. (tg, ) (Entered: 04/01/2013)
30Apr 15, 2013RequestNOTICE (Amended) of Intervention In Part by UNITED STATES OF AMERICA re 19 Notice (Other) (Valdez, Darrell) (Entered: 04/15/2013)
31Apr 15, 2013ViewIntervenor COMPLAINT (Partial) filed by UNITED STATES OF AMERICA.(jf, ) (Entered: 04/16/2013)
32Apr 22, 2013RequestNOTICE of Appearance by John H. Spittell on behalf of UNITED STATES OF AMERICA (Spittell, John) (Entered: 04/22/2013)
33Apr 25, 2013RequestNOTICE of Appearance by Robert Fabrikant on behalf of CAPITOL SUPPLY, INC. (Fabrikant, Robert) (Entered: 04/25/2013)
34May 6, 2013ViewNOTICE of Exhibit to Amended Complaint in Intervention by UNITED STATES OF AMERICA re 31 Intervenor Complaint (Valdez, Darrell) (Entered: 05/06/2013)
35May 6, 2013ViewMOTION to Dismiss Relator's First Amended Complaint by CAPITOL SUPPLY, INC. (Bhargava, Michael) (Entered: 05/06/2013)
36May 6, 2013ViewMOTION to Dismiss United States Amended Complaint in Partial Intervention by CAPITOL SUPPLY, INC. (Bhargava, Michael) (Entered: 05/06/2013)
37May 22, 2013RequestConsent MOTION for Extension of Time to File Response/Reply as to 36 MOTION to Dismiss United States Amended Complaint in Partial Intervention, 35 MOTION to Dismiss Relator's First Amended Complaint by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Valdez, Darrell) (Entered: 05/22/2013)
May 23, 2013MINUTE ORDER (paperless) granting 37 Consent Motion for Extension of Time to Respond to Defendant's Motion to Dismiss. The United States and the Relator shall file their responses to Defendant's motions to dismiss by June 6, 2013. Signed by Judge Beryl A. Howell on 05/23/2013. (lcbah2) (Entered: 05/23/2013)
May 23, 2013Set/Reset Deadlines: Responses to Dispositive Motion due by 6/6/2013. (tg, ) (Entered: 05/23/2013)
38Jun 5, 2013ViewRESPONSE re 36 MOTION to Dismiss United States Amended Complaint in Partial Intervention filed by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order)(Valdez, Darrell) (Entered: 06/05/2013)
39Jun 6, 2013ViewMemorandum in opposition to re 35 MOTION to Dismiss Relator's First Amended Complaint filed by LOUIS SCUTELLARO. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(McKnight, H.) (Entered: 06/06/2013)
40Jun 11, 2013RequestConsent MOTION for Extension of Time to File Response/Reply as to 36 MOTION to Dismiss United States Amended Complaint in Partial Intervention, 35 MOTION to Dismiss Relator's First Amended Complaint Re: Extension of Time for Capitol Supply, Inc. to file Reply Briefs by CAPITOL SUPPLY, INC. (Attachments: # 1 Text of Proposed Order)(Bhargava, Michael) (Entered: 06/11/2013)
Jun 11, 2013MINUTE ORDER (paperless) granting 40 Consent Motion For Extension to Reply To Oppositions To Motions to Dismiss. Defendant Capitol Supply shall file its Replies by June 24, 2013. Signed by Judge Beryl A. Howell on 06/11/2013. (lcbah2) (Entered: 06/11/2013)
Jun 12, 2013Set/Reset Deadlines: Reply to Oppositions to Dispositive Motions due by 6/24/2013. (tg, ) (Entered: 06/12/2013)
41Jun 24, 2013ViewREPLY to opposition to motion re 36 MOTION to Dismiss United States Amended Complaint in Partial Intervention filed by CAPITOL SUPPLY, INC.. (Bhargava, Michael) (Entered: 06/24/2013)
42Jun 24, 2013ViewREPLY to opposition to motion re 35 MOTION to Dismiss Relator's First Amended Complaint filed by CAPITOL SUPPLY, INC.. (Bhargava, Michael) (Entered: 06/24/2013)
Mar 7, 2014MINUTE ORDER (paperless) ORDERING the parties to appear, on March 18, 2014, at 10:00 AM in Courtroom 15, for a motions hearing regarding defendant Capitol Supply, Inc.'s 35 Motion to Dismiss Relator's First Amended Complaint and 36 Motion to Dismiss United States Amended Complaint in Partial Intervention. Signed by Judge Beryl A. Howell on March 7, 2014. (lcbah2) (Entered: 03/07/2014)
Mar 10, 2014Set/Reset Hearings: Motion Hearing set for 3/18/2014 at 10:00 AM in Courtroom 15 before Judge Beryl A. Howell. (tg, ) (Entered: 03/10/2014)
Mar 18, 2014Minute Entry for proceedings held before Judge Beryl A. Howell: Motion Hearing held on 3/18/2014 re 1 in 1:13-mc-00373-BAH, MOTION for Summary Enforcement of Inspector General Subpoena filed by UNITED STATES OF AMERICA, 36 in 1:10-cv-01094-BAH, MOTION to Dismiss United States Amended Complaint in Partial Intervention filed by CAPITOL SUPPLY, INC.; and 35 in 1:10-cv-01094-BAH, MOTION to Dismiss Relator's First Amended Complaint filed by CAPITOL SUPPLY, INC. (Order forthcoming). (Court Reporter Chantal Geneus.) (tg, ) (Entered: 03/18/2014)
Mar 18, 2014For the reasons stated on the record at the hearing held on March 18, 2014, the defendant's 35 Motion to Dismiss the Relator's First Amended Complaint is GRANTED IN PART and DENIED IN PART. The motion is GRANTED with respect to claims that are identical to those raised in the United States' Amended Complaint in Partial Intervention, and is DENIED in all other respects. Further, the defendant's 36 Motion to Dismiss United States' Amended Complaint in Partial Intervention is GRANTED IN PART and DENIED IN PART. The motion is GRANTED with respect to common law claims raised in the United States' Amended Complaint under Counts III and IV. The motion is DENIED in all other respects. Signed by Judge Beryl A. Howell on March 18, 2014. (lcbah2) (Entered: 03/18/2014)
43Apr 2, 2014RequestConsent MOTION for Extension of Time to File Joint Meet and Confer Statement by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Valdez, Darrell) (Entered: 04/02/2014)
Apr 2, 2014MINUTE ORDER (paperless) GRANTING the intervenor's 43 Consent Motion for Extension of Time to File Joint Meet and Confer Report. Accordingly, the intervenor shall, by April 18, 2014, file a joint meet and confer statement per Local Civil Rule 16.3(d) and the Court's 23 Standing Order. Signed by Judge Beryl A. Howell on April 2, 2014. (lcbah2) (Entered: 04/02/2014)
44Apr 2, 2014RequestANSWER to 27 Amended Complaint, by CAPITOL SUPPLY, INC.. Related document: 27 Amended Complaint, filed by LOUIS SCUTELLARO.(Bhargava, Michael) (Entered: 04/02/2014)
45Apr 2, 2014RequestANSWER to 31 Intervenor Complaint by CAPITOL SUPPLY, INC..(Bhargava, Michael) (Entered: 04/02/2014)
Apr 3, 2014Set/Reset Deadlines: Joint Meet & Confer Statement due by 4/18/2014. (tg, ) (Entered: 04/03/2014)
46Apr 3, 2014RequestNOTICE OF WITHDRAWAL OF APPEARANCE as to CAPITOL SUPPLY, INC.. Attorney Robert Fabrikant terminated. (Fabrikant, Robert) (Entered: 04/03/2014)
47Apr 14, 2014RequestNOTICE of Change of Address by H. Vincent McKnight, Jr (Attachments: # 1 Certificate of Service)(McKnight, H.) (Entered: 04/14/2014)
48Apr 17, 2014RequestMEET AND CONFER STATEMENT. (Valdez, Darrell) (Entered: 04/17/2014)
Apr 17, 2014MINUTE ORDER (paperless) ISSUING the following SCHEDULING ORDER to control the timing of proceedings in this matter, pursuant to the parties' 48 Joint Meet and Confer Report: The parties shall, by May 19, 2014, file their initial disclosures in accordance with Federal Rule of Civil Procedure 26(a). The defendant shall, by June 16, 2014, complete the production of documents responsive to the United States' subpoenas in accordance with this Court's Memorandum Opinion and Order on March 19, 2014, in related case no. 13-mc-0373. Any amendments to the pleadings or joinder of parties shall be completed by July 16, 2014. Expert witness reports, if any, shall be served on the opposing party by November 20, 2014, and any counter-designation of expert witnesses and accompanying reports shall be served on the opposing party by December 20, 2014. Discovery shall close by January 19, 2015, on which date the parties shall file a joint status report advising the Court whether (a) the parties request referral for mediation or settlement, (b) the parties request a date for a pretrial conference, or (c) dispositive motions are anticipated. Dispositive motions, if any, shall be filed by March 5, 2015. Any oppositions shall be filed by March 19, 2015. Any replies shall be filed by March 26, 2015. Insofar as the 48 Joint Meet and Confer Report indicates disagreement about the scope of discovery, the need for a protective order, or the specific format for the production of electronic data, the Court will address such issues when properly raised in appropriate motions. Signed by Judge Beryl A. Howell on April 17, 2014. (lcbah2) (Entered: 04/17/2014)
49Apr 17, 2014RequestORDER REFERRING CASE to Early Neutral Case Evaluation. See Order for further details. Signed by Judge Beryl A. Howell on April 17, 2014. (lcbah2) (Entered: 04/17/2014)
Apr 18, 2014Set/Reset Deadlines: Initial Disclosures due by 5/19/2014. Production of Documents due by 6/16/2014. Amended Pleadings/Joinder of parties due by 7/16/2014. Expert Witness Reports due by 11/20/2014; Counter-Designation, if any, due by 12/20/2014. Discovery due by 1/19/2015. Joint Status Report due by 1/19/2015. Dispositive Motions due by 3/5/2015; Oppositions to Dispositive Motions due by 3/19/2015; Replies due by 3/26/2015. (tg, ) (Entered: 04/18/2014)
50May 19, 2014RequestRULE 26a1 STATEMENT. (Attachments: # 1 Certificate of Service)(McKnight, H.) (Entered: 05/19/2014)
51Jun 19, 2014RequestConsent MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Adam J. Hodkin, :Firm- Padula Hodkin PLLC, :Address- 101 Plaza Real South, Suite 207, Boca Raton, Florida 33432. Phone No. - 561.544.8900. Fax No. - 561.544.8999 Filing fee $ 100, receipt number 0090-3753410. Fee Status: Fee Paid. by CAPITOL SUPPLY, INC. (Attachments: # 1 Affidavit of Adam Hodkin, # 2 Text of Proposed Order)(Bhargava, Michael) (Entered: 06/19/2014)
52Jun 19, 2014RequestConsent MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Nathan Pate, :Firm- Padula Hodkin PLLC, :Address- 101 Plaza Real South, Suite 207, Boca Raton, Florida 33432. Phone No. - 561.544.8900. Fax No. - 561.544.8999 Filing fee $ 100, receipt number 0090-3753420. Fee Status: Fee Paid. by CAPITOL SUPPLY, INC. (Attachments: # 1 Affidavit of Nathan Pate, # 2 Text of Proposed Order)(Bhargava, Michael) (Entered: 06/19/2014)
Jun 19, 2014MINUTE ORDER (paperless) GRANTING the defendant's 51 Motion for Admission of Attorney Pro Hac Vice and 52 Motion for Admission of Attorney Pro Hac Vice. Mr. Adam J. Hodkin, Esq. and Mr. Nathan Pate, Esq. may enter appearances pro hac vice for the purpose of representing the defendant in this action. Signed by Judge Beryl A. Howell on June 19, 2014. (lcbah2) (Entered: 06/19/2014)
53Jun 25, 2014RequestNOTICE of Appearance by Adam J. Hodkin on behalf of CAPITOL SUPPLY, INC. (Hodkin, Adam) (Entered: 06/25/2014)
54Jul 15, 2014RequestMOTION for Leave to File Amended Answer by CAPITOL SUPPLY, INC. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Bhargava, Michael) (Entered: 07/15/2014)
55Jul 16, 2014RequestMOTION for Protective Order Regarding Corporate Representative Deposition by CAPITOL SUPPLY, INC. (Hodkin, Adam) (Entered: 07/16/2014)
Jul 17, 2014MINUTE ORDER (paperless) DIRECTING the plaintiff to submit, by July 25, 2014 at noon, any opposition to the defendant's 55 Motion for Protective Order. The defendant shall, by July 30, 2014 at noon, file any reply. Signed by Judge Beryl A. Howell on July 17, 2014. (lcbah1) (Entered: 07/17/2014)
Jul 18, 2014Set/Reset Deadlines: Opposition to 55 Motion for Protective Order due at noon on 7/25/2014; Reply due at noon on 7/30/2014. (tg, ) (Entered: 07/18/2014)
56Jul 18, 2014RequestMOTION for Order Entry of a Confidentiality Order and Modification of Minute Order of April 17, 2014 by CAPITOL SUPPLY, INC. (Attachments: # 1 Exhibit Transcript excerpt, # 2 Exhibit Transcript excerpt, # 3 Exhibit DOD Rule ? 1.14, # 4 Exhibit Private Key Protection, # 5 Exhibit Certificate Practice Statement, # 6 Exhibit E-mail, # 7 Exhibit Proposed Confidentiality Order, # 8 Text of Proposed Order)(Hodkin, Adam) (Entered: 07/18/2014)
Jul 18, 2014MINUTE ORDER (paperless) DIRECTING the plaintiff to submit, by July 25, 2014 at noon, any opposition to the defendant's 56 Motion for Entry of a Confidentiality Order. The defendant shall, by July 30, 2014 at noon, file any reply. Signed by Judge Beryl A. Howell on July 18, 2014. (lcbah1) (Entered: 07/18/2014)
Jul 18, 2014Set/Reset Deadlines: Opposition to 56 Motion for Entry of a Confidentiality Order due by noon on 7/25/2014; Reply due by noon on 7/30/2014. (tg, ) (Entered: 07/18/2014)
57Jul 24, 2014RequestAmended MOTION for Protective Order Regarding Corporate Representative Deposition by CAPITOL SUPPLY, INC. (Attachments: # 1 Text of Proposed Order)(Hodkin, Adam) (Entered: 07/24/2014)
58Jul 24, 2014RequestMemorandum in opposition to re 56 MOTION for Order Entry of a Confidentiality Order and Modification of Minute Order of April 17, 2014 filed by LOUIS SCUTELLARO. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(McKnight, H.) (Entered: 07/24/2014)
59Jul 24, 2014RequestMemorandum in opposition to re 55 MOTION for Protective Order Regarding Corporate Representative Deposition filed by LOUIS SCUTELLARO. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(McKnight, H.) (Entered: 07/24/2014)
60Jul 24, 2014RequestMemorandum in opposition to re 56 MOTION for Order Entry of a Confidentiality Order and Modification of Minute Order of April 17, 2014 filed by UNITED STATES OF AMERICA. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Valdez, Darrell) (Entered: 07/24/2014)
61Jul 24, 2014RequestMemorandum in opposition to re 57 Amended MOTION for Protective Order Regarding Corporate Representative Deposition, 55 MOTION for Protective Order Regarding Corporate Representative Deposition filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Text of Proposed Order)(Valdez, Darrell) (Entered: 07/24/2014)
Jul 29, 2014Set/Reset Hearings: Telephone Conference scheduled for 8/6/2014 at 11:30 AM before Judge Beryl A. Howell. (tg, ) (Entered: 07/29/2014)
Jul 29, 2014Set/Reset Hearings: Telephone Conference RESCHEDULED for 8/6/2014 at 2:00 PM before Judge Beryl A. Howell. (tg, ) Modified on 7/29/2014 (tg, ). (Entered: 07/29/2014)
62Jul 30, 2014RequestREPLY to opposition to motion re 56 MOTION for Order Entry of a Confidentiality Order and Modification of Minute Order of April 17, 2014 filed by CAPITOL SUPPLY, INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3(SEALED) Exhibit 3)(Hodkin, Adam) Modified exhibit 3 on 7/30/2014 (ztd, ). (Entered: 07/30/2014)
63Jul 30, 2014RequestREPLY to opposition to motion re 57 Amended MOTION for Protective Order Regarding Corporate Representative Deposition filed by CAPITOL SUPPLY, INC.. (Attachments: # 1 Exhibit 1)(Hodkin, Adam) (Entered: 07/30/2014)
64Jul 30, 2014RequestREPLY to opposition to motion re 56 MOTION for Order Entry of a Confidentiality Order and Modification of Minute Order of April 17, 2014 filed by CAPITOL SUPPLY, INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Hodkin, Adam) (Entered: 07/30/2014)
65Jul 30, 2014RequestREPLY to opposition to motion re 57 Amended MOTION for Protective Order Regarding Corporate Representative Deposition filed by CAPITOL SUPPLY, INC.. (Attachments: # 1 Exhibit 1)(Hodkin, Adam) (Entered: 07/30/2014)
Aug 6, 2014MINUTE ORDER (paperless) GRANTING the defendant's 54 Motion for Leave to File Amended Answer as CONCEDED; DENYING the defendant's 55 Motion for Protective Order as moot; DENYING the defendant's 56 Motion for Order; DENYING the defendant's 57 Amended Motion for Protective Order; and DIRECTING that the defendant's designated witness under Federal Rule of Civil Procedure 30(b)(6), Stuart Fox, may be deposed in Washington, D.C., for the reasons stated on the record at the hearing held August 6, 2014. Signed by Judge Beryl A. Howell on August 6, 2014. (lcbah1) (Entered: 08/06/2014)
Aug 6, 2014Minute Entry for proceedings held before Judge Beryl A. Howell: Telephone Conference held on 8/6/2014. (Court Reporter Barbara DeVico.) (ztg, ) (Entered: 08/08/2014)
66Aug 15, 2014RequestTRANSCRIPT OF PROCEEDINGS before Judge Beryl A. Howell held on 8-6-14; Page Numbers: 1-71. Date of Issuance:8-15-14. Court Reporter/Transcriber Barbara DeVico, Telephone number 202-354-3118, Court Reporter Email Address : Barbara_DeVico@dcd.uscourts.gov.For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov. Redaction Request due 9/5/2014. Redacted Transcript Deadline set for 9/15/2014. Release of Transcript Restriction set for 11/13/2014.(DeVico, Barbara) (Entered: 08/15/2014)
67Aug 28, 2014RequestTRANSCRIPT OF MOTION HEARING before Judge Beryl A. Howell held on March 18, 2014; Page Numbers: 1-74. Date of Issuance: August 28, 2014. Court Reporter: Chantal M. Geneus, Telephone number (202) 354-3244, Court Reporter Email Address : chantal_geneus@dcd.uscourts.gov.For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov. Redaction Request due 9/18/2014. Redacted Transcript Deadline set for 9/28/2014. Release of Transcript Restriction set for 11/26/2014.(Geneus, Chantal) (Entered: 08/28/2014)
68Sep 18, 2014ViewMOTION for Partial Summary Judgment by UNITED STATES OF AMERICA (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Valdez, Darrell) (Entered: 09/18/2014)
Sep 19, 2014MINUTE ORDER (paperless) DENYING the plaintiff's 68 Motion for Partial Summary Judgment, without prejudice, as premature and not in compliance with this Court's 23 Standing Order paragraph 5(f), which emphasizes that the Court "strongly prefers that the parties refrain from filing partial dispositive motions." Considering that discovery in this matter will not close until January 19, 2015, see Minute Order, April 17, 2014, the instant 68 Motion addressing two of the defendants' potential affirmative defenses is premature and briefing and deciding it at this juncture, without the benefit of complete discovery, would constitute an unnecessary waste of judicial resources and the parties' time. Signed by Judge Beryl A. Howell on September 19, 2014. (lcbah1) (Entered: 09/19/2014)
69Oct 31, 2014RequestJoint MOTION for Extension of Time to Complete Discovery by LOUIS SCUTELLARO (Attachments: # 1 Exhibit Exhibit 1, # 2 Text of Proposed Order)(McKnight, H.) (Entered: 10/31/2014)
Nov 3, 2014MINUTE ORDER (paperless) GRANTING the parties' 69 Consent Motion for an Extension of Discovery Deadlines. Expert witness reports, if any, shall be served on the opposing party by February 18, 2015, and any counter-designation of expert witnesses and accompanying reports shall be served on the opposing party by March 20, 2015. Discovery shall close by April 20, 2015, on which date the parties shall file a joint status report advising the Court whether (a) the parties request referral for mediation or settlement, (b) the parties request a date for a pretrial conference, or (c) dispositive motions are anticipated. Dispositive motions, if any, shall be filed by June 3, 2015. Any oppositions shall be filed by June 17, 2015. Any replies shall be filed by June 24, 2015. Signed by Judge Beryl A. Howell on November 3, 2014. (lcbah2) (Entered: 11/03/2014)
Nov 3, 2014Set/Reset Deadlines: Expert Witness Report due by 2/18/2015; Counter-designation of Expert Witness due by 3/20/2015. Discovery due by 4/20/2015. Joint Status Report due by 4/20/2015. Dispositive Motions due by 6/3/2015; Oppositions to Dispositive Motions due by 6/17/2015; Replies due by 6/24/2015. (tg, ) (Entered: 11/03/2014)
70Dec 1, 2014RequestRULE 26a1 STATEMENT. (Hodkin, Adam) (Entered: 12/01/2014)
71Jan 21, 2015RequestJoint MOTION for Extension of Time to Complete Discovery by LOUIS SCUTELLARO (McKnight, H.) (Entered: 01/21/2015)
Jan 22, 2015MINUTE ORDER (paperless) GRANTING the parties' 69 Consent Motion for an Extension of Discovery Deadlines. Expert witness reports, if any, shall be served on the opposing party by May 19, 2015, and any counter-designation of expert witnesses and accompanying reports shall be served on the opposing party by June 18, 2015. Discovery shall close on July 17, 2015, on which date the parties shall file a joint status report advising the Court whether (a) the parties request referral for mediation or settlement, (b) the parties request a date for a pretrial conference, or (c) dispositive motions are anticipated. Dispositive motions, if any, shall be filed by September 1, 2015. Any oppositions shall be filed by September 15, 2015. Any replies shall be filed by September 22, 2015. Signed by Judge Beryl A. Howell on January 22, 2015. (lcbah2) (Entered: 01/22/2015)
Jan 22, 2015Set/Reset Deadlines: Discovery due by 7/17/2015. Expert Witnesses Report due by 5/19/2015; Counter-designation of Expert Witnesses due by 6/18/2015. Joint Status Report due by 7/17/2015. Dispositive Motions due by 9/1/2015; Oppositions to Dispositive Motions due by 9/15/2015. Reply due by 9/22/2015. (tg, ) (Entered: 01/22/2015)
Feb 13, 2015MINUTE ORDER (paperless) DIRECTING the parties to provide by February 17, 2015 at 5:00 P.M., via email to Howell_Chambers@dcd.uscourts.gov, a clear, concise description of the issues in dispute. Signed by Judge Beryl A. Howell on February 13, 2015. (lcbah2) (Entered: 02/13/2015)
Feb 13, 2015Set/Reset Deadlines: Response to Minute Order entered on 2/13/2015 due by 5:00 PM on 2/17/2015. (tg, ) (Entered: 02/13/2015)
Feb 18, 2015MINUTE ORDER (paperless) SCHEDULING a hearing to consider the parties' discovery dispute, which has been communicated to the Court in compliance with paragraph 7 of the 23 Standing Order. The parties shall be prepared to appear telephonically for a hearing on their discovery dispute on February 23, 2015, at 2:30 PM and are further DIRECTED to contact the Courtroom Deputy Clerk for logistical information. Signed by Judge Beryl A. Howell on February 18, 2015. (lcbah2) (Entered: 02/18/2015)
Feb 19, 2015Set/Reset Hearings: Telephone Conference scheduled for 2/23/2015 at 2:30 PM in Courtroom 15 before Judge Beryl A. Howell. (tg, ) (Entered: 02/19/2015)
Feb 23, 2015Minute Entry for proceedings held before Judge Beryl A. Howell: Status Conference held on 2/23/2015. (Court Reporter Chantal Geneus.) (tg, ) (Entered: 02/23/2015)
Feb 24, 2015MINUTE ORDER (paperless) DENYING without prejudice the plaintiff Louis Scutellaro's informal request, communicated via email in accordance with the 23 Standing Order, para. 7, for an adverse inference relating to discovery deficiencies by the defendant for consideration closer to trial. Further, due to the insufficiencies in the discovery certifications produced by the defendant, the defendant is ORDERED to file supplemental certifications by February 27, 2015 detailing specifically which documents requested by the United States in its administrative subpoenas cannot be produced because the documents are not in the possession or custody of the defendant. The defendant's request for "the United States [to] provide to it the serial numbers on the shredders at issue in this action, or to provide a picture of the manufacturer's tag from those shredders" is DENIED. Finally, pursuant to the Court's 23 Standing Order, para. 7, the defendant is permitted to file a motion to compel production from the United States of "information on the practices and procedures utilized by the USA in determining whether or not to intervene in a qui tam action brought under the Trade Agreements Act." Signed by Judge Beryl A. Howell on February 24, 2015. (lcbah2) (Entered: 02/24/2015)
Feb 24, 2015Set/Reset Deadlines: Defendant's supplemental certifications due by 2/27/2015. (tg, ) (Entered: 02/24/2015)
72Feb 27, 2015RequestNOTICE of Filing Supplemental Certification by CAPITOL SUPPLY, INC. (Attachments: # 1 Exhibit Supplemental Certification)(Pate, Nathan) (Entered: 02/27/2015)
73Mar 16, 2015RequestTRANSCRIPT OF HEARING ON DISCOVERY DISPUTE before Judge Beryl A. Howell held on February 23, 2015; Page Numbers: 1-42. Date of Issuance: March 16, 2015. Court Reporter: Chantal M. Geneus, Telephone number (202) 354-3244, Court Reporter Email Address: chantal_geneus@dcd.uscourts.gov.For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 4/6/2015. Redacted Transcript Deadline set for 4/16/2015. Release of Transcript Restriction set for 6/14/2015.(Geneus, Chantal) (Entered: 03/16/2015)
74Mar 25, 2015RequestMOTION to Compel Responsive Documents from Plaintiff United States of America and Incorporated Memorandum of Law by CAPITOL SUPPLY, INC. (Hodkin, Adam) (Entered: 03/25/2015)
75Apr 7, 2015RequestMemorandum in opposition to re 74 MOTION to Compel Responsive Documents from Plaintiff United States of America and Incorporated Memorandum of Law filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Valdez, Darrell) (Entered: 04/07/2015)
76Apr 14, 2015RequestRESPONSE re 74 MOTION to Compel Responsive Documents from Plaintiff United States of America and Incorporated Memorandum of Law Defendant Capitol Supply, Inc., Reply in Support of its Motion to Compel [D.E. 74] Plaintiff United States of America filed by CAPITOL SUPPLY, INC.. (Hodkin, Adam) (Entered: 04/14/2015)
77Apr 14, 2015RequestNOTICE of Filing Second Supplemental Certification by CAPITOL SUPPLY, INC. (Hodkin, Adam) (Entered: 04/14/2015)
78Apr 23, 2015RequestWIHDRAWN during proceedings on 5/28/2015 .....Amended MOTION to Compel United States of America and Incorporated Memorandum of Law by CAPITOL SUPPLY, INC. (Hodkin, Adam) Modified on 5/28/2015 (tg). (Entered: 04/23/2015)
79Apr 28, 2015RequestConsent MOTION for Extension of Time to Complete Discovery by LOUIS SCUTELLARO (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(McKnight, H.) (Entered: 04/28/2015)
Apr 28, 2015MINUTE ORDER (paperless) GRANTING the 79 Consent Motion to Extend Time for Expert Submissions. Accordingly, expert witness reports, if any, shall be served on the opposing party by June 1, 2015, and any counter-designation of expert witnesses and accompanying reports shall be served on the opposing party by July 1, 2015. Discovery shall close on August 1, 2015, on which date the parties shall file a joint status report advising the Court whether (a) the parties request referral for mediation or settlement, (b) the parties request a date for a pretrial conference, or (c) dispositive motions are anticipated. Dispositive motions, if any, shall be filed by September 4, 2015. Any oppositions shall be filed by September 18, 2015. Any replies shall be filed by September 25, 2015. Signed by Judge Beryl A. Howell on April 28, 2015. (lcbah2) (Entered: 04/28/2015)
Apr 29, 2015Set/Reset Deadlines: Expert Witness Report due by 6/1/2015; Counter-designation due by 7/1/2015; Discovery due by 8/1/2015; Status Report due by 8/1/2015; Dispositive Motions due by 9/4/2015; Oppositions to Dispositive Motions due by 9/18/2015; Replies to Oppositions to Dispositive Motions due by 9/25/2015. (tg, ) (Entered: 04/29/2015)
May 26, 2015MINUTE ORDER (paperless) ORDERING the parties to appear, on May 28, 2015, at 10:00 AM in Courtroom 15, for a motions hearing regarding the defendant's 74 Motion to Compel Responsive Documents from Plaintiff United States of America and to consider the parties' discovery dispute, which has been communicated to the Court in compliance with paragraph 7 of the 23 Standing Order. Signed by Judge Beryl A. Howell on May 26, 2015. (lcbah2) (Entered: 05/26/2015)
May 26, 2015Set/Reset Hearings: Motion Hearing scheduled for 5/28/2015 at 10:00 AM in Courtroom 15 before Judge Beryl A. Howell. (tg, ) (Entered: 05/26/2015)
80May 26, 2015RequestMOTION for Leave to Appear by Telephone by CAPITOL SUPPLY, INC. (Attachments: # 1 Text of Proposed Order Order)(Hodkin, Adam) (Entered: 05/26/2015)
May 26, 2015MINUTE ORDER (paperless) GRANTING the defendant's 80 Unopposed Motion to Appear by Telephone. Signed by Judge Beryl A. Howell on May 26, 2015. (lcbah2) (Entered: 05/26/2015)
May 28, 2015Minute Entry for proceedings held before Judge Beryl A. Howell: Motion Hearing held on 5/28/2015 re 74 MOTION to Compel Responsive Documents from Plaintiff United States of America and Incorporated Memorandum of Law filed by CAPITOL SUPPLY, INC., and 78 Amended MOTION to Compel United States of America and Incorporated Memorandum of Law filed by CAPITOL SUPPLY, INC., (withdrawn during proceedings), (Order forthcoming). (Court Reporter Lisa Moreira). (tg) (Entered: 05/28/2015)
May 28, 2015MINUTE ORDER (paperless) DENYING as moot the defendant's 74 Motion to Compel Responsive Documents from Plaintiff United States of America for the reasons stated on the record at the hearing on May 28, 2015. Further, plaintiff Scutellaro is granted leave to take an additional deposition pursuant to Federal Rule of Civil Procedure 30(b)(6) of the defendant. Signed by Judge Beryl A. Howell on May 28, 2015. (lcbah2) (Entered: 05/28/2015)
81Jun 1, 2015RequestJoint MOTION for Extension of Time to Complete Discovery by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Valdez, Darrell) (Entered: 06/01/2015)
Jun 1, 2015MINUTE ORDER (paperless) GRANTING the parties' 81 Consent Motion for an Extension of Discovery Deadlines. Accordingly, expert witness reports, if any, shall be served on the opposing party by July 31, 2015, and any counter-designation of expert witnesses and accompanying reports shall be served on the opposing party by September 3, 2015. Discovery shall close on October 30, 2015, on which date the parties shall file a joint status report advising the Court whether (a) the parties request referral for mediation or settlement, (b) the parties request a date for a pretrial conference, or (c) dispositive motions are anticipated. Dispositive motions, if any, shall be filed by November 6, 2015. Any oppositions shall be filed by November 20, 2015. Any replies shall be filed by November 30, 2015. Signed by Judge Beryl A. Howell on June 1, 2015. (lcbah2) (Entered: 06/01/2015)
Jun 2, 2015Set/Reset Deadlines: Expert Witness Reports due by 7/31/2015; Counter Designation of Expert Witnesses and Accompanying Reports due by 9/3/2015; Discovery due by 10/30/2015; Joint Status Report due by 10/30/2015; Dispositive Motions due by 11/6/2015; Oppositions to Dispositive Motions due by 11/20/2015; Replies to Dispositive Motions due by 11/30/2015. (tg) (Entered: 06/02/2015)
82Jun 5, 2015RequestTRANSCRIPT OF MOTION HEARING before Judge Beryl A. Howell held on May 28, 2015; Page Numbers: 1-44. Date of Issuance:June 5, 2015. Court Reporter/Transcriber Lisa A. Moreira, RDR, CRR, Telephone number 202-354-3187, Court Reporter Email Address : Lisa_Moreira@dcd.uscourts.gov.For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 6/26/2015. Redacted Transcript Deadline set for 7/6/2015. Release of Transcript Restriction set for 9/3/2015.(Moreira, Lisa) (Entered: 06/05/2015)
Jul 22, 2015MINUTE ORDER (paperless) SCHEDULING a hearing to consider the parties' discovery dispute, which has been communicated to the Court in compliance with paragraph 7 of the 23 Standing Order. The parties shall be prepared to appear telephonically for a hearing on their discovery dispute on July 29, 2015, at 2:15 PM and are further DIRECTED to contact the Courtroom Deputy Clerk for logistical information. The parties shall file any materials they wish the Court to consider by 4:00 PM on July 24, 2015. Signed by Judge Beryl A. Howell on July 22, 2015. (lcbah2) (Entered: 07/22/2015)
Jul 22, 2015Set/Reset Hearings: Telephone Conference scheduled for 7/29/2015 at 2:15 PM before Judge Beryl A. Howell. (tg) (Entered: 07/22/2015)
83Jul 24, 2015RequestSTATUS REPORT Letter in preparation for call with the Court by LOUIS SCUTELLARO. (McKnight, H.) (Entered: 07/24/2015)
Jul 29, 2015Minute Entry for proceedings held before Judge Beryl A. Howell: Telephone Conference held on 7/29/2015. (Court Reporter Elizabeth Saint-Loth.) (tg) (Entered: 07/29/2015)
84Jul 31, 2015ViewJoint MOTION to Stay Discovery and Refer the Matter for Mediation by LOUIS SCUTELLARO (Attachments: # 1 Text of Proposed Order)(McKnight, H.) (Entered: 07/31/2015)
Aug 3, 2015MINUTE ORDER (paperless) GRANTING the parties' 84 Joint Motion to Stay Discovery and Refer the Matter for Mediation. Accordingly, discovery in this matter is hereby STAYED in accordance with the agreements provided in the parties' 84 Joint Motion to Stay Discovery and Refer this Matter for Mediation, and this matter is hereby REFERRED to Magistrate Judge G. Michael Harvey to facilitate settlement discussions, at the request of the parties, until November 2, 2015, on which date the parties shall file a joint status report advising the Court whether the referred to mediation should be extended or proposing a schedule for further proceedings in this matter. Signed by Judge Beryl A. Howell on August 3, 2015. (lcbah2) (Entered: 08/03/2015)
Aug 3, 2015Set/Reset Deadlines: Mediation to conclude by 11/2/2015; Joint Status Report due by 11/2/2015. (tg) (Entered: 08/04/2015)
Aug 3, 2015CASE DIRECTLY REFERRED to Magistrate Judge G. Michael Harvey to facilitate settlement discussions. (sth) (Entered: 08/04/2015)
85Aug 6, 2015RequestTRANSCRIPT OF TELECONFERENCE before Judge Beryl A. Howell held on July 29, 2015; Page Numbers: 1 through 27. Date of Issuance:August 4, 2015. Court Reporter/Transcriber Elizabeth SaintLoth, Telephone number 202-354-3242, Court Reporter Email Address : elizabeth_saint-loth@dcd.uscourts.gov.<P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 8/27/2015. Redacted Transcript Deadline set for 9/6/2015. Release of Transcript Restriction set for 11/4/2015.(Saint-Loth, Elizabeth) (Entered: 08/06/2015)
Aug 17, 2015Set/Reset Hearings: Settlement Conference set for 9/22/2014 at 10:00 AM in Chambers before Magistrate Judge G. Michael Harvey. (lcgmh2) (Entered: 08/17/2015)
Sep 21, 2015MINUTE ORDER: It is, hereby, ORDERED that the settlement conference previously set for 9/22/2015 at 10:00 a.m. is VACATED. The settlement conference will be rescheduled upon the parties' agreement as to a future date for the conference. Signed by Magistrate Judge G. Michael Harvey on 9/21/2015. (lcgmh2) (Entered: 09/21/2015)
Sep 21, 2015Set/Reset Hearings: Settlement Conference set for 10/29/2015 at 10:00 a.m. in chambers before Magistrate Judge G. Michael Harvey. (lcgmh2) (Entered: 09/21/2015)
Nov 2, 2015Minute Entry for proceedings held before Magistrate Judge G. Michael Harvey: Settlement Conference held on 10/29/2015. (lcgmh2) (Entered: 11/02/2015)
86Nov 2, 2015RequestJoint STATUS REPORT by LOUIS SCUTELLARO. (Attachments: # 1 Certificate of Service)(McKnight, H.) (Entered: 11/02/2015)
Nov 2, 2015MINUTE ORDER (paperless) LIFTING the stay of this matter, upon consideration of the 86 Joint Status Report of the Parties, and ISSUING the following SCHEDULING ORDER to control the timing of further proceedings: The expert reports of the plaintiff/relator and the United States are due by November 23, 2015. The defendant's expert reports are due by December 21, 2015. All discovery shall close on January 29, 2016. Any dispositive motions shall be filed by February 26, 2016. Any oppositions to dispositive motions shall be filed by March 11, 2016. Any replies shall be filed by March 21, 2016. Given the long pendency of this proceeding, no further extensions will be granted absent compelling justification. Signed by Judge Beryl A. Howell on November 2, 2015. (lcbah2) (Entered: 11/02/2015)
Nov 2, 2015Set/Reset Deadlines: Plaintiff/Relator's Rule Expert Reports due by 11/23/2015; Defendant's Expert Reports due by 12/21/2015; Discovery due by 1/29/2016; Dispositive Motions due by 2/26/2016; Oppositions to Dispositive Motions due by 3/11/2016; Replies due by 3/21/2016. (tg) (Entered: 11/02/2015)
87Nov 25, 2015RequestNOTICE of Intent to Serve Non-Party Subpoena by CAPITOL SUPPLY, INC. (Hodkin, Adam) (Entered: 11/25/2015)
88Feb 4, 2016RequestNOTICE of Appearance by John R. Thomas, Jr on behalf of LOUIS SCUTELLARO (Thomas, John) (Entered: 02/04/2016)
89Feb 8, 2016RequestConsent MOTION for Extension of Time to of Discovery and Dispositive Motions Deadlines by CAPITOL SUPPLY, INC. (Attachments: # 1 Text of Proposed Order Proposed Order)(Hodkin, Adam) (Entered: 02/08/2016)
Feb 8, 2016MINUTE ORDER (paperless) GRANTING the parties' 89 Consent Motion for an Extension of Discovery and Dispositive Motion Deadlines, and ISSUING the following SCHEDULING ORDER to control the timing of further proceedings: All discovery shall close on February 25, 2016. Any dispositive motions shall be filed by March 25, 2016. Any oppositions to dispositive motions shall be filed by April 7, 2016. Any replies shall be filed by April 18, 2016. Given the long pendency of this proceeding, no further extensions will be granted absent compelling justification. Signed by Judge Beryl A. Howell on February 8, 2016. (lcbah2) (Entered: 02/08/2016)
Feb 9, 2016Set/Reset Deadlines: Discovery due by 2/25/2016; Dispositive Motions due by 3/25/2016; Opposition to Dispositive Motions due by 4/7/2016; Replies due by 4/18/2016. (tg) (Entered: 02/09/2016)
90Mar 2, 2016RequestMOTION for Clarification by LOUIS SCUTELLARO "Leave to file GRANTED Construed as motion for Clarification" by Judge Beryl A. Howell (zrdj) (Entered: 03/03/2016)
Mar 3, 2016MINUTE ORDER (paperless) GRANTING the plaintiff's 90 Motion for Clarification, which sought clarification regarding: (1) whether the parties may file certain voluminous exhibits to their expected dispositive motions in a digital format, as opposed to in hardcopy, as required under the Court's 23 Standing Order in this case, and (2) whether any adverse inference motions must be filed in accordance with the schedule for dispositive motions set out in the Court's February 8, 2016 Minute Order; and DIRECTING the parties as follows: (1) Exhibits to any future motions exceeding 20 pages may, at the parties' discretion, be filed in digital format, including on compact disc; and (2) All motions necessary to resolve any dispositive motions shall be filed in accordance with the Court's February 8, 2016 Minute Order setting out a schedule to govern proceedings in this matter. Signed by Judge Beryl A. Howell on March 3, 2016. (lcbah2) (Entered: 03/03/2016)
91Mar 25, 2016RequestENTERED IN ERROR. . . . . MOTION for Partial Summary Judgment , Statement of Material Facts not in Dispute, and Incorporated Memorandum of Law by CAPITOL SUPPLY, INC. (Attachments: # 1 Exhibit Composite Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit Composite Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit Composite Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Text of Proposed Order Proposed Order)(Hodkin, Adam) Modified on 3/28/2016 (td). (Entered: 03/25/2016)
92Mar 25, 2016RequestMOTION for Summary Judgment , Statement of Material Facts not in Dispute, and Incorporated Memorandum of Law by CAPITOL SUPPLY, INC. (Attachments: # 1 Exhibit Composite Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit Composite Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit Composite Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Text of Proposed Order)(Hodkin, Adam) (Entered: 03/25/2016)
93Mar 25, 2016RequestMOTION for Order of Adverse Inference by LOUIS SCUTELLARO (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Index of Exhibits, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Declaration of H. Vincent McKnight, # 12 Declaration of Dwight Steward)(McKnight, H.) (Entered: 03/25/2016)
94Mar 25, 2016ViewMOTION for Summary Judgment by UNITED STATES OF AMERICA (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Exhibit 1A, # 4 Exhibit 1B, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4A - 4S, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 24 Text of Proposed Order)(Valdez, Darrell) (Entered: 03/25/2016)
95Mar 25, 2016RequestMOTION Adverse Inference re 94 MOTION for Summary Judgment by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Valdez, Darrell) (Entered: 03/25/2016)
96Mar 25, 2016ViewMOTION for Summary Judgment by LOUIS SCUTELLARO (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Statement of Facts, # 4 Table of Index, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit, # 35 Exhibit, # 36 Exhibit, # 37 Exhibit, # 38 Exhibit, # 39 Exhibit, # 40 Exhibit, # 41 Exhibit, # 42 Exhibit, # 43 Exhibit, # 44 Exhibit, # 45 Exhibit, # 46 Exhibit, # 47 Exhibit, # 48 Exhibit, # 49 Exhibit, # 50 Exhibit, # 51 Exhibit, # 52 Declaration and Attachments)(McKnight, H.) (Entered: 03/25/2016)
Mar 28, 2016NOTICE OF CORRECTED DOCKET ENTRY: re 91 MOTION for Partial Summary Judgment , Statement of Material Facts not in Dispute, and Incorporated Memorandum of Law was entered in error and counsel refiled said document as docket entry no. 92 .) (td) (Entered: 03/28/2016)
97Mar 28, 2016RequestNOTICE of Filing Deposition Transcript of Aetius Rossa by CAPITOL SUPPLY, INC. (Hodkin, Adam) (Entered: 03/28/2016)
98Mar 28, 2016RequestNOTICE of Filing Deposition Transcript of Louis Scutellaro by CAPITOL SUPPLY, INC. (Hodkin, Adam) (Entered: 03/28/2016)
99Mar 29, 2016ViewMOTION for Extension of Time to File Response/Reply as to 96 MOTION for Summary Judgment , 93 MOTION for Order of Adverse Inference, 94 MOTION for Summary Judgment , 95 MOTION Adverse Inference re 94 MOTION for Summary Judgment by CAPITOL SUPPLY, INC. (Attachments: # 1 Text of Proposed Order)(Hodkin, Adam) (Entered: 03/29/2016)
Mar 29, 2016MINUTE ORDER (paperless) GRANTING the defendant's 99 Motion for Enlargement of Time to Respond to Dispositive Motions, and ISSUING the following SCHEDULING ORDER to control the timing of further proceedings: Any oppositions to dispositive motions shall be filed by April 21, 2016. Any replies shall be filed by May 2, 2016. Signed by Chief Judge Beryl A. Howell on March 29, 2016. (lcbah2) (Entered: 03/29/2016)
Mar 29, 2016Set/Reset Deadlines: Any Oppositions to Dispositive Motions due by 4/21/2016; Replies due by 5/2/2016. (tg) (Entered: 03/29/2016)
100Apr 18, 2016RequestNOTICE OF FILING DEPOSITION TRANSCRIPT NILESH PATEL by CAPITOL SUPPLY, INC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Hodkin, Adam) (Entered: 04/18/2016)
101Apr 18, 2016RequestNOTICE OF FILING DEPOSITION TRANSCRIPT OF MICHELLE WILLIAMS by CAPITOL SUPPLY, INC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit Composite Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Hodkin, Adam) (Entered: 04/18/2016)
102Apr 18, 2016RequestNOTICE OF FILING DEPOSITION TRANSCRIPT OF TOM BRADY by CAPITOL SUPPLY, INC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Hodkin, Adam) (Entered: 04/18/2016)
103Apr 19, 2016RequestNOTICE OF FILING DEPOSITION TRANSCRIPT OF WENDY SPRINGER, VOLUME 1 by CAPITOL SUPPLY, INC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Hodkin, Adam) (Entered: 04/19/2016)
104Apr 19, 2016RequestNOTICE OF FILING DEPOSITION TRANSCRIPT OF WENDY SPRINGER, VOLUME 2 by CAPITOL SUPPLY, INC. (Attachments: # 1 Exhibit 8, # 2 Exhibit 9, # 3 Exhibit 10, # 4 Exhibit 11, # 5 Exhibit 12, # 6 Exhibit 13, # 7 Exhibit 14, # 8 Exhibit 15, # 9 Exhibit 16, # 10 Exhibit 17, # 11 Exhibit 18, # 12 Exhibit 19, # 13 Exhibit 20, # 14 Exhibit 21, # 15 Exhibit 22)(Hodkin, Adam) (Entered: 04/19/2016)
105Apr 19, 2016RequestNOTICE OF FILING DEPOSITION TRANSCRIPT OF ROBERT STEINMAN by CAPITOL SUPPLY, INC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 4, # 4 Exhibit 5, # 5 Exhibit 7, # 6 Exhibit 8, # 7 Exhibit 9, # 8 Exhibit 10, # 9 Exhibit 11, # 10 Exhibit 12, # 11 Exhibit 14, # 12 Exhibit 15, # 13 Exhibit 17, # 14 Exhibit 18, # 15 Exhibit 19, # 16 Exhibit 20, # 17 Exhibit 23, # 18 Exhibit 24, # 19 Exhibit 26, # 20 Exhibit 28, # 21 Exhibit 29, # 22 Exhibit 30, # 23 Exhibit 32, # 24 Exhibit 33, # 25 Exhibit 34, # 26 Exhibit 35, # 27 Exhibit 37, # 28 Exhibit 39, # 29 Exhibit 40, # 30 Exhibit 41, # 31 Exhibit 42, # 32 Exhibit 43, # 33 Exhibit 44, # 34 Exhibit 45, # 35 Exhibit 47, # 36 Exhibit 48, # 37 Exhibit 54, # 38 Exhibit 56, # 39 Exhibit 60, # 40 Exhibit 62, # 41 Exhibit 65, # 42 Exhibit 66, # 43 Exhibit 67, # 44 Exhibit 68, # 45 Exhibit 69, # 46 Exhibit 70, # 47 Exhibit 71, # 48 Exhibit 72, # 49 Exhibit 72 A, # 50 Exhibit 74, # 51 Exhibit 75, # 52 Exhibit 76, # 53 Exhibit 77, # 54 Exhibit 78, # 55 Exhibit 79, # 56 Exhibit 80, # 57 Exhibit 81, # 58 Exhibit 82, # 59 Exhibit 83, # 60 Exhibit 85, # 61 Exhibit 86, # 62 Exhibit 87)(Hodkin, Adam) (Entered: 04/19/2016)
106Apr 19, 2016ViewRESPONSE re 92 MOTION for Summary Judgment , Statement of Material Facts not in Dispute, and Incorporated Memorandum of Law Notice of United States Opposition to Dismissal of Relator Amended Complaint on Public Disclosure Bar filed by UNITED STATES OF AMERICA. (Valdez, Darrell) (Entered: 04/19/2016)
107Apr 20, 2016RequestNOTICE OF FILING DEPOSITION TRANSCRIPT OF PRINCE CHOUDHURY by CAPITOL SUPPLY, INC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit Composite Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Hodkin, Adam) (Entered: 04/20/2016)
108Apr 20, 2016RequestNOTICE OF FILING DEPOSITION TRANSCRIPT OF EDWARD T. LEW by CAPITOL SUPPLY, INC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit Composite Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Hodkin, Adam) (Entered: 04/20/2016)
109Apr 20, 2016RequestNOTICE OF FILING DEPOSITION TRANSCRIPT OF DWIGHT STEWARD by CAPITOL SUPPLY, INC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Hodkin, Adam) (Entered: 04/20/2016)
110Apr 20, 2016RequestNOTICE OF FILING DEPOSITION TRANSCRIPT OF RICHARD P. KOZLOW by CAPITOL SUPPLY, INC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Hodkin, Adam) (Entered: 04/20/2016)
111Apr 21, 2016RequestMemorandum in opposition to re 92 MOTION for Summary Judgment , Statement of Material Facts not in Dispute, and Incorporated Memorandum of Law filed by LOUIS SCUTELLARO. (Attachments: # 1 Statement of Facts, # 2 Exhibit Table of Exhibits, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10)(Thomas, John) (Entered: 04/21/2016)
112Apr 21, 2016RequestRESPONSE re 93 MOTION for Order of Adverse Inference, 95 MOTION Adverse Inference re 94 MOTION for Summary Judgment Omnibus Response Opposing Plaintiffs' Motions for Adverse Inference, and Incorporated Memo of Law filed by CAPITOL SUPPLY, INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit Composite Exhibit 4, # 5 Exhibit Composite Exhibit 5)(Hodkin, Adam) (Entered: 04/21/2016)
113Apr 21, 2016ViewRESPONSE re 94 MOTION for Summary Judgment , 96 MOTION for Summary Judgment Omnibus Response Opposing Plaintiffs' Motions for Summary Judgment, and Incorporated Memo of Law filed by CAPITOL SUPPLY, INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit Composite Exhibit 2, # 3 Exhibit Composite Exhibit 3, # 4 Exhibit 4, # 5 Exhibit Composite Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Hodkin, Adam) (Entered: 04/21/2016)
114Apr 21, 2016RequestRESPONSE re 94 MOTION for Summary Judgment , 96 MOTION for Summary Judgment Omnibus Statement of Genuine Issues of Material Facts filed by CAPITOL SUPPLY, INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit Composite Exhibit 4, # 5 Exhibit Composite Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit Composite Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Hodkin, Adam) (Entered: 04/21/2016)
115Apr 21, 2016RequestNOTICE of Proposed Order by CAPITOL SUPPLY, INC. re 112 Response to motion, 113 Response to motion, (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order)(Hodkin, Adam) (Entered: 04/21/2016)
116Apr 21, 2016RequestNOTICE of Filing Affidavit of Robert Steinman by CAPITOL SUPPLY, INC. re 114 Response to motion, 112 Response to motion, 113 Response to motion, (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Hodkin, Adam) (Entered: 04/21/2016)
117Apr 27, 2016RequestConsent MOTION for Extension of Time to File Response/Reply by LOUIS SCUTELLARO (Attachments: # 1 Text of Proposed Order)(McKnight, H.) (Entered: 04/27/2016)
Apr 27, 2016MINUTE ORDER (paperless) GRANTING the plaintiff/relator's 117 Consent Motion to Amend the Dispositive Motions Schedule, and ISSUING the following SCHEDULING ORDER to control the timing of further proceedings: Any replies in support of the defendant's 92 Motion for Summary Judgment, the plaintiff/relator's 93 Motion for Adverse Inference or 96 Motion for Summary Judgment, or the government's 94 Motion for Summary Judgment or 95 Motion for an Adverse Inference shall be filed by May 16, 2016. Signed by Chief Judge Beryl A. Howell on April 27, 2016. (lcbah2) (Entered: 04/27/2016)
Apr 28, 2016Set/Reset Deadlines: Replies in support of Motions 92 , 93 , 94 , or 95 due by 5/16/2016. (tg) (Entered: 04/28/2016)
118May 12, 2016RequestConsent MOTION for Extension of Time to File Response/Reply as to 96 MOTION for Summary Judgment , 93 MOTION for Order of Adverse Inference, 94 MOTION for Summary Judgment , 92 MOTION for Summary Judgment , Statement of Material Facts not in Dispute, and Incorporated Memorandum of Law, 95 MOTION Adverse Inference re 94 MOTION for Summary Judgment by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Valdez, Darrell) (Entered: 05/12/2016)
May 16, 2016MINUTE ORDER (paperless) GRANTING the government's 118 Consent Motion to Amend the Dispositive Motions Schedule, and ISSUING the following SCHEDULING ORDER to control the timing of further proceedings: Any replies in support of the defendant's 92 Motion for Summary Judgment, the plaintiff/relator's 93 Motion for Adverse Inference or 96 Motion for Summary Judgment, or the government's 94 Motion for Summary Judgment or 95 Motion for an Adverse Inference shall be filed by May 23, 2016. Signed by Chief Judge Beryl A. Howell on May 16, 2016. (lcbah2) (Entered: 05/16/2016)
May 16, 2016Set/Reset Deadlines: Replies in support of motions 92 , 93 , 96 , 94 , or 95 are due by 5/23/2016. (tg) (Entered: 05/16/2016)
119May 23, 2016RequestREPLY to opposition to motion re 95 MOTION Adverse Inference re 94 MOTION for Summary Judgment filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit 21, # 2 Exhibit 22)(Valdez, Darrell) (Entered: 05/23/2016)
120May 23, 2016RequestRESPONSE re 114 Response to motion, Response to Defendant's Statement of Genuine Issues filed by UNITED STATES OF AMERICA. (Valdez, Darrell) (Entered: 05/23/2016)
121May 23, 2016RequestREPLY to opposition to motion re 92 MOTION for Summary Judgment , Statement of Material Facts not in Dispute, and Incorporated Memorandum of Law filed by CAPITOL SUPPLY, INC.. (Hodkin, Adam) (Entered: 05/23/2016)
122May 23, 2016RequestNOTICE OF WITHDRAWAL OF APPEARANCE as to CAPITOL SUPPLY, INC.. Attorney Nathan Pate terminated. (Pate, Nathan) (Entered: 05/23/2016)
123May 23, 2016RequestREPLY to opposition to motion re 94 MOTION for Summary Judgment filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit 21, # 2 Exhibit 22, # 3 Exhibit 23)(Valdez, Darrell) (Entered: 05/23/2016)
124May 23, 2016RequestREPLY to opposition to motion re 96 MOTION for Summary Judgment filed by LOUIS SCUTELLARO. (Attachments: # 1 Affidavit D. Steward Affidavit, # 2 Exhibit Index of Exhibits, # 3 Exhibit Exhibit 1, # 4 Exhibit Exhibit 2, # 5 Exhibit Exhibit 3, # 6 Exhibit Exhibit 4, # 7 Exhibit Exhibit 5, # 8 Exhibit Exhibit 6, # 9 Exhibit Exhibit 7, # 10 Exhibit Exhibit 8, # 11 Exhibit Exhibit 9, # 12 Appendix Table of Authorities for MSJ, # 13 Appendix Table of Authorities for Opp to MSJ)(McKnight, H.) (Entered: 05/23/2016)
125May 23, 2016RequestREPLY to opposition to motion re 93 MOTION for Order of Adverse Inference filed by LOUIS SCUTELLARO. (Attachments: # 1 Appendix Table of Authorities for Ad. Inf. Mot.)(McKnight, H.) (Entered: 05/23/2016)
126Jun 7, 2016RequestNOTICE of Firm Name Change, Address Change, and Designation of E-mail Addresses by CAPITOL SUPPLY, INC. (Hodkin, Adam) (Entered: 06/07/2016)
127Jun 20, 2016RequestNOTICE OF SUPPLEMENTAL AUTHORITY by UNITED STATES OF AMERICA (Attachments: # 1 Supplement)(Valdez, Darrell) (Entered: 06/20/2016)
128Jun 20, 2016RequestNOTICE of Filing Supplemental Authority by CAPITOL SUPPLY, INC. re 121 Reply to opposition to Motion, 92 MOTION for Summary Judgment , Statement of Material Facts not in Dispute, and Incorporated Memorandum of Law (Attachments: # 1 Supplement)(Hodkin, Adam) (Entered: 06/20/2016)
129Jun 20, 2016RequestNOTICE OF SUPPLEMENTAL AUTHORITY by LOUIS SCUTELLARO (Attachments: # 1 Supplement)(McKnight, H.) (Entered: 06/20/2016)
130Jun 20, 2016RequestNOTICE of Firm Name Change by LOUIS SCUTELLARO (McKnight, H.) (Entered: 06/20/2016)
131Jun 27, 2016ViewNOTICE OF SUPPLEMENTAL AUTHORITY by LOUIS SCUTELLARO (Attachments: # 1 Supplement)(McKnight, H.) (Entered: 06/27/2016)
Feb 28, 2017MINUTE ORDER (paperless) DIRECTING the parties to address the following issues in supplemental briefing, given the reliance by the government on an "implied false certification" theory of falsity, see Gov't's Mem. Supp. Mot. Summ. J. at 7-8, ECF No. 94, which has been clarified in Universal Health Servs., Inc. v. United States ("Universal Health"), 136 S. Ct. 1989 (2016) and United States ex rel. McBride v. Halliburton Co. ("McBride"), No. 15-7144, 2017 WL 655439 (D.C. Cir. Feb. 17, 2017): (1) whether a genuine issue of material fact remains in dispute regarding the defendant's issuance of claims for payment that (a) made "specific representations about... goods or services provided" and (b) "failed to disclose noncompliance with material statutory, regulatory, or contractual requirements mak[ing] those representations misleading half-truths," Universal Health, 136 S. Ct. at 2001; see also id. at 2003; McBride, 2017 WL 655439, at *4; and (2) any other issues the parties deem relevant to the summary judgment inquiry in light of Universal Health and McBride. The parties shall file their supplemental briefs concurrently no later than March 17, 2017. The parties may then elect to file reply briefs no later than March 24, 2017. Signed by Chief Judge Beryl A. Howell on February 28, 2017. (lcbah4) (Entered: 02/28/2017)
132Mar 1, 2017RequestENTERED IN ERROR.....NOTICE of Firm Name Change, and Designation of E-mail Addresses by CAPITOL SUPPLY, INC. (Hodkin, Adam) Modified on 3/1/2017 (jf). (Entered: 03/01/2017)
Mar 1, 2017NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 132 Notice (Other) was entered in error at the request of counsel and will be refiled.(jf) (Entered: 03/01/2017)
133Mar 1, 2017RequestNOTICE of Firm Name Change, and Designation of E-mail Addresses by CAPITOL SUPPLY, INC. (Hodkin, Adam) (Entered: 03/01/2017)
Mar 1, 2017Set/Reset Deadlines: Supplemental briefs due by 3/17/2017; Replies, if any, due by 3/24/2017. (tg) (Entered: 03/01/2017)
134Mar 17, 2017RequestRESPONSE TO ORDER OF THE COURT re Order,,,,, filed by UNITED STATES OF AMERICA. (Valdez, Darrell) (Entered: 03/17/2017)
135Mar 17, 2017RequestRESPONSE TO ORDER OF THE COURT re Order Implied False Certification as requested by this Court's February 28, 2017 Order filed by CAPITOL SUPPLY, INC.. (Attachments: # 1 Exhibit 1)(Hodkin, Adam) Modified event title on 3/20/2017 (znmw). (Entered: 03/17/2017)
136Mar 17, 2017RequestRESPONSE TO ORDER OF THE COURT re Order,,,,, filed by LOUIS SCUTELLARO. (McKnight, H.) Modified on 3/17/2017 to correct filer (jf). (Entered: 03/17/2017)
137Mar 24, 2017RequestREPLY re 136 Response to Order of the Court filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit 15B, # 2 Exhibit 15C, # 3 Exhibit 17B)(Valdez, Darrell) (Entered: 03/24/2017)
138Mar 24, 2017RequestREPLY re 135 Response to Order of the Court filed by LOUIS SCUTELLARO. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(McKnight, H.) Modified per counsel to correct linkage on 3/24/2017 (td). (Entered: 03/24/2017)
139Mar 24, 2017RequestREPLY re 135 Response to Order of the Court filed by CAPITOL SUPPLY, INC.. (Hodkin, Adam) Modified event title on 3/27/2017 (znmw). (Entered: 03/24/2017)
140Mar 31, 2017RequestORDER DENYING the defendant's 92 Motion for Summary Judgment; DENYING the relator's 96 Motion for Summary Judgment; DENYING the government's 94 Motion for Summary Judgment; GRANTING the relator's 93 Motion for Adverse Inference; and GRANTING the government's 95 Motion for Adverse Inference. The parties shall, by April 14, 2017, jointly propose a schedule to control further proceedings in this case, including three proposed dates for commencement of trial during the period July 31, 2017, through August 7, 2017. A Memorandum Opinion regarding the five aforementioned Motions will be issued within 30 days. See Order for further details. Signed by Chief Judge Beryl A. Howell on March 31, 2017. (lcbah1) (Entered: 03/31/2017)
Apr 3, 2017Set/Reset Deadlines: Joint proposed schedule due by 4/14/2017. (tg) (Entered: 04/03/2017)
141Apr 14, 2017RequestRESPONSE TO ORDER OF THE COURT re 140 Order on Motion for Summary Judgment,,, Order on Motion for Order,,,,,, Order on Motion for Miscellaneous Relief,,,,, (Joint Proposed Trial Schedule) filed by UNITED STATES OF AMERICA. (Valdez, Darrell) (Entered: 04/14/2017)
142Apr 19, 2017ViewMEMORANDUM OPINION regarding the defendant's 92 Motion for Summary Judgment, the relator's 93 Motion for Adverse Inference, the government's 94 Motion for Summary Judgment, the government's 95 Motion for Adverse Inference, and the relator's 96 Motion for Summary Judgment. Signed by Chief Judge Beryl A. Howell on April 19, 2017. (lcbah1) (Entered: 04/19/2017)
Apr 19, 2017MINUTE ORDER (paperless) ISSUING, upon consideration of the parties' 141 Joint Proposed Trial Schedule, the following SCHEDULING ORDER to control further proceedings in this matter: (1) by September 8, 2017, the parties shall file any motions in limine; (2) by September 22, 2017, the parties shall file any responses to motions in limine; (3) by September 29, 2017, the parties shall file any replies to motions in limine, on which date the parties shall jointly file the pre-trial statement required by this Court's 23 Standing Order, id. &para 10(a); (4) on October 6, 2017, at 9:30 a.m., the parties shall appear for a pre-trial conference in Courtroom 22; and (5) on October 16, 2017, at 9:00 a.m., the parties shall appear for the selection of the jury and the trial of this matter. The defendant's request to appear at the pre-trial conference telephonically is DENIED to the extent that at least one representative for the defendant must appear in person for the pre-trial conference. Signed by Chief Judge Beryl A. Howell on April 19, 2017. (lcbah1) (Entered: 04/19/2017)
Apr 20, 2017Set/Reset Deadlines/Hearings: Motions in Limine due by 9/8/2017; Responses due by 9/22/2017; Replies due by 9/29/2017; Joint Pretrial Statement due by 9/29/2017; Pretrial Conference scheduled for 10/6/2017 at 9:30 AM in Courtroom 22A before Chief Judge Beryl A. Howell; Jury Selection/Jury Trial scheduled for 10/16/2017 at 9:00 AM in Courtroom 22A before Chief Judge Beryl A. Howell. (tg) (Entered: 04/20/2017)
143May 16, 2017RequestJoint MOTION for Scheduling Order (to Reschedule Trial and Pretrial Dates by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Valdez, Darrell) (Entered: 05/16/2017)
May 17, 2017Set/Reset Hearings: Telephone Conference scheduled for 5/17/2017 at 5:00 PM before Chief Judge Beryl A. Howell. (tg) (Entered: 05/17/2017)
May 17, 2017Minute Entry for proceedings held before Chief Judge Beryl A. Howell: Telephone Conference held on 5/17/2017. (Order forthcoming). (Court Reporter Elizabeth Saint-Loth) (tg) (Entered: 05/17/2017)
May 17, 2017MINUTE ORDER (paperless) GRANTING in part and DENYING in part the parties' 143 Joint Motion to Reschedule Trial and Pre-Trial Dates. Accordingly, (1) the parties shall appear for a pretrial conference on July 21, 2017, at 9:30 A.M. in Courtroom 22A, with at least one representative present for each party; and (2) trial in this case will commence with jury selection on August 7, 2017, at 9:00 A.M. in Courtroom 22A. Signed by Chief Judge Beryl A. Howell on May 17, 2017. (lcbah1) (Entered: 05/17/2017)
May 18, 2017Set/Reset Hearings: Pretrial Conference scheduled for 7/21/2017 at 9:30 AM in Courtroom 22A before Chief Judge Beryl A. Howell; Jury Selection/Jury Trial scheduled for 8/7/2017 at 9:00 AM in Courtroom 22A before Chief Judge Beryl A. Howell. (tg) (Entered: 05/18/2017)
144May 18, 2017RequestNOTICE of Compliance with Court's Request for Availability for Trial Period Commencing on August 7, 2017 by CAPITOL SUPPLY, INC. (Hodkin, Adam) (Entered: 05/18/2017)
145Jun 8, 2017ViewMOTION to Continue Trial Date by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Valdez, Darrell) (Entered: 06/08/2017)
Jun 9, 2017MINUTE ORDER (paperless) GRANTING the government's 145 Motion to Reschedule Trial Date ("Motion") and DENYING as moot the government's request for a status hearing to reschedule the pretrial and trial dates. The Motion indicates that the government and relator are available for trial on September 5, 2017, when the Court has previously alerted the parties of a criminal matter scheduled for trial in September 2017. Based upon the parties' stated availability, (1) the parties shall appear for a pretrial conference on September 8, 2017, at 11:00 A.M. in Courtroom 22A, with at least one representative present for each party; and (2) the parties shall be prepared to proceed with trial in this case, to commence with jury selection on September 18, 2017, at 9:00 A.M. in Courtroom 22A, if the aforementioned criminal matter is resolved before trial. Signed by Chief Judge Beryl A. Howell on June 9, 2017. (lcbah1) (Entered: 06/09/2017)
Jun 9, 2017Set/Reset Deadlines/Hearings: Jury Selection rescheduled for 9/18/2017 at 9:00 AM in Courtroom 22A before Chief Judge Beryl A. Howell; Jury Trial rescheduled for 9/18/2017 at 9:00 AM in Courtroom 22A before Chief Judge Beryl A. Howell. Pretrial Conference set for 9/8/2017 at 11:00 AM in Courtroom 22A before Chief Judge Beryl A. Howell. (tg) (Entered: 06/09/2017)
Jun 9, 2017Set/Reset Hearings: Pretrial Conference set for 9/8/2017 at 11:00 AM in Courtroom 22A before Chief Judge Beryl A. Howell. (tg) (Entered: 09/05/2017)
146Aug 3, 2017RequestUnopposed MOTION for Leave to Appear by Videoconference at Trial by CAPITOL SUPPLY, INC. (Attachments: # 1 Text of Proposed Order)(Hodkin, Adam) (Entered: 08/03/2017)
Aug 3, 2017MINUTE ORDER (paperless) GRANTING the defendant's 146 Unopposed Motion for Trial Witness' Appearance Via Videoconference. Accordingly, Ms. Lydia White may appear at the upcoming trial via videoconference. Signed by Chief Judge Beryl A. Howell on August 3, 2017. (lcbah1) (Entered: 08/03/2017)
147Aug 4, 2017RequestNOTICE of Firm Name Change by LOUIS SCUTELLARO (McKnight, H.) (Entered: 08/04/2017)
148Aug 4, 2017RequestMOTION in Limine to Exclude References to False Claims Act Remedies by LOUIS SCUTELLARO (Attachments: # 1 Text of Proposed Order)(McKnight, H.) (Entered: 08/04/2017)
149Aug 4, 2017RequestMOTION in Limine Requesting Adverse Inference Instructions to the Jury Regarding Defendant's Spoliation of Evidence Related to 252,785 Invoices that Cover $220,653,119 in Sales to the United States by LOUIS SCUTELLARO (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G)(McKnight, H.) (Entered: 08/04/2017)
150Aug 4, 2017RequestMOTION in Limine to Exclude CAV Report Cards by UNITED STATES OF AMERICA (Attachments: # 1 Exhibit 1A, # 2 Exhibit 4A-4S, # 3 Exhibit 13 (Fox Depo), # 4 Exhibit 21, # 5 Exhibit 22, # 6 Exhibit Brady Depo, # 7 Exhibit Springer Depo, # 8 Text of Proposed Order)(Valdez, Darrell) (Entered: 08/04/2017)
151Aug 4, 2017RequestMOTION in Limine to Exclude Relator's Expert Dwight Steward, Ph.D. and Incorporated Memorandum of Law by CAPITOL SUPPLY, INC. (Attachments: # 1 Text of Proposed Order)(Hodkin, Adam) (Entered: 08/04/2017)
152Aug 18, 2017RequestMemorandum in opposition to re 151 MOTION in Limine to Exclude Relator's Expert Dwight Steward, Ph.D. and Incorporated Memorandum of Law filed by LOUIS SCUTELLARO. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(McKnight, H.) (Entered: 08/18/2017)
153Aug 18, 2017RequestMemorandum in opposition to re 149 MOTION in Limine Requesting Adverse Inference Instructions to the Jury Regarding Defendant's Spoliation of Evidence Related to 252,785 Invoices that Cover $220,653,119 in Sales to the United States filed by CAPITOL SUPPLY, INC.. (Hodkin, Adam) (Entered: 08/18/2017)
154Aug 18, 2017RequestMemorandum in opposition to re 148 MOTION in Limine to Exclude References to False Claims Act Remedies filed by CAPITOL SUPPLY, INC.. (Hodkin, Adam) (Entered: 08/18/2017)
155Aug 18, 2017RequestMemorandum in opposition to re 150 MOTION in Limine to Exclude CAV Report Cards filed by CAPITOL SUPPLY, INC.. (Attachments: # 1 Exhibit 1)(Hodkin, Adam) (Entered: 08/18/2017)
156Aug 25, 2017RequestREPLY to opposition to motion re 150 MOTION in Limine to Exclude CAV Report Cards filed by UNITED STATES OF AMERICA. (Valdez, Darrell) (Entered: 08/25/2017)
157Aug 25, 2017RequestREPLY to opposition to motion re 151 MOTION in Limine to Exclude Relator's Expert Dwight Steward, Ph.D. and Incorporated Memorandum of Law filed by CAPITOL SUPPLY, INC.. (Hodkin, Adam) (Entered: 08/25/2017)
158Aug 25, 2017ViewREPLY to opposition to motion re 149 MOTION in Limine Requesting Adverse Inference Instructions to the Jury Regarding Defendant's Spoliation of Evidence Related to 252,785 Invoices that Cover $220,653,119 in Sales to the United States filed by LOUIS SCUTELLARO. (McKnight, H.) (Entered: 08/25/2017)
159Aug 25, 2017ViewREPLY to opposition to motion re 148 MOTION in Limine to Exclude References to False Claims Act Remedies filed by LOUIS SCUTELLARO. (McKnight, H.) (Entered: 08/25/2017)
160Aug 25, 2017RequestENTERED IN ERROR.....PRETRIAL STATEMENT by LOUIS SCUTELLARO, UNITED STATES OF AMERICA. (McKnight, H.) Modified on 8/28/2017 (znmw). (Entered: 08/25/2017)
161Aug 25, 2017RequestENTERED IN ERROR.....PRETRIAL STATEMENT by LOUIS SCUTELLARO, UNITED STATES OF AMERICA. (McKnight, H.) Modified on 8/28/2017 (znmw). (Entered: 08/25/2017)
162Aug 26, 2017RequestPRETRIAL STATEMENT by LOUIS SCUTELLARO, UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(McKnight, H.) (Entered: 08/26/2017)
163Aug 26, 2017RequestMOTION for Extension of Time to File Attachments to Pretrial Statement, nunc pro tunc by LOUIS SCUTELLARO (Attachments: # 1 Text of Proposed Order)(McKnight, H.) (Entered: 08/26/2017)
Aug 28, 2017NOTICE OF CORRECTED DOCKET ENTRY: Docket Entries 161 Pretrial Statement and 160 Pretrial Statement were entered in error and was refiled as Docket Entry 162 Pretrial Statement. (znmw) (Entered: 08/28/2017)
Aug 28, 2017MINUTE ORDER (paperless) GRANTING the relator's 163 Motion to File Nunc Pro Tunc. Accordingly, the relator's attachments to the parties' 161 Joint Pretrial Statement, which attachments are docketed at ECF No. 162, are deemed timely filed. Signed by Chief Judge Beryl A. Howell on August 28, 2017. (lcbah1) (Entered: 08/28/2017)
164Sep 1, 2017RequestNOTICE of Appearance by Daniel Patrick Schaefer on behalf of UNITED STATES OF AMERICA (Schaefer, Daniel) (Entered: 09/01/2017)
165Sep 1, 2017RequestERRATA by UNITED STATES OF AMERICA 162 Pretrial Statement filed by UNITED STATES OF AMERICA, LOUIS SCUTELLARO. (Attachments: # 1 Plaintiffs' Witness List)(Schaefer, Daniel) (Entered: 09/01/2017)
166Sep 1, 2017RequestMOTION in Limine PLAINTIFFS UNITED STATES AND RELATORS JOINT OBJECTIONS AND MOTION IN LIMINE TO EXCLUDE DEFENDANTS EXHIBIT NO. 90 AND NO. 128 by LOUIS SCUTELLARO, UNITED STATES OF AMERICA (McKnight, H.) (Entered: 09/01/2017)
167Sep 5, 2017RequestEmergency MOTION to Continue Trial Due to Hurricane and Declaration of State of Emergency Throughout Florida by CAPITOL SUPPLY, INC. (Attachments: # 1 Exhibit 1)(Hodkin, Adam) (Entered: 09/05/2017)
168Sep 5, 2017RequestERRATA by CAPITOL SUPPLY, INC.. (Attachments: # 1 Defendant's Amended Exhibit List)(Hodkin, Adam) (Entered: 09/05/2017)
Sep 5, 2017MINUTE ORDER (paperless) GRANTING the defendant's 167 Unopposed Emergency Motion to Continue Trial. Accordingly, the parties shall appear for a pretrial conference on September 22, 2017, at 10:00 A.M. in Courtroom 22A, with at least one representative present for each party, and the parties shall be prepared to proceed with trial in this case, to commence with jury selection on October 2, 2017, at 9:00 A.M. in Courtroom 22A. Signed by Chief Judge Beryl A. Howell on September 5, 2017. (lcbah4) (Entered: 09/05/2017)
Sep 5, 2017Set/Reset Hearings: Pretrial Conference RESCHEDULED for 9/22/2017 at 10:00 AM in Courtroom 22A before Chief Judge Beryl A. Howell. Jury Selection/Jury Trial RESCHEDULED for 10/2/2017 at 9:00 AM in Courtroom 22A before Chief Judge Beryl A. Howell. (tg) (Entered: 09/05/2017)
169Sep 7, 2017ViewMemorandum in opposition to re 166 MOTION in Limine PLAINTIFFS UNITED STATES AND RELATORS JOINT OBJECTIONS AND MOTION IN LIMINE TO EXCLUDE DEFENDANTS EXHIBIT NO. 90 AND NO. 128 filed by CAPITOL SUPPLY, INC.. (Hodkin, Adam) (Entered: 09/07/2017)
Sep 8, 2017MINUTE ORDER (paperless) DENYING the government's 150 Motion in limine to exclude reference to Contractor Assistance Visit report cards. The government seeks to exclude, under Federal Rule of Evidence ("FRE") 403, any reference to Contractor Assistance Visit ("CAV") report cards, which report cards the government itself created. As the government admits, "procedural" or "systems" compliance with the defendant's contractual requirements "was monitored by an Industrial Operations Analyst [("IOA")], who would conduct Contractor Assistance Visits (CAVS) over the course of a contract." Mot. In Limine to Exclude CAV Report Cards, at 3, ECF No. 150. "[F]or more than a decade,... the GSA's regional office gave the defendant not just 'satisfactory' or 'very good,' but 'exceptional' ratings on its report cards." United States ex rel. Scutellaro v. Capitol Supply, Inc., Civ. No. 10-1094 (BAH), 2017 WL 1422364, at *21 (D.D.C. Apr. 19, 2017). "[T]he assigned IOA out of the Atlanta Regional Office who conducted the defendant's CAVs[] never once marked the defendant down for TAA non-compliance despite the defendant's complete lack of retention of historical [country-of-origin] information until at least June 2009, testifying that she 'didn't see anything wrong with their process or their understanding of the Trade Agreements Act.'" Id. (citation omitted). As liability under the False Claims Act depends on whether the defendant acted "knowingly," see 31 U.S.C. ?? 3729(a)(1)-(2), the CAV report cards are assuredly relevant to this scienter burden that plaintiffs must establish, and this relevance is not outweighed, much less substantially outweighed, by any unfair prejudice, or likelihood to confuse the issues or mislead the jury. See Fed. R. Evid. 403 (permitting the exclusion of relevant evidence when "its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence."). The government's contention that the defendant's "reliance upon the Report Cards is misplaced," see Mot. In Limine to Exclude CAV Report Cards, at 1, ECF No. 150, amounts to an argument that the jury will evaluate. Signed by Chief Judge Beryl A. Howell on September 8, 2017 (lcbah4) (Entered: 09/08/2017)
170Sep 8, 2017RequestERRATA by UNITED STATES OF AMERICA 162 Pretrial Statement filed by UNITED STATES OF AMERICA, LOUIS SCUTELLARO. (Attachments: # 1 United States' Amended Trial Exhibit List)(Schaefer, Daniel) (Entered: 09/08/2017)
171Sep 14, 2017RequestREPLY to opposition to motion re 166 MOTION in Limine PLAINTIFFS UNITED STATES AND RELATORS JOINT OBJECTIONS AND MOTION IN LIMINE TO EXCLUDE DEFENDANTS EXHIBIT NO. 90 AND NO. 128 filed by LOUIS SCUTELLARO, UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit 1)(McKnight, H.) (Entered: 09/14/2017)
172Sep 20, 2017ViewMEMORANDUM & ORDER GRANTING the Relator's 148 Motion in Limine. Signed by Chief Judge Beryl A. Howell on September 20, 2017. (lcbah4) (Entered: 09/20/2017)
173Sep 20, 2017RequestNOTICE of Bankruptcy by CAPITOL SUPPLY, INC. (Hodkin, Adam) (Entered: 09/20/2017)
Sep 21, 2017NOTICE of RESCHEDULED HEARING. The parties shall take notice that the Pretrial Conference originally scheduled for 9/22/2017 is RESCHEDULED for 9/26/2017 at 10:30 AM in Courtroom 22A before Chief Judge Beryl A. Howell. (hmc) (Entered: 09/21/2017)
174Sep 21, 2017ViewMEMORANDUM re 173 Notice (Other) filed by CAPITOL SUPPLY, INC. by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit White Email)(Valdez, Darrell) (Entered: 09/21/2017)
175Sep 25, 2017RequestSUPPLEMENTAL MEMORANDUM to re 173 Notice (Other) to Exclude Relator's Claim From the Automatic Stay filed by LOUIS SCUTELLARO. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(McKnight, H.) (Entered: 09/25/2017)
176Sep 25, 2017RequestNOTICE of S.D. Fla. Bankruptcy Court Decision by UNITED STATES OF AMERICA re Notice of Hearing (Valdez, Darrell) (Entered: 09/25/2017)
Sep 25, 2017MINUTE ORDER (paperless) DIRECTING, upon review of the government's 176 Notice of S.D. Fla. Bankruptcy Court Decision, the parties to apprise the Court of their position as to whether the status conference, scheduled for September 26, 2017 at 10:30 a.m., should proceed. Signed by Chief Judge Beryl A. Howell on September 25, 2017. (lcbah4) (Entered: 09/25/2017)
177Sep 25, 2017ViewNOTICE of Compliance with Court Order by CAPITOL SUPPLY, INC. re Order, (Attachments: # 1 Exhibit 1)(Hodkin, Adam) (Entered: 09/25/2017)
178Sep 25, 2017ViewNOTICE of Plaintiff-Relator's Position Not To Proceed with Status Conference Set for September 26, 2017 by LOUIS SCUTELLARO (McKnight, H.) (Entered: 09/25/2017)
Sep 25, 2017MINUTE ORDER (paperless) VACATING the Court's Notice of Rescheduled Hearing of September 21, 2017. Accordingly, the status conference scheduled for September 26, 2017 at 10:30 a.m. is canceled. Signed by Chief Judge Beryl A. Howell on September 25, 2017. (lcbah4) (Entered: 09/25/2017)
Sep 26, 2017MINUTE ORDER (paperless) VACATING the trial date of October 2, 2017, and STAYING this action, in light of the order of the U.S. Bankruptcy Court for the Southern District of Florida holding that this action is stayed pursuant to 11 U.S.C. ? 362(a). See In re Capitol Supply, Inc., Case No. 17-21544 (EPK), Order Granting in Part Emergency Motion to Enforce the Automatic Stay (Bankr. S.D. Fla. Sept. 25, 2017). Accordingly, the parties shall notify the Court within 30 days of the entry of discharge, denial of a discharge, closing, or dismissal of the bankruptcy matter. See 11 U.S.C. ? 362(c). Signed by Chief Judge Beryl A. Howell on September 26, 2017. (lcbah4) (Entered: 09/26/2017)
Sep 26, 2017Case Stayed. (hmc) (Entered: 10/02/2017)
179Jan 2, 2018RequestMOTION to Withdraw as Attorney by CAPITOL SUPPLY, INC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(Hodkin, Adam) (Entered: 01/02/2018)
180Jan 2, 2018RequestAmended MOTION to Withdraw as Attorney by CAPITOL SUPPLY, INC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(Hodkin, Adam) Modified event title on 1/3/2018 (znmw). (Entered: 01/02/2018)
181Jan 5, 2018RequestRESPONSE re 180 MOTION to Withdraw as Attorney for Defendant Capitol Supply filed by LOUIS SCUTELLARO. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(McKnight, H.) (Entered: 01/05/2018)
182Jan 12, 2018ViewREPLY to opposition to motion re 180 MOTION to Withdraw as Attorney filed by CAPITOL SUPPLY, INC.. (Hodkin, Adam) (Entered: 01/12/2018)
183Jan 17, 2018ViewMEMORANDUM and ORDER DENYING defense counsel's 179 Motion to Withdraw as Counsel and 180 Amended Motion to Withdraw as Counsel. See Order for further details. Signed by Chief Judge Beryl A. Howell on January 17, 2018. (lcbah4) (Entered: 01/17/2018)
184Jul 16, 2018ViewNOTICE of Decision of S.D. Fla. District Court by UNITED STATES OF AMERICA re Case Stayed, Order,, (Attachments: # 1 Exhibit S.D. Fla. Dist. Ct. Decision)(Valdez, Darrell) (Entered: 07/16/2018)
Jul 16, 2018MINUTE ORDER (paperless) DIRECTING, upon consideration of the government's 184 Notice of Decision of the District Court for the Southern District of Florida and the Lifting of the Stay Imposed by the Bankruptcy Court, the parties to file, by July 23, 2018, a joint status report proposing a schedule to govern further proceedings in this matter. Signed by Chief Judge Beryl A. Howell on July 16, 2018. (lcbah4) (Entered: 07/16/2018)
Jul 16, 2018Set/Reset Deadlines: Joint Status Report due by 7/23/2018. (tg) (Entered: 07/16/2018)
185Jul 18, 2018RequestMOTION to Withdraw as Attorney by CAPITOL SUPPLY, INC. (Attachments: # 1 Text of Proposed Order)(Hodkin, Adam) (Entered: 07/18/2018)
186Jul 23, 2018ViewJoint STATUS REPORT by UNITED STATES OF AMERICA. (Valdez, Darrell) (Entered: 07/23/2018)
Jul 27, 2018MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 186 Joint Status Report, the parties to file, by August 6, 2018, a joint status report proposing a schedule to govern further proceedings in this matter. Signed by Chief Judge Beryl A. Howell on July 27, 2018. (lcbah4) (Entered: 07/27/2018)
Jul 27, 2018Set/Reset Deadlines: Joint Status Report due by 8/6/2018. (tg) (Entered: 07/27/2018)
187Aug 1, 2018RequestMemorandum in opposition to re 185 MOTION to Withdraw as Attorney filed by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order)(Valdez, Darrell) (Entered: 08/01/2018)
188Aug 6, 2018ViewJoint STATUS REPORT by UNITED STATES OF AMERICA. (Schaefer, Daniel) (Entered: 08/06/2018)
Aug 6, 2018MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 188 Joint Status Report, the parties to file, by August 27, 2018, a joint status report proposing a schedule to govern further proceedings in this matter. Signed by Chief Judge Beryl A. Howell on August 6, 2018. (lcbah4) (Entered: 08/06/2018)
Aug 7, 2018Set/Reset Deadlines: Joint Status Report due by 8/27/2018. (tg) (Entered: 08/07/2018)
189Aug 9, 2018RequestMEMORANDUM AND ORDER GRANTING defense counsel's 185 Renewed Motion to Withdraw as Counsel. See Order for further details. Signed by Chief Judge Beryl A. Howell on August 9, 2018. (lcbah4) (Entered: 08/09/2018)
190Aug 10, 2018ViewNOTICE of Compliance with by CAPITOL SUPPLY, INC. re 189 Order on Motion to Withdraw as Attorney (Hodkin, Adam) (Entered: 08/10/2018)
Aug 15, 2018MINUTE ORDER (paperless) STAYING, upon consideration of the parties' 188 Joint Status Report, this matter for sixty days, until October 15, 2018, with the following exceptions: (1) the parties shall, by August 27, 2018, file a Joint Status Report as required by the Minute Order dated August 6, 2018; (2) the government may file a Motion for Default Judgment, unless counsel for defendant Capitol Supply, Inc., enters an appearance. Signed by Chief Judge Beryl A. Howell on August 15, 2018. (lcbah4) (Entered: 08/15/2018)
Aug 16, 2018Case Stayed until 10/15/2018. (tg) (Entered: 08/16/2018)
191Aug 24, 2018ViewSTATUS REPORT by UNITED STATES OF AMERICA. (Valdez, Darrell) (Entered: 08/24/2018)
Oct 11, 2018MINUTE ORDER (paperless) DIRECTING the parties to file, on October 15, 2018, on which date the stay in this matter will automatically be lifted, a joint status report informing the Court of the status of this action and whether defendant Capitol Supply, Inc., has retained new counsel in this matter, and, if not, whether the plaintiff-relator will seek default judgment. Signed by Chief Judge Beryl A. Howell on October 11, 2018. (lcbah4) (Entered: 10/11/2018)
Oct 11, 2018Set/Reset Deadlines: Joint Status Report due by 10/15/2018. (tg) (Entered: 10/11/2018)
192Oct 15, 2018ViewSTATUS REPORT by UNITED STATES OF AMERICA. (Valdez, Darrell) (Entered: 10/15/2018)
Oct 15, 2018MINUTE ORDER (paperless) STAYING, upon consideration of the government's 192 Status Report, this matter for thirty days, until November 14, 2018; and DIRECTING the parties, if no stipulation of dismissal of this action has been filed in this case by November 14, 2018, to file on that date a joint status report (1) seeking to continue the stay to complete settlement discussions, with clarification as to whether such settlement would resolve all claims by the United States and the Relator, or (2) proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on October 15, 2018. (lcbah4) (Entered: 10/15/2018)
Oct 15, 2018Set/Reset Deadlines: Joint Status Report due by 11/14/2018. (tg) (Entered: 10/15/2018)
193Nov 14, 2018ViewSTATUS REPORT by UNITED STATES OF AMERICA. (Valdez, Darrell) (Entered: 11/14/2018)
Nov 15, 2018MINUTE ORDER (paperless) STAYING, upon consideration of the parties' 193 Status Report, this matter until December 17, 2018; and DIRECTING the parties, if no stipulation of dismissal of this action has been filed in this case by December 17, 2018, to file on that date a joint status report (1) seeking to continue the stay to complete settlement discussions, with an update as to whether such settlement has been approved by the Bankruptcy Court and would resolve all claims by the United States and the Relator, or (2) proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on November 15, 2018. (lcbah4) (Entered: 11/15/2018)
Nov 15, 2018Set/Reset Deadlines: Joint Status Report due by 12/17/2018, if no stipulation of dismissal of this action has been filed in this case by that date. (tg) (Entered: 11/15/2018)
194Dec 17, 2018ViewSTATUS REPORT by UNITED STATES OF AMERICA. (Valdez, Darrell) (Entered: 12/17/2018)
Dec 17, 2018MINUTE ORDER (paperless) STAYING, upon consideration of the parties' 194 Status Report, this matter until January 17, 2019; and DIRECTING the parties, if no stipulation of dismissal of this action has been filed in this case by January 17, 2019, to file on that date a joint status report (1) seeking to continue the stay to complete settlement discussions, with an update as to whether such settlement has been approved by the Bankruptcy Court and would resolve all claims by the United States and the Relator, or (2) proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on December 17, 2018. (lcbah4) (Entered: 12/17/2018)
Dec 18, 2018Set/Reset Deadlines: Case stayed until 1/17/2019; Joint Status Report due by 1/17/2019. (tg) (Entered: 12/18/2018)
195Jan 17, 2019RequestSTATUS REPORT by UNITED STATES OF AMERICA. (Valdez, Darrell) (Entered: 01/17/2019)
Jan 17, 2019MINUTE ORDER (paperless) STAYING, upon consideration of the parties' 195 Status Report, this matter until 30 days after the restoration of appropriations for the Department of Justice; and DIRECTING the parties, if no stipulation of dismissal of this action has been filed in this case by that date, to file a joint status report (1) seeking to continue the stay to complete settlement discussions, with an update as to whether such settlement has been approved by the Bankruptcy Court and would resolve all claims by the United States and the Relator, or (2) proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on January 17, 2019. (lcbah4) (Entered: 01/17/2019)
Feb 27, 2019MINUTE ORDER (paperless) DIRECTING the parties, now that more than 30 days have passed since the restoration of funds for the Department of Justice, to file, by March 1, 2019, a joint status report (1) seeking to continue the stay in this matter to complete settlement discussions, with an update as to whether such settlement has been approved by the Bankruptcy Court and would resolve all claims by the United States and the Relator, or (2) proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on February 27, 2019. (lcbah4) (Entered: 02/27/2019)
Feb 27, 2019Set/Reset Deadlines: Joint Status Report due by 3/1/2019. (tg) (Entered: 02/27/2019)
196Mar 1, 2019ViewSTATUS REPORT by UNITED STATES OF AMERICA. (Valdez, Darrell) (Entered: 03/01/2019)
Mar 1, 2019MINUTE ORDER (paperless) STAYING, upon consideration of the parties' 196 Status Report, this matter until April 1, 2019; and DIRECTING the parties, if no stipulation of dismissal of this action has been filed in this case by April 1, 2019, to file on that date a joint status report (1) seeking to continue the stay to complete the steps necessary to resolve all claims by the United States and the Relator, or (2) proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on March 1, 2019. (lcbah4) (Entered: 03/01/2019)
Mar 4, 2019Set/Reset Deadlines: Joint Status Report due by 4/1/2019, if no stipulation of dismissal of this action has been filed in this case by April 1, 2019. (tg) (Entered: 03/04/2019)
197Apr 1, 2019RequestSTATUS REPORT by UNITED STATES OF AMERICA. (Valdez, Darrell) (Entered: 04/01/2019)
Apr 1, 2019MINUTE ORDER (paperless) STAYING, upon consideration of the parties' 197 Status Report, this matter until May 1, 2019; and DIRECTING the parties, if no stipulation of dismissal of this action has been filed in this case by May 1, 2019, to file on that date a joint status report (1) seeking to continue the stay to complete the steps necessary to resolve all claims by the United States and the Relator, or (2) proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on April 1, 2019. (lcbah4) (Entered: 04/01/2019)
Apr 2, 2019Set/Reset Deadlines: Joint Status Report due by 5/1/2019, if no stipulation of dismissal is filed by that date. (tg) (Entered: 04/02/2019)
198Apr 2, 2019ViewSTATUS REPORT by LOUIS SCUTELLARO. (McKnight, H.) (Entered: 04/02/2019)
199May 1, 2019RequestSTATUS REPORT by UNITED STATES OF AMERICA. (Valdez, Darrell) (Entered: 05/01/2019)
May 1, 2019MINUTE ORDER (paperless) STAYING, upon consideration of the parties' 199 Status Report, this matter until May 15, 2019; and DIRECTING the parties, if no stipulation of dismissal of this action has been filed in this case by May 15, 2019, to file on that date a joint status report (1) seeking to continue the stay to complete the steps necessary to resolve all claims by the United States and the Relator, or (2) proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on May 1, 2019. (lcbah4) (Entered: 05/01/2019)
May 1, 2019Set/Reset Deadlines: Joint Status Report due by 5/15/2019, if no stipulation of dismissal of this action has been filed by that date. (tg) (Entered: 05/01/2019)
200May 15, 2019RequestSTATUS REPORT by UNITED STATES OF AMERICA. (Valdez, Darrell) (Entered: 05/15/2019)
May 15, 2019MINUTE ORDER (paperless) STAYING, upon consideration of the parties' 200 Status Report, this matter until May 22, 2019; and DIRECTING the parties, if no stipulation of dismissal of this action has been filed in this case by May 22, 2019, to file on that date a joint status report (1) seeking to continue the stay to complete the steps necessary to resolve all claims by the United States and the Relator, or (2) proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on May 15, 2019. (lcbah4) (Entered: 05/15/2019)
May 15, 2019Set/Reset Deadlines: Joint Status Report due by 5/22/2019, if no stipulation of dismissal has been filed by that date. (tg) (Entered: 05/15/2019)
201May 22, 2019RequestSTATUS REPORT by UNITED STATES OF AMERICA. (Valdez, Darrell) (Entered: 05/22/2019)
May 22, 2019MINUTE ORDER (paperless) STAYING, upon consideration of the parties' 201 Status Report, this matter until June 5, 2019; and DIRECTING the parties, if no stipulation of dismissal of this action has been filed in this case by June 5, 2019, to file on that date a joint status report (1) seeking to continue the stay to complete the steps necessary to resolve all claims by the United States and the Relator, or (2) proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on May 22, 2019. (lcbah4) (Entered: 05/22/2019)
May 23, 2019Set/Reset Deadlines: Joint Status Report due by 6/5/2019, if no stipulation of dismissal has been filed by that date. (tg) (Entered: 05/23/2019)
202Jun 5, 2019RequestSTATUS REPORT by UNITED STATES OF AMERICA. (Valdez, Darrell) (Entered: 06/05/2019)
Jun 5, 2019MINUTE ORDER (paperless) STAYING, upon consideration of the parties' 202 Status Report, this matter until June 19, 2019; and DIRECTING the parties, if no stipulation of dismissal of this action has been filed in this case by June 19, 2019, to file on that date a joint status report (1) seeking to continue the stay to complete the steps necessary to resolve all claims by the United States and the Relator, or (2) proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on June 5, 2019. (lcbah4) (Entered: 06/05/2019)
Jun 5, 2019Set/Reset Deadlines: Joint Status Report due by 6/19/2019. (tg) (Entered: 06/05/2019)
203Jun 19, 2019RequestSTATUS REPORT by UNITED STATES OF AMERICA. (Valdez, Darrell) (Entered: 06/19/2019)
Jun 19, 2019MINUTE ORDER (paperless) STAYING, upon consideration of the parties' 203 Status Report, this matter until July 3, 2019; and DIRECTING the parties, if no stipulation of dismissal of this action has been filed in this case by July 3, 2019, to file on that date a joint status report (1) seeking to continue the stay to complete the steps necessary to resolve all claims by the United States and the Relator, or (2) proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on June 19, 2019. (lcbah4) (Entered: 06/19/2019)
Jun 19, 2019Set/Reset Deadlines: Joint Status Report due by 7/3/2019, if no stipulation of dismissal has been filed by that date. (tg) (Entered: 06/19/2019)
204Jul 3, 2019ViewSTATUS REPORT by UNITED STATES OF AMERICA. (Valdez, Darrell) (Entered: 07/03/2019)
Jul 5, 2019MINUTE ORDER (paperless) STAYING, upon consideration of the parties' 204 Status Report, this matter until July 17, 2019; and DIRECTING the parties, if no stipulation of dismissal of this action has been filed in this case by July 17, 2019, to file on that date a joint status report (1) seeking to continue the stay to complete the steps necessary to resolve all claims by the United States and the Relator, or (2) proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on July 5, 2019. (lcbah4) (Entered: 07/05/2019)
Jul 8, 2019Set/Reset Deadlines: Joint Status Report due by 7/17/2019. (tg) (Entered: 07/08/2019)
205Jul 17, 2019RequestSTATUS REPORT by UNITED STATES OF AMERICA. (Valdez, Darrell) (Entered: 07/17/2019)
Jul 17, 2019MINUTE ORDER (paperless) STAYING, upon consideration of the parties' 205 Status Report, this matter until July 31, 2019; and DIRECTING the parties, if no stipulation of dismissal of this action has been filed in this case by July 31, 2019, to file on that date a joint status report (1) seeking to continue the stay to complete the steps necessary to resolve all claims by the United States and the Relator, or (2) proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on July 17, 2019. (lcbah4) (Entered: 07/17/2019)
Jul 17, 2019Set/Reset Deadlines: Joint Status Report due by 7/31/2019. (tg) (Entered: 07/17/2019)
206Jul 31, 2019RequestSTATUS REPORT by UNITED STATES OF AMERICA. (Valdez, Darrell) (Entered: 07/31/2019)
Jul 31, 2019MINUTE ORDER (paperless) STAYING, upon consideration of the parties' 206 Status Report, this matter until August 30, 2019; and DIRECTING the parties, if no stipulation of dismissal of this action has been filed in this case by August 30, 2019, to file on that date a joint status report (1) seeking to continue the stay to complete the steps necessary to resolve all claims by the United States and the Relator, or (2) proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on July 31, 2019. (lcbah4) (Entered: 07/31/2019)
Aug 1, 2019Set/Reset Deadlines: Joint Status Report due by 8/30/2019. (tg) (Entered: 08/01/2019)
207Aug 30, 2019RequestSTATUS REPORT by UNITED STATES OF AMERICA. (Valdez, Darrell) (Entered: 08/30/2019)
Sep 3, 2019MINUTE ORDER (paperless) STAYING, upon consideration of the parties' 207 Status Report, this matter until September 13, 2019; and DIRECTING the parties, if no stipulation of dismissal of this action has been filed in this case by September 13, 2019, to file on that date a joint status report (1) seeking to continue the stay to complete the steps necessary to resolve all claims by the United States and the Relator, or (2) proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on September 3, 2019. (lcbah4) (Entered: 09/03/2019)
Sep 3, 2019MINUTE ORDER (paperless) DENYING AS MOOT, in light of the parties' 207 Status Report, the pending 149 151 166 Motions in Limine. Signed by Chief Judge Beryl A. Howell on September 3, 2019. (lcbah4) (Entered: 09/03/2019)
Sep 3, 2019Set/Reset Deadlines: Joint Status Report due by 9/13/2019. (tg) (Entered: 09/03/2019)
208Sep 13, 2019ViewSTIPULATION of Dismissal (Partial) by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order)(Valdez, Darrell) (Entered: 09/13/2019)
209Sep 13, 2019ViewSTATUS REPORT by LOUIS SCUTELLARO. (McKnight, H.) (Entered: 09/13/2019)
Sep 18, 2019MINUTE ORDER (paperless) DENYING any request for an order that fails to comply with the Federal Rules of Civil Procedure, see Fed. R. Civ. P. 7(b) ("A request for a court order must be made by motion."); and further DIRECTING, upon consideration of the government's 208 Stipulation of Partial Dismissal and the Relator's 209 Status Report, that the parties file, by September 25, 2019, a Joint Status Report addressing the following issues: (1) how the 208 Stipulation comports with Federal Rule of Civil Procedure 41(a)(1)(A)(ii), which requires a stipulation of dismissal to be "signed by all parties who have appeared" when the defendant has served an answer, see 44 Def.'s Answer to Amended Complaint; 45 Def.'s Answer to Intervenor Complaint, since this document, though styled as a "stipulation" is unsigned by the defendant; (2) whether the 208 Stipulation should be construed as a motion to dismiss pursuant to 31 U.S.C. ? 3730(c)(2)(A) ("The Government may dismiss [an] action notwithstanding the objections of the person initiating [it] if the person has been notified by the Government of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion.") or as a stipulation of settlement pursuant to 31 U.S.C. ? 3730(c)(2)(B) ("The Government may settle [an] action with the defendant notwithstanding the objections of the person initiating the action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances."), and, if so, whether any hearing is required, see United States ex rel. Kammarayil, No. 15-cv-1699 (BAH), 2019 WL 464820, at *1 (D.D.C. Feb. 6, 2019); (3) why the government's stipulation and proposed order cites Federal Rule of Civil Procedure (41)(a) and 31 U.S.C. ? 3730(b)(1) as its authority to dismiss or settle this case rather than 31 U.S.C. ? 3730(c)(2)(A) or 31 U.S.C. ? 3730(c)(2)(B); (4) why this Court should agree to retain jurisdiction to enforce the terms of a settlement agreement that has been neither filed in nor received by this Court and where any action to enforce the terms of the settlement agreement could appropriately be brought as a separate civil action; (5) clarifying which claims remain at issue in this case; and (6) explaining whether the funds for the payment of any attorneys' fees requested by the Relator pursuant to 31 U.S.C. ? 3730(d)(1), which provides for the award of "reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys' fees and costs," id., with "[a]ll such expenses, fees, and costs... awarded against the defendant," id. would be derived from the settlement reached between the United States and the defendant. Signed by Chief Judge Beryl A. Howell on September 18, 2019. (lcbah4) (Entered: 09/18/2019)
Sep 18, 2019Set/Reset Deadlines: Joint Status Report due by 9/25/2019. (tg) (Entered: 09/18/2019)
210Sep 25, 2019RequestJoint STATUS REPORT by LOUIS SCUTELLARO, UNITED STATES OF AMERICA. (McKnight, H.) (Entered: 09/25/2019)
Sep 25, 2019MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 210 Joint Status Report, the parties to file, by October 3, 2019, a joint status report proposing a schedule for further proceedings, unless a Stipulation of Dismissal signed by all interested parties that will dismiss this matter in its entirety has been filed by that date. The parties should be advised that no order retaining jurisdiction to enforce the settlement agreement will be entered unless an appropriate motion has been made. Signed by Chief Judge Beryl A. Howell on September 25, 2019. (lcbah4) (Entered: 09/25/2019)
Sep 26, 2019Set/Reset Deadlines: Joint Status Report due by 10/3/2019. (tg) (Entered: 09/26/2019)
211Oct 3, 2019RequestJoint STATUS REPORT by UNITED STATES OF AMERICA. (Valdez, Darrell) (Entered: 10/03/2019)
Oct 4, 2019MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 211 Joint Status Report, the parties to file, by October 17, 2019, a joint status report proposing a schedule for further proceedings, unless a Stipulation of Dismissal signed by all interested parties that will dismiss this matter in its entirety has been filed by that date. Signed by Chief Judge Beryl A. Howell on October 4, 2019. (lcbah4) (Entered: 10/04/2019)
Oct 4, 2019Set/Reset Deadlines: Joint Status Report due by 10/17/2019. (tg) (Entered: 10/04/2019)
212Oct 17, 2019RequestJoint STATUS REPORT by LOUIS SCUTELLARO, UNITED STATES OF AMERICA. (McKnight, H.) (Entered: 10/17/2019)
Oct 18, 2019MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 212 Joint Status Report, the parties to file, by October 28, 2019, a joint status report informing the court whether any matters remain unresolved and proposing a schedule for further proceedings, unless a Stipulation of Dismissal signed by all interested parties that will dismiss this matter in its entirety has been filed by that date. Signed by Chief Judge Beryl A. Howell on October 18, 2019. (lcbah4) (Entered: 10/18/2019)
Oct 18, 2019Set/Reset Deadlines: Joint Status Report due by 10/28/2019. (tg) (Entered: 10/18/2019)
213Oct 29, 2019RequestSTATUS REPORT by UNITED STATES OF AMERICA. (Valdez, Darrell) (Entered: 10/29/2019)
Oct 29, 2019MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 213 Joint Status Report, the parties to file, by November 12, 2019, a joint status report advising the court whether any matters remain unresolved and proposing a schedule for further proceedings, unless a Stipulation of Dismissal signed by all interested parties that will dismiss this matter in its entirety has been filed by that date. Signed by Chief Judge Beryl A. Howell on October 29, 2019. (lcbah4) (Entered: 10/29/2019)
Oct 30, 2019Set/Reset Deadlines: Joint Status Report due by 11/12/2019. (tg) (Entered: 10/30/2019)
214Nov 12, 2019RequestJoint STATUS REPORT by UNITED STATES OF AMERICA. (Valdez, Darrell) (Entered: 11/12/2019)
Nov 13, 2019MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 214 Joint Status Report, the parties to file, by November 26, 2019, a joint status report advising the court whether any matters remain unresolved and proposing a schedule for further proceedings, unless a Stipulation of Dismissal signed by all interested parties that will dismiss this matter in its entirety has been filed by that date. Signed by Chief Judge Beryl A. Howell on November 13, 2019. (lcbah4) (Entered: 11/13/2019)
Nov 13, 2019Set/Reset Deadlines: Joint Status Report due by 11/26/2019. (tg) (Entered: 11/13/2019)
215Nov 26, 2019ViewJoint MOTION to Dismiss by United by UNITED STATES OF AMERICA (Attachments: # 1 Exhibit Attachment A, # 2 Exhibit Attachment B, # 3 Text of Proposed Order)(Valdez, Darrell) (Entered: 11/26/2019)
Nov 27, 2019MINUTE ORDER (paperless) upon consideration of the parties' 215 Motion to Dismiss and in light of the settlement agreements reached between the defendant and plaintiffs, see [215-1] Settlement Agreement and [215-2] Agreement for Attorneys' Fees, DISMISSING this case with prejudice with respect to the Relator's claims and with respect to the "Covered Conduct" as set forth in the Settlement Agreement between the United States and Capitol Supply, Inc., see [215-1] Settlement Agreement at 1, but otherwise without prejudice as to the United States, and further ORDERING that the defendant shall comply with the terms and conditions of the [215-1] Settlement Agreement entered into with the United States, and the terms and conditions of the [215-2] Agreement for Attorneys' Fees entered into with Relator. The Court will retain jurisdiction over the enforcement of the terms and conditions of these two settlement agreements. Signed by Chief Judge Beryl A. Howell on November 27, 2019. (lcbah4) (Entered: 11/27/2019)
Nov 27, 2019MINUTE ORDER (paperless) DIRECTING the Clerk of the Court to close this case. Signed by Chief Judge Beryl A. Howell on November 27, 2019. (lcbah4) (Entered: 11/27/2019)

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