Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Bourne v. Provider Services Holdings, LLC

United States District Court, S.D. Ohio, Western Division

January 9, 2020

PAULA BOURNE, et al., Plaintiffs,
v.
PROVIDER SERVICES HOLDINGS, LLC, et al., Defendants.

          ORDER CONDITIONALLY GRANTING PLAINTIFFS' MOTION TO FILE UNDER SEAL (DOC. 69)

          TIMOTHY S. BLACK JUDGE

         This civil action is before the Court on Plaintiffs' motion for leave to file certain documents under seal. (Doc. 69).

         I. BACKGROUND

         Plaintiffs commenced this civil action against Defendants, pursuant to the qui tam provisions of the False Claims Act, 31 U.S.C. § 3730(b). (Doc. 32 at ¶ 2). Plaintiffs alleged that Defendants had violated the False Claims Act by: (1) submitting “fraudulent claims for Medicare reimbursement to the United States”; and (2) retaliating against Plaintiffs. (Id. at ¶¶ 2-4).

         On December 12, 2018, the Court entered the parties' Joint Stipulated Protective Order (the “Protective Order”). (Doc. 56). The Protective Order allows the parties to designate certain information exchanged in discovery as “Covered Information.” (Id. at ¶ 1). And the Protective Order requires the parties to file Covered Information in compliance with Local Rule 5.2.1. (Id. at ¶ 5).

         In relevant part, the Protective Order provides as follows:

If a party files a document containing Covered Information with the Court, it shall do so in compliance with Local Rule 5.2.1 and the electronic case filing procedures for the United States District Court for the Southern District of Ohio. The filing of documents under seal shall be without prejudice to the Party's rights under Section 10 of this [Protective] Order.

(Id.)[1]

         On October 29, 2019, the Court established a briefing schedule for the parties' dispositive motions. (Not. Order, Oct. 29, 2019). The briefing schedule provides that: summary judgment motions are due on or before November 8, 2019; responsive memoranda are due on or before December 20, 2019; and reply memoranda are due on or before January 10, 2020. (Id.)

         On November 8, 2019, Defendants filed motions for summary judgment.[2] (Docs. 64, 66). Then, on December 20, 2019, Plaintiffs filed responsive memoranda.[3] (Docs. 70, 71). In connection with their responsive memoranda, Plaintiffs filed a motion for leave to file certain documents under seal (the “Motion to File Under Seal” or the “Motion”). (Doc. 69).

         In relevant part, the Motion to File Under Seal provides as follows:

Plaintiffs are presently preparing to file responses to Defendants' Motions for Summary Judgment in this matter. Certain evidence and deposition testimony cited by Plaintiffs in those responses have been designated “Covered Information” under the Protective Order. Pursuant to Paragraph 5 of the Protective Order, this Covered Information must be filed with this Court under seal.
The Covered Information at issue purportedly includes information regarding certain nonparties' personnel records including compensation, bonus and disciplinary actions; non-public and proprietary business information; and non-public operational, financial and compliance information. Accordingly, Plaintiffs hereby ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.