United States of America et al v. Angiodynamics, Inc (TV3)

Federal Civil Lawsuit Tennessee Eastern District Court, Case No. 3:11-cv-00556
District Judge Thomas A Varlan, presiding
Tags No tags have been applied so far. Sign in to add some.
District Judge Thomas A Varlan
Last Updated December 24, 2016 at 3:45 PM EST (8.1 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

No one has written a summary of this case yet. Sign up or sign in to contribute one.

Parties
No Logo Brian Eberhard, Plaintiff

Represented by Suite 1000

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Kevin J. Darken +1 813 225 1655 +1 813 225 1921 kdarken@tampalawfirm.com
District of Columbia District of Columbia, Plaintiff

Represented by Office of the Attorney General (Nashville)

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Elijah W Swiney +1 615 741 3491 +1 615 532 5734 Eli.Swiney@ag.tn.gov
No Logo State of California, Plaintiff

Represented by Office of the Attorney General (Nashville)

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Elijah W Swiney +1 615 741 3491 +1 615 532 5734 Eli.Swiney@ag.tn.gov
No Logo State of Colorado, Plaintiff

Represented by Office of the Attorney General (Nashville)

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Elijah W Swiney +1 615 741 3491 +1 615 532 5734 Eli.Swiney@ag.tn.gov
No Logo State Of Connecticut, Plaintiff

Represented by Office of the Attorney General (Nashville)

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Elijah W Swiney +1 615 741 3491 +1 615 532 5734 Eli.Swiney@ag.tn.gov
No Logo State of Delaware, Plaintiff

Represented by Office of the Attorney General (Nashville)

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Elijah W Swiney +1 615 741 3491 +1 615 532 5734 Eli.Swiney@ag.tn.gov
No Logo STATE OF FLORIDA, Plaintiff

Represented by Office of the Attorney General (Nashville)

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Elijah W Swiney +1 615 741 3491 +1 615 532 5734 Eli.Swiney@ag.tn.gov
No Logo State of Georgia, Plaintiff

Represented by Office of the Attorney General (Nashville)

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Elijah W Swiney +1 615 741 3491 +1 615 532 5734 Eli.Swiney@ag.tn.gov
No Logo State of Hawaii, Plaintiff

Represented by Office of the Attorney General (Nashville)

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Elijah W Swiney +1 615 741 3491 +1 615 532 5734 Eli.Swiney@ag.tn.gov
No Logo State of Illinois, Plaintiff

Represented by Office of the Attorney General (Nashville)

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Elijah W Swiney +1 615 741 3491 +1 615 532 5734 Eli.Swiney@ag.tn.gov
No Logo State of Indiana, Plaintiff

Represented by Office of the Attorney General (Nashville)

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Elijah W Swiney +1 615 741 3491 +1 615 532 5734 Eli.Swiney@ag.tn.gov
No Logo State of Louisiana, Plaintiff

Represented by Office of the Attorney General (Nashville)

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Elijah W Swiney +1 615 741 3491 +1 615 532 5734 Eli.Swiney@ag.tn.gov
No Logo State of Maryland, Plaintiff

Represented by Office of the Attorney General (Nashville)

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Elijah W Swiney +1 615 741 3491 +1 615 532 5734 Eli.Swiney@ag.tn.gov
No Logo State of Massachusetts, Plaintiff

Represented by Office of the Attorney General (Nashville)

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Elijah W Swiney +1 615 741 3491 +1 615 532 5734 Eli.Swiney@ag.tn.gov
No Logo State of Michigan, Plaintiff

Represented by Office of the Attorney General (Nashville)

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Elijah W Swiney +1 615 741 3491 +1 615 532 5734 Eli.Swiney@ag.tn.gov
No Logo State of Minnesota, Plaintiff

Represented by Office of the Attorney General (Nashville)

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Elijah W Swiney +1 615 741 3491 +1 615 532 5734 Eli.Swiney@ag.tn.gov
No Logo State of Montana, Plaintiff

Represented by Office of the Attorney General (Nashville)

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Elijah W Swiney +1 615 741 3491 +1 615 532 5734 Eli.Swiney@ag.tn.gov
No Logo State of Nevada, Plaintiff

Represented by Office of the Attorney General (Nashville)

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Elijah W Swiney +1 615 741 3491 +1 615 532 5734 Eli.Swiney@ag.tn.gov
No Logo State of New Hampshire, Plaintiff

Represented by Office of the Attorney General (Nashville)

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Elijah W Swiney +1 615 741 3491 +1 615 532 5734 Eli.Swiney@ag.tn.gov
No Logo State of New Jersey, Plaintiff

Represented by Office of the Attorney General (Nashville)

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Elijah W Swiney +1 615 741 3491 +1 615 532 5734 Eli.Swiney@ag.tn.gov
No Logo State Of New Mexico, Plaintiff

Represented by Office of the Attorney General (Nashville)

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Elijah W Swiney +1 615 741 3491 +1 615 532 5734 Eli.Swiney@ag.tn.gov
No Logo State of New York, Plaintiff

Represented by Office of the Attorney General (Nashville)

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Elijah W Swiney +1 615 741 3491 +1 615 532 5734 Eli.Swiney@ag.tn.gov
No Logo STATE OF NORTH CAROLINA, Plaintiff

Represented by Office of the Attorney General (Nashville)

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Elijah W Swiney +1 615 741 3491 +1 615 532 5734 Eli.Swiney@ag.tn.gov
No Logo State of Oklahoma, Plaintiff

Represented by Office of the Attorney General (Nashville)

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Elijah W Swiney +1 615 741 3491 +1 615 532 5734 Eli.Swiney@ag.tn.gov
No Logo State of Rhode Island, Plaintiff

Represented by Office of the Attorney General (Nashville)

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Elijah W Swiney +1 615 741 3491 +1 615 532 5734 Eli.Swiney@ag.tn.gov
No Logo State of Tennessee, Plaintiff

Represented by Office of the Attorney General (Nashville)

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Elijah W Swiney +1 615 741 3491 +1 615 532 5734 Eli.Swiney@ag.tn.gov
No Logo State of Texas, Plaintiff

Represented by Office of the Attorney General (Nashville)

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Elijah W Swiney +1 615 741 3491 +1 615 532 5734 Eli.Swiney@ag.tn.gov
No Logo State of Virginia, Plaintiff

Represented by Office of the Attorney General (Nashville)

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Elijah W Swiney +1 615 741 3491 +1 615 532 5734 Eli.Swiney@ag.tn.gov
No Logo State of Wisconsin, Plaintiff

Represented by Office of the Attorney General (Nashville)

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Elijah W Swiney +1 615 741 3491 +1 615 532 5734 Eli.Swiney@ag.tn.gov
v.
No Logo Angiodynamics, Inc., Defendant
Officer/Director, Abc Bancorp
Officer/Director, Kimberly Clark Corp
Officer/Director, Copytele Inc.
Officer/Director, CINTAS CORP
Officer/Director, NORDSON CORP
Officer/Director, Paychex, Inc.
Officer/Director, Peacock Financial Corp
Officer/Director, Vicor Corp
Officer/Director, Park Electrochemical Corp
Officer/Director, Allied-Signal, Inc.
Officer/Director, Granges Inc
Adobe Systems, Inc. Officer/Director, Adobe Systems, Inc.
Officer/Director, Vical, Inc.
Officer/Director, Good Times Restaurants Inc.
Officer/Director, Scotts Company
Officer/Director, Group Technologies Corp
Officer/Director, Severn Bancorp Inc
Officer/Director, Corvel Corp
Gilead Sciences, Inc. Officer/Director, Gilead Sciences, Inc.
Officer/Director, Boston Scientific Corp
Officer/Director, Amedisys, Inc.
Officer/Director, Digital Power Corp
Officer/Director, Stereotaxis, Inc.
Other Parties
United States of America United States of America, Intervenor Plaintiff

Represented by United States Department of Justice

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED A William Mackie +1 865 545 4167 will.mackie@usdoj.gov
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Robert C McConkey, III +1 865 225 1657 +1 865 545 4792 robert.mcconkey@usdoj.gov
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Elizabeth S Tonkin +1 865 545 4167 +1 865 545 4792 betsy.tonkin@usdoj.gov
Attributes
Citation Section 31 U.S.C. § 3729
Nature of Suit 690 - Forfeiture/Penalty: Other
Timeline
  Entries (29) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
Save 25% on a pre-paid one year subscription.
Legal Document (Payment Possibly Required) 29 Filed: 7/23/2013, Entered: None Unknown Document Type
NOTICE OF STATEMENT OF INTEREST by United States of America (ABF) (Entered: 07/24/2013)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 28 Filed: 6/13/2013, Entered: None Unknown Document TypeCourt Filing
ORDER granting 27 Motion to Re-Seal this case pending resolution of any appeal in this case by the Sixth Circuit Court of Appeals, provided that relator timely files a Notice of Appeal in this case. Signed by Chief District Judge Thomas A Varlan on June 13, 2013. (emailed to counsel of record) (AYB) (Entered: 06/13/2013)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 27 Filed: 5/24/2013, Entered: None Unknown Document Type
MOTION to Seal Case MOTION TO RE-SEAL FILE PENDING APPEAL by Brian Eberhard. (Darken, Kevin) (Entered: 05/24/2013)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 26 Filed: 5/17/2013, Entered: None Unknown Document TypeCourt Filing
ORDER whereby plaintiff-relator Brian Eberhard's Motion for Voluntary Dismissal 20 is GRANTED, plaintiff-relator's claims against defendant are hereby DISMISSED, and the Clerk of Court is DIRECTED to close this case. It is further ORDERED that plaintiff-relator's Motion for Permanent Sealing or, in the Alternative, for Redaction 21 is DENIED and that this case be UNSEALED in its entirety. Signed by Chief District Judge Thomas A Varlan on May 17, 2013. (AYB) (Entered: 05/17/2013)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 25 Filed: 5/17/2013, Entered: None Unknown Document TypeCourt Filing
MEMORANDUM OPINION that in light of the consent notices entered on behalf of the United States and the individual states 23 24 , relator's motion for voluntary dismissal 20 will be GRANTED, the claims against defendant DISMISSED, and this case will be CLOSED. However, relator's motion to seal the case or redact the complaint 21 will be DENIED and, accordingly, this case will be UNSEALED in its entirety. Signed by Chief District Judge Thomas A Varlan on May 17, 2013. (AYB) (Entered: 05/17/2013)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 24 Filed: 4/18/2013, Entered: None Unknown Document Type
STATES' NOTICE OF CONSENT TO VOLUNTARY DISMISSAL WITHOUT PREJUDICE. (ABF) (Entered: 04/19/2013)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 23 Filed: 4/15/2013, Entered: None Unknown Document Type
NOTICE OF CONSENT TO DISMISSAL WITHOUT PREJUDICE by United States of America and RESPONSE to Relator's 21 MOTION for Permanent Sealing or, in the alternative, for redaction. (ABF) Modified text on 4/16/2013 (ABF). (Entered: 04/16/2013)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 22 Filed: 4/4/2013, Entered: None Unknown Document Type
STATES' NOTICE OF ELECTION TO DECLINE INTERVENTION (ABF) (Entered: 04/05/2013)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 21 Filed: 4/3/2013, Entered: None Unknown Document Type
MOTION for Permanent Sealing or, in the alternative, for Redaction of by Brian Eberhard. (ABF) (Entered: 04/03/2013)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 20 Filed: 4/3/2013, Entered: None Unknown Document Type
MOTION for Voluntary Dismissal by Brian Eberhard. (ABF) (Entered: 04/03/2013)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 19 Filed: 4/1/2013, Entered: None Unknown Document Type
NOTICE OF ELECTION TO DECLINE INTERVENTION by United States of America (ABF) (Entered: 04/02/2013)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 18 Filed: 12/19/2012, Entered: None Unknown Document TypeCourt Filing
ORDER that the States' Motion 16 is granted to the extent that the States shall have an extension of six (6) months in which to determine whether to intervene in this action, during which time all filings in this matter shall remain under seal. The the States are hereby ORDERED to file with theCourt ex parte status reports at sixty (60) day intervals from the date of the entry of this order, informing the Court of the status of this case. Furthermore, the Court additionally ORDERS that this case be ADMINISTRATIVELY CLOSED and the seal EXTENDED pending the States intervention decision. Signed by District Judge Thomas A Varlan on 12/19/12. (c/m) (ABF) Modified on 12/19/2012 (ABF). (Entered: 12/19/2012)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 17 Filed: 12/19/2012, Entered: None Unknown Document TypeCourt Filing
ORDER that the Govt's Motion 15 is GRANTED. The Government shall have an extension of six (6) months in which to determine whether to intervene in this action, during which time all filings in this matter shall remain under seal. The government is ORDERED to file with the Court ex parte status reports at sixty (60) day intervals from the date of the entry of this order, informing the Court of the status of this case. Furthermore, the Court additionally ORDERS that this case be ADMINISTRATIVELY CLOSED and the seal EXTENDED pending the governments intervention decision. Signed by District Judge Thomas A Varlan on 12/19/12. (c/m)(ABF) (Entered: 12/19/2012)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 16 Filed: 10/19/2012, Entered: None Unknown Document Type
STATES' SECOND MOTION for Extension of Seal and Election Period (ABF) (Entered: 10/22/2012)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 15 Filed: 10/19/2012, Entered: None Unknown Document Type
MOTION for Extension of Time to Notify Court of Election by United States of America. (ABF) (Entered: 10/22/2012)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 14 Filed: 4/9/2012, Entered: None Unknown Document TypeCourt Filing
ORDER granting the States' 12 Motion for Extension of Seal and Elections Period. The States shall have an extension of time of 9 months, up to and including October 22, 2012 in which to determine whether to intervene in this action. During this time the complaint and all other filings shall remain under seal. Signed by District Judge Thomas A Varlan NUNC PRO TUNC on 1/25/12. (c/e-mailed) (ADA) Modified on 4/9/2012 to note c/m to Swiney) (ADA). (Entered: 04/09/2012)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 13 Filed: 1/25/2012, Entered: None Unknown Document TypeCourt Filing
ORDER granting 10 Motion for Extension of Time to Notify Court of Election up to and including 10/22/12. Signed by District Judge Thomas A Varlan on 1/25/12. (c/m) (ABF) (Entered: 01/25/2012)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 12 Filed: 1/20/2012, Entered: None Unknown Document Type
MOTION for Extension of Seal and Elections Period by State of Tennessee. (Attachments: # 1 Affidavit of Elijah Swiney)(ABF) (Entered: 01/20/2012)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 11 Filed: 1/19/2012, Entered: None Unknown Document Type
STATUS REPORT by United States of America. (ABF) (Entered: 01/20/2012)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 10 Filed: 1/19/2012, Entered: None Unknown Document Type
MOTION for Extension of Time to Notify Court of Election by United States of America. (ABF) (Entered: 01/20/2012)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 9 Filed: 1/17/2012, Entered: None Unknown Document TypeCourt Filing
ORDER granting 8 Motion for Elijah Swiney to Appear Pro Hac Vice. Signed by District Judge Thomas A Varlan on 1/17/12. (c/m to Mr. Swiney) (ABF) (Entered: 01/17/2012)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 8 Filed: 1/9/2012, Entered: None Unknown Document Type
MOTION for Elijah Swiney to Appear Pro Hac Vice (Filing fee $ 60 Paid, Receipt #K3017805.) by State of Tennessee. (Attachments: # 1 Certificates of Good Standing)(ABF) (Entered: 01/10/2012)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 7 Filed: 12/8/2011, Entered: None Unknown Document TypeCourt Filing
ORDER granting 3 Motion for Kevin Darken to Appear Pro Hac Vice. Signed by District Judge Thomas A Varlan on 12/8/11. (c/m) (ABF) (Entered: 12/08/2011)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 6 Filed: 12/2/2011, Entered: None Unknown Document Type
NOTICE OF CERTIFICATE OF GOOD STANDING FROM THE SUPREME COURT OF FLORIDA re 3 MOTION for Kevin Darken to Appear Pro Hac Vice (ABF) (Entered: 12/06/2011)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 5 Filed: 11/29/2011, Entered: None Unknown Document TypeCourt Filing
ORDER granting 2 Motion to Seal Case. Signed by District Judge Thomas A Varlan on 11/29/11. (c/m to plaintiff's counsel) (ABF) (Entered: 11/29/2011)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 4 Filed: 11/23/2011, Entered: None Unknown Document Type
NOTICE of Deficiency re 3 MOTION for Leave to Appear Pro Hac Vice. A certificate of good standing for the highest court of a state, territory or the District of Columbia has not been filed.A motion may be summarily denied if the deficiency is not corrected within 15 days of this Notice. Copy mailed to attorney.(KAW) (Entered: 11/23/2011)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 3 Filed: 11/22/2011, Entered: None Unknown Document Type
MOTION for Leave to Appear Pro Hac Vice for Kevin J Darken, (Filing fee $ 60)(Receipt #K3017478) filed by Brian Eberhard. (KAW) (Entered: 11/23/2011)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 2 Filed: 11/22/2011, Entered: None Unknown Document Type
MOTION to Seal Case pursuant to 31 U.S.C. 3730(b) by Brian Eberhard. (KAW) (Entered: 11/23/2011)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 1 Filed: 11/22/2011, Entered: None Unknown Document Type
COMPLAINT against Angiodynamics, Inc (Filing fee $ 350), filed by Brian Eberhard.(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, # 14 Civil Cover Sheet)(KAW) (Entered: 11/23/2011)
Request RequestSpace LREF

Statistics

This case has been viewed 111 times.

Space
Issues Laws Cases Pro Articles Firms Entities
Issues Laws Cases Pro Articles Firms Entities
 
PlainSite
Sign Up
Need Password Help?