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United States Ex Rel. Heesch v. Diagnostic Physicians Group, P.C.

United States District Court, S.D. Alabama, Southern Division

June 9, 2014

UNITED STATES OF AMERICA, ex rel., Christian M. Heesch, Plaintiffs,
v.
DIAGNOSTIC PHYSICIANS GROUP, P.C., et al., Defendants.

ORDER

SONJA F. BIVINS, Magistrate Judge.

This action is before the Court on Relator Christian Heesch's Motion to Quash Two Non-Party Subpoenas served by Defendant Diagnostic and Physician's Group, P.C. (Doc. 205). The motion has been fully briefed, and a discovery conference was conducted on March 29, 2014. Upon consideration of the motion, supporting memorandums and response in opposition, the undersigned finds that the motion is to be GRANTED.

I. Background

This action was originally filed by relator, Christian M. Heesch, against the named Defendant Diagnostic Physicians Group, P.C. and others alleging violations of the False Claims Act ("FCA"). Dr. Heesch alleges that DPG retaliated against him and terminated him because "of his undertaking the subject of the qui tam action as set out in the United States Complaint in Intervention." (Doc. 66 ΒΆ 94). In the instant motion, Dr. Heesch seeks to quash two subpoenas that Diagnostic and Physicians Group, P.C. ("DPG") served on two of Dr. Heech's former employers, namely the University of Pittsburgh of the Commonwealth System of Higher Education ("University of Pittsburgh") and Verde Valley Medical Center ("VVMC")[1]. In the subpoena directed to the University of Pittsburgh, DPG seeks the following categories of information:

(1) any and all documents relating to Dr. Heesch's employment, including admitting and credentialing files, applications, personnel files, professional training and assessment files, and any communications with Dr. Heesch;
(2) any and all documents relating to Dr. Heesch's lawsuit against the University of Pittsburgh, including any research and notes pertains to Dr. Heesch;
(3) all nonprivileged communications with counsel for the Univeristy of Pittsburgh concerning Dr. Heesch's lawsuit against the University;
(4) all communications between Dr. Heesch and Arthur M. Feldman; and
(5) all communications regarding the resolution of Dr. Heesch's lawsuit against the University of Pittsburgh.

(Doc. 205-1)

In the subpoena directed to the VVMC, DPG seeks the following categories of information:

(1) any and all documents relating to Dr. Heesch's employment, including admitting and credentialing files, applications, personnel files, professional training and assessment files, and any communications with Dr. Heesch;
(2) any and all documents relating to Dr. Heesch's lawsuit against the VVMC, including any research and ...

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