Case 1:14-cv-01215-RLY-DLP Document 108 Filed 03/03/20 Page 1 of 6 PageID #: 670
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`UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF INDIANA
`INDIANAPOLIS DIVISION
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`UNITED STATES OF AMERICA, and the
`STATE OF INDIANA, and ex rel. THOMAS P.
`FISCHER,
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`Plaintiffs,
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`vs.
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`COMMUNITY HEALTH NETWORK, INC.,
`COMMUNITY HEALTH NETWORK
`FOUNDATION, INC., COMMUNITY
`PHYSICIANS OF INDIANA, INC.,
`VISIONARY ENTERPRISES, INC.,
`COMMUNITY SURGERY CENTER-NORTH,
`COMMUNITY SURGERY CENTER- SOUTH,
`COMMUNITY SURGERY CENTER-EAST,
`COMMUNITY SURGERY CENTER-
`HAMILTON, COMMUNITY SURGERY
`CENTER-KOKOMO, COMMUNITY
`SURGERY CENTER-NORTHWEST,
`HANCOCK SURGERY CENTER,
`COMMUNITY ENDOSCOPY CENTER, and
`COMMUNITY DIGESTIVE CENTER,
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`Defendants.
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`Case No.: 1:14-cv-1215-RLY-DLP
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`RELATOR’S MOTION FOR LEAVE OF COURT
`TO FILE SECOND AMENDED COMPLAINT
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`Relator Thomas P. Fischer (“Fischer”), by counsel and pursuant to Rule 15(a) of the
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`Federal Rules of Civil Procedure, respectfully requests that this Court grant him leave to file his
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`Second Amended Complaint (attached as Exhibit 1). In support of his motion, Fischer states as
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`follows:
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`1.
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`Motions for leave to amend the pleadings shall be freely given when justice so
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`requires. Fed. R. Civ. Pro. 15(a)(2).
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`Case 1:14-cv-01215-RLY-DLP Document 108 Filed 03/03/20 Page 2 of 6 PageID #: 671
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`2.
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`Fischer’s First Amended Complaint was filed October 15, 2015, in camera and
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`under seal pursuant to 31 U.S.C. § 3730.
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`3.
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`Summonses have not yet been issued to Defendants by Relator nor have Defendants
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`been served with the First Amended Complaint by Relator; therefore, responsive pleadings have
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`not yet been filed. The Court gave Relator 120 days to serve his complaint (or by April 21, 2020)
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`(ECF 93), following the Court’s lifting of the seal.
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`4.
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`In light of the somewhat unusual procedural posture of this False Claims Act case,
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`Fischer may not technically require leave of Court to amend, but out of an abundance of caution,
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`seeks an order permitting further amendment.
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`5.
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`In the four years since filing the First Amended Complaint, continued investigation
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`of claims has been ongoing and warrants further amendment.
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`6.
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`In the four years since filing the First Amended Complaint, some of the Defendants
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`have changed their business names on file with the State of Indiana, which also warrants further
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`amendment.
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`7.
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`On or about August 8, 2019, The United States of America filed a Motion to
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`Intervene and on January 6, 2020, the Government filed its complaint in intervention.
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`8.
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`Fischer seeks to amend his First Amended Complaint to address issues raised by
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`the United States of America in its Motion to Intervene, its Complaint in Intervention, and evidence
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`and information that has come to light over the past nearly four years.
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`9.
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`Fischer seeks to amend his First Amended Complaint to add new claims and
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`Defendants based upon further evidence and information developed over the past nearly four years.
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`10.
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`In the interest of preserving Court and litigation resources, Relator seeks to have
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`the operative complaint, e.g. the Second Amended Complaint, before the Court now in order to
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`Case 1:14-cv-01215-RLY-DLP Document 108 Filed 03/03/20 Page 3 of 6 PageID #: 672
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`avoid the potential scenario of the Court managing two rounds of briefing on a Motion to Dismiss,
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`one on the First Amended Complaint and a second round on the Second Amended Complaint.
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`11.
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`Should the Court grant Plaintiff’s Motion for Leave to Amend, Relator will serve
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`Summonses and the Second Amended Complaint to all Defendants.
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`12.
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`Counsel for Relator has conferred with counsel for the United States of America
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`about this Motion. The United States has no objection to this Motion.
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`13.
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`Counsel for Relator has conferred with counsel for Community Health Network
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`requesting their consent to this Motion. As of the time of this filing, Community Health Network’s
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`counsel, who just filed appearances in the case today, has not responded to that request.
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`WHEREFORE, Relator Thomas P. Fischer respectfully requests that this Court grant his
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`Motion for Leave of Court to File Second Amended Complaint and accept the attached Second
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`Amended Complaint for immediate filing.
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`Respectfully submitted,
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`/s/ Kathleen A. DeLaney______________
`Kathleen A. DeLaney (#18604-49)
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`DELANEY & DELANEY LLC
`3646 N. Washington Blvd.
`Indianapolis, IN 46205
`Tel. 317.920.0400
`Fax 317.920.0404
`Kathleen@delaneylaw.net
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`Timothy P. McCormack
`VAN MEER & BELANGER PA
`215 Commercial Street
`4th Floor
`Portland, ME 04101
`tmccormack@vblawfirm.com
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`Jay P. Holland
`Veronica B. Nannis
`JOSEPH, GREENWALD & LAAKE, P.A.
`6404 Ivy Lane, Suite 400
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`Greenbelt, MD 20770
`Tel: (301) 220-2200
`Fax: (301) 220-1214
`jholland@jgllaw.com
`vnannis@jgllaw.com
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`Attorneys for Relator Thomas P. Fischer
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`Case 1:14-cv-01215-RLY-DLP Document 108 Filed 03/03/20 Page 5 of 6 PageID #: 674
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`CERTIFICATE OF SERVICE
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`I hereby certify that on the 3rd day of March, 2020, a copy of the foregoing was filed
`electronically. Notice of this filing will be sent to the following parties by operation of the Court’s
`electronic filing system. Parties may access this filing through the Court’s CMECF system.
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`Arthur S. DiDio
`Andy J. Mao
`Sara McLean
`Kelly A. Quinn
`U.S. Department of Justice
`300 North Los Angeles Street
`Federal Building, Room 7516-110
`Los Angeles, CA 90012
`Arthur.Di.Dio@usdoj.gov
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`Shelese Woods
`Justin Olson
`Assistant United States Attorney
`OFFICE OF THE UNITED STATES ATTORNEY
`10 West Market Street, Suite 2100
`Indianapolis, IN 46204
`Shelese.woods@usdoj.gov
`Justin.olson@usdoj.gov
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`Eric Parker Babbs
`Office of the Indiana Attorney General
`Medicaid Fraud Control Unit
`8005 Castleway Drive
`Indianapolis, IN 46250
`Eric.babbs@atg.in.gov
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`Mark Mader
`Office of the Attorney General of Indiana
`Medicaid Fraud Control Unit
`8005 Castleway Drive
`Indianapolis, IN 46250
`Mark.mader@atg.in.gov
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`Marc T. Quigley
`Thomas J. Costakis
`KRIEG DEVAULT LLP
`mquigley@kdlegal.com
`tcostakis@kdlegal.com
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`Case 1:14-cv-01215-RLY-DLP Document 108 Filed 03/03/20 Page 6 of 6 PageID #: 675
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`I further hereby certify that on the 3rd day of March, 2020, a copy of the foregoing
`was personally served to the registered agents of the Defendants as follows:
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`Community Health Network Foundation,
`Inc.
`Attn: Registered Agent - Karen Ann P.
`Lloyd
`7330 Shadeland Station, Ste. 200
`Indianapolis, IN 46256
`East Campus Surgery Center, LLC d/b/a
`Community Surgery Center East
`Attn: Registered Agent - Elizabeth Enlow
`6626 E. 75th St., Ste. 200
`Indianapolis, IN 46250
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`Hamilton Surgery Center, LLC d/b/a
`Community Surgery Center - Hamilton
`Attn: Registered Agent - Elizabeth Enlow
`6626 E. 75th St., Ste. 200
`Indianapolis, IN 46250
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`Hancock Regional Surgery Center, LLC
`Attn: Registered Agent - Elizabeth Enlow
`6626 E. 75th St., Ste. 200
`Indianapolis, IN 46250
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`North Campus Surgery Center LLC d/b/a
`Community Surgery Center North
`Attn: Registered Agent - Elizabeth Enlow
`6626 E. 75th St., Ste 200
`Indianapolis, IN 46250
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`Indianapolis Endoscopy Center, LLP d/b/a
`Community Endoscopy Center
`Attn: Registered Agent - Elizabeth Enlow
`6626 E. 75th St., Ste. 200
`Indianapolis, IN 46250
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`Community Physicians of Indiana, Inc.
`Attn: Registered Agent - Karen Ann P.
`Lloyd
`7330 Shadeland Station, Suite 200
`Indianapolis, IN 46256
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`South Campus Surgery Center, LLC d/b/a
`Community Surgery Center South
`Attn: Registered Agent - Elizabeth Enlow
`6626 E. 75th St., Ste. 200
`Indianapolis, IN 46250
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`Howard Community Surgery Center, LLC
`d/b/a Community Surgery Center-Kokomo
`Attn: Registered Agent - Elizabeth Enlow
`6626 E. 75th Street, Ste. 200
`Indianapolis, IN 46250
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`Northwest Surgery Center, LLC d/b/a
`Community Surgery Center Northwest
`Attn: Registered Agent - Elizabeth Enlow
`6626 E. 75th St., Ste. 200
`Indianapolis, IN 46250
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`Visionary Enterprises, Inc.
`Attn: Registered Agent - Elizabeth Enlow
`6626 E. 75th St., Ste. 200
`Indianapolis, IN 46250
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`Community Endoscopy Center, LLC d/b/a
`Community Digestive Center-Anderson
`Attn: Registered Agent - Elizabeth Enlow
`6626 E. 75th St. Ste. 200
`Indianapolis, IN 46250
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