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United States, et al., ex rel. Cathy Owsley v. Fazzi Associates, Inc., et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 19-4240 · judgment October 13, 2021

Certiorari denied · October 17, 2022
Pre-decision estimate: 38% cert probability (95% interval 24%–53%)

Before the decision, about 9.1× the 4.1% base rate. The model weighted this up for a federal-government petitioner, a petition filed soon after the judgment below, and counsel with five or more prior petitions here, and down for a business respondent.

Question presented

The question presented here is the same as the question presented in No. 21-462, Johnson v. Bethany Hospice & Palliative Care, LLC, and is the subject of an acknowledged multi-way circuit conflict: Whether Federal Rule of Civil Procedure 9(b) requires plaintiffs in False Claims Act cases who plead a fraudulent scheme with particularity to also plead specific details of false claims.

Counsel of record

For petitioner
Tejinder Singh
Sparacino PLLC

For respondent
Stuart M Gerson
Epstein Becker & Green P.C.

Case

Conference history
Distributed for 3 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Oct 17 2022
    Petition DENIED.
  2. Sep 28 2022
    DISTRIBUTED for Conference of 10/14/2022.
  3. Sep 09 2022
    Brief amicus curiae of United States filed.
    Main DocumentProof of Service
  4. May 16 2022
    The Solicitor General is invited to file a brief in this case expressing the views of the United States.
  5. Apr 20 2022
    DISTRIBUTED for Conference of 5/12/2022.
  6. Apr 20 2022
    Reply of petitioners Owsley, et al. filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  7. Apr 01 2022
    Brief of respondents Fazzi Associates, Inc. et al. in opposition filed.
    Main DocumentProof of ServiceCertificate of Word Count
  8. Feb 08 2022
    Motion to extend the time to file a response is granted and the time is extended to and including April 1, 2022, for all respondents.
  9. Feb 07 2022
    Motion to extend the time to file a response from February 17, 2022 to April 1, 2022, submitted to The Clerk.
    Main Document
  10. Jan 18 2022
    Response Requested. (Due February 17, 2022)
  11. Jan 12 2022
    DISTRIBUTED for Conference of 2/18/2022.
  12. Jan 06 2022
    Waiver of right of respondents Care Connection of Cincinnati, LLC, et al. to respond filed.
    Main Document
  13. Jan 06 2022
    Waiver of right of respondent Fazzi Associates, Inc. to respond filed.
    Main Document
  14. Dec 21 2021
    Petition for a writ of certiorari filed. (Response due January 24, 2022)
    PetitionCertificate of Word CountProof of Service