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UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

______________________________

UNITED STATES OF AMERICA,

ex rel, STEVEN SIMRING,

PLAINTIFFS

Vs. CIVIL NO.

04-3530 (PGS)

UNIVERSITY PHYSICIAN ASSOCIATES,

et al,

DEFENDANTS

______________________________

JANUARY 7, 2013

CLARKSON S. FISHER COURTHOUSE

402 EAST STATE STREET

TRENTON, NEW JERSEY 08608

B E F O R E: THE HONORABLE PETER G. SHERIDAN

U.S. DISTRICT COURT JUDGE

DISTRICT OF NEW JERSEY

HEARING ON MOTION FOR FEES

Certified as true and correct as required

by Title 28, U.S.C. Section 753

/S/ Francis J. Gable

FRANCIS J. GABLE, C.S.R., R.M.R.

OFFICIAL U.S. REPORTER

(856) 889-4761

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A P P E A R A N C E S:

STONE & MAGNANINI, LLP

BY: ROBERT A. MAGNANINI, ESQUIRE

DAVID S. STONE, ESQUIRE

DAVID S. CHASE, ESQUIRE

FOR THE PLAINTIFF

McELROY, DEUTSCH, MULVANEY & CARPENTER, LLP

BY: WALTER F. TIMPONE, ESQUIRE

KRISTOFFER S. BURFITT, ESQUIRE

FOR THE DEFENDANT

HARRY LITMAN, ESQUIRE

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THE COURT: So this is the matter of Simring versus

University Physician Associates. Can we have appearances?

We'll start with the plaintiffs.

MR. MAGNANINI: Yes, your Honor, Robert Magnanini,

David Stone and David Chase from the firm of Stone and

Magnanini for plaintiff Dr. Simring. And with me I also have

Harry Litman who is Dr. Simring's attorney since 2005.

THE COURT: Good afternoon.

MR. LITMAN: Judge, I was just going to say that I'm

actually here only for the purpose of the fees relating to

Stone and Magnanini, but I don't intend to present argument

unless your Honor wants it on that issue.

THE COURT: Okay, thank you.

MR. TIMPONE: Walter Timpone, your Honor, McElroy,

Deutsch, Mulvaney and Carpenter, with Chris Burfitt on behalf

of UMDNJ.

THE COURT: Good afternoon.

I have the report and recommendation from Judge

Arleo, and there's been objections filed by Stone and

Magnanini, so do you wish to argue?

MR. MAGNANINI: Yes, your Honor.

THE COURT: All right. It's your turn.

MR. MAGNANINI: Thank you, your Honor.

THE COURT: So I would think that if we could spend

10 minutes each, and move on from there if that's okay.

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MR. MAGNANINI: Good, your Honor, I'll just hit the

high points. Your Honor, I guess to just start off is you

have the basic question are why are we here, and this is

something more than lawyers fighting about their fees.

Especially in the context of the False Claims Act, and Section

3730(d)(1) provides that a prevailing party get its fees. And

there's no dispute here that Dr. Simring was a prevailing

party. He bought a qui tam back in 2004 against UMDMJ. What

they were doing was they were double billing the government

for the same services, and this fraud had been going on for at

least four years. Dr. Simring had gone to his supervisors,

tried to get this fraud stopped and their methodology changed,

that failed. So in 2004 he retained Mr. Furst to file a qui

tam action which he did.

The qui tam proceeded along until I guess July of

2005. At this point Dr. Simring brought in Mr. Litman and to

handle negotiations with the government, and a 11th Amendment

issue under the Stevens case. Which was whether UMDNJ, which

was a quasi state agency, could be sued as an arm of the

state, or was it immune to suit.

Mr. Litman and Mr. Furst presented an amended

complaint and filed that. They worked with the Government and

the U.S. Attorney for the District of New Jersey, ended up

negotiating a deferred prosecution agreement with UMDNJ. That

ended the criminal part of the investigation.

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At that point the U.S. Attorney's Office for New

Jersey was recused from the matter, and the entire case was

handled by the main justice of the Department of Justice in

Washington, DC. And Mr. Litman and Mr. Furst litigated this

case from 2005 then, all the way through the settlement in

June of 2009.

And what they had to do was fight a lot of advocacy

on behalf of UMDNJ, that their amended complaint would survive

any sort of 9(b) motion, that the Stevens case and the 11th

Amendment did not pose a threat to the case, and convince the

government to both intervene and settle the case. That

happened in --

THE COURT: I think you should focus on -- why don't

you tell me why you think Judge Arleo was wrong in her --

MR. MAGNANINI: That's what I'm getting to, your

Honor. This is an odd case in that both the parties agree

that we're entitled to fees. What Judge Arleo's R & R does

that we think is wrong is that -- is that it does more than

reduce the prevailing party's attorneys fees. What it does is

it undercuts the purposes of Congress's intent by the fee

shifting statutes, by rewarding delay and deterring people

from filing cases in New Jersey.

And as Mr. Stone had said earlier, he was here

because Stone and Magnanini, which was retained by Dr. Simring

to pursue just the fee litigation after the case was settled,

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we worked on the case for three years and our fee petition was

not even before Judge Arleo, but it was presumptively denied

that we would receive nothing.

So we found that position initially to be both what

Citizens v. Overton Park said arbitrary and capricious. This

cannot stand, it avoids Congress' intent, it's against Supreme

Court precedent and against the precedent throughout the Third

Circuit. And so when we were looking --

THE COURT: What do you think about -- you know, you

had both billing in certain instances where a whole bunch of

tasks were raised under one entry on the bills, and then Judge

Arleo seemed to try to figure out how do I deal with this

because there was different rates for research work as opposed

to regular work. And she spent a lot of time looking at the

case and trying to come up with a just decision.

MR. MAGNANINI: I understand that, your Honor. In

all of our dealings with Judge Arleo she's always been a

thoughtful and intelligent judge, we just disagree with this.

One thing is we do a lot of False Claims Act work at Stone and

Magnanini, we have maybe 40 False Claims Act, and we bill in

block billing because it's allowed under the Third Circuit

precedent, and it's allowed in the District under Judge

Wigenton's NCH case. And even in Pennsylvania where we've

done it, too.

And one of the other things despite beyond the

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dispute with the block billing, was the idea that different --

you should get rewarded different amounts per hour for

different tasks. Mr. Litman and Mr. Furst both prosecuted

this case, they only have each other in their respective

firms. There was no one Mr. Litman could get to do the

research for him. And I can tell you at our small firm of

nine lawyers, even though we have associates that do research,

David and I as the partners read the research, we look at

things ourself to make sure things get done.

And when you look at the Third Circuit precedent

there isn't a distinction made for making -- you know, I think

at one point Judge Arleo suggested that if you did ministerial

tasks you'd only be awarded $95 an hour. And again, for false

claims practitioners, the most important things we do are

those ministerial tasks, we talk to the Government, we talk to

the client.

THE COURT: One other point I'd like you to address

is, UMDNJ, the University of Dentistry and Medicine of New

Jersey, one of the problems is, it's teetering on whether it

will continue in the sense that I think there's been a new

legislative action where some of the work goes to Rutgers and

maybe the hospital stands by itself. But as a result, how do

you handle a defendant in this case who doesn't have that much

financial capability. Can it be handled or thought about when

I decide this case?

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MR. MAGNANINI: Well your Honor, I think there's two

parts to that question. One is, as I was saying, my partner's

favorite analogy is the kid pleading the court for mercy in

murder for killing his parents because he's an orphan. The

reason UMDMJ is in this position is they were committing fraud

and stealing money, not just from the federal government, but

from the state government as well. And then they settled that

case, and -- but as part of the settlement to deter people

from doing this in the future and to offset costs to the

relator, is they have to pay the fees. And if you look at all

the Third Circuit fee dispute cases, ability to pay just

doesn't ever come into it, it's not a viable part of the

calculations.

THE COURT: So, if you get a judgment and they can't

pay, you're up the creek.

MR. MAGNANINI: We would be, although what I've seen

actually in other False Claims Act cases, your Honor, is we

see actually where entities have claimed that they were going

to go under and something like that, we've seen deterred

payment schedules.

Now, I'm not -- Mr. Litman's looking at me with

daggers probably, I don't want some five year note --

THE COURT: He's not.

MR. MAGNANINI: -- on an eight year old case here.

But that I've seen get put into effect when entities have said

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they can't pay, but as a Court you're not allowed to consider

their financial position. The reason they have to pay is they

committed this fraud. And of course, we're in this position

too, which was had this case been wrapped up and had the fees

been paid back in June of 2009, you would have had a lower

rate from Mr. Litman and Mr. Furst; you would have had no

costs incurred by Stone and Magnanini, we would have happily

gone on our way and worked on our other cases; and the fees

petition wouldn't be as large as it is.

And the problem with this is, the longer the

litigation continues, the more fees we amass, and the more

costs UMDNJ --

THE COURT: What if I grant your request on your

application of fees on -- fees on fees is what we've been

referring it to, so if I do that how do I proceed on the case?

MR. MAGNANINI: I think what you'd have to do, your

Honor, is procedurally vacate the R & R, and then make a

finding on the actual amount --

THE COURT: I'll figure that out that --

MR. MAGNANINI: -- of fees to be awarded.

THE COURT: Then what do I do, you're going to

submit --

MR. MAGNANINI: Then I believe we would have to

submit an application for fees. And besides Stone and

Magnanini, Mr. Litman and Mr. Furst have incurred fees

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collecting their fees as well, your Honor. That's what I was

saying, that in some cases the Department of Justice tries to

get this all done at once. So the fee part gets settled along

with the regular qui tam case and then it's all done.

THE COURT: Can I split this case in two and resolve

the fees under the main case, and then have a second

proceeding with regard to fees on fees?

MR. MAGNANINI: I believe you could do that, your

Honor, and I'd actually wouldn't object to that. That will

get Mr. Simring's and his other lawyers paid sooner, that'd be

good.

THE COURT: Do you have any other points?

MR. MAGNANINI: No, your Honor. You've got our

papers, we've got -- I believe the Third Circuit and the

Supreme Court precedent favors us on this one, and we'll --

you know, as they said, if you have the law pound on the law,

I think we have that; if you have the facts pound on the

facts, I think we have that so I won't pound on the table.

THE COURT: Okay. That's great. But the problem

you have is there's been a order that enters an award of

$363,000, and Judge Arleo seems to have spent a significant

amount of time trying to come up with a reasonable amount in

light of the circumstances and the facts and the time spent by

the lawyers. So I don't know if the law helps you on that or

whatever, you know.

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MR. MAGNANINI: I think the law does, your Honor.

When you go through the Third Circuit cases it talks about

specific entries that can be cut. And Judge Arleo focused on

specific entries when dealing with the legal research

conducted by Mr. Litman and Mr. Furst. But then as you went

through each of the other categories there weren't any

specific entries cited, there were just of broad --

THE COURT: The problem with Mr. Litman -- I forget

his hourly rate, but --

MR. MAGNANINI: It's 825, your Honor.

THE COURT: Right.

MR. MAGNANINI: It was.

THE COURT: It's hard to grant as reasonable $825 an

hour for research is really the issue that people have.

MR. MAGNANINI: Again, your Honor, the problem I

have -- and I'm not arguing on behalf of the solo and small

firm practice group of the bar, but when you only have one

person in the office -- and when you look at Mr. Litman's

other specific entries for research, they're not 10 hours, 20

hours, they're .5, they're .7, they're .4.

THE COURT: I understand, I was just making a point.

MR. MAGNANINI: I understand, your Honor.

THE COURT: All right, thank you.

Mr. Timpone.

MR. TIMPONE: Thank you, Judge. Judge, Judge Arleo

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produced a comprehensive and thoughtful 34 page report. She

gave them more than we asked her to give them and gave them

less than they asked for. Importantly she supported her

report at return.

Now, the plaintiff has assails the report as

accepting a wildly, inaccurate and trivializing account of FCA

advocacy. We're are assailed for causing delay by challenging

fees of over a million dollars on a case that was never

litigated; no depositions, no interrogatories, no motion

practice, no document discovery, no pro hac vice motion,

Judge.

And all of that is because when we entered into a

deferred prosecution agreement with the government on the

criminal side of the house, and admitted the double billing,

plaintiff only had to ride the government's coat-tails to

recovery.

THE COURT: But when you go through the bills, there

was so many meetings they attended and the plaintiff's lawyers

had spent significant time with the Department of Justice

trying to get through the case, giving the Department of

Justice the facts that they had developed during the

investigation, things of that matter, you know.

MR. TIMPONE: Except, Judge, that the United States

Attorney's Office did its own investigation, and they did a

criminal investigation and at the end of the day we agreed to

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enter into a deferred prosecution agreement and we -- we

basically admitted to the fraud. So, a lot of the work was

done by that time.

And so, the role that we have taken is that -- that

we are in a position of trying to -- to defend a teetering

university trying to stay afloat. And there is case law on

this, Judge, and there's case law on this in this Circuit that

talks about, you know, making sure that hospitals and

universities are not -- are not impacted by paying unwarranted

fees.

DOJ recognized that situation when it agreed to

forego it's traditional demand of treble damages in favor of

simply recovering the monies overbilled plus interest. So

instead of a $17 million demand, DOJ agreed to a $4.4 million

settlement, with Dr. Simring receiving $800,000.

That takes into account the fact that this is a

public university, a public hospital, which is probably not

going to be in existence for much longer. And the reason that

it's not going to be in existence much longer has nothing to

do with this case and the deferred prosecution agreement. It

is a lot to do with the fact that UMDNJ exists to serve a

community in Newark in Essex County, that is -- that is

unrepresented by insureds, and is filled with charity care. I

mean just filled with charity care that the university

provides without receiving sufficient remuneration.

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And that's not a discussion for us today, but it is

an example of some of the things that have gone on with

UMDNJ --

THE COURT: In your brief, Mr. Timpone, did you

refer to a case or cite a case that says the Court can

consider the financial status?

MR. TIMPONE: Yes, Judge, it's the West Chester

University of Pennsylvania case, and I can grab you the cite.

THE COURT: I got it. Thank you. And what do you

think about the fee on fee case? It seems to me that there's

been a dispute all along about the fees of the plaintiff, and

Stone and Magnanini has spent a lot of time trying to come up

with a reasonable value on the fees of plaintiffs. What's

your viewpoint on that?

MR. TIMPONE: I'm happy to take a look at their

application and to make a determination from that point,

Judge.

THE COURT: All right. So if I allow it and there

is an application you'd reviewed their application? All

right.

MR. TIMPONE: And then we can meet again.

THE COURT: All right. Any other issues that you

have?

MR. TIMPONE: No, Judge, just that we'll rely on our

briefs and thank you for your time this morning.

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THE COURT: All right, thank you.

So, I'll review the brief once more, as well as the

report and recommendation, and I'll make some findings with

regard to it, and a new schedule. I should say that we did

attempt to settle -- or I tried to settle, but the parties are

very far apart. So, we'll just continue with the report and

recommendation phase.

So if you give me like three or four weeks I should

have an answer.

(Counsel say thank you.)

THE COURT: All right. Thank you for coming.

THE DEPUTY CLERK: All rise.

(Matter concluded.)

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$

$17 [1] - 13:14

$363,000 [1] - 10:21

$800,000 [1] - 13:15

$825 [1] - 11:13

$95 [1] - 7:13

/

/S [1] - 1:24

0

04-3530 [1] - 1:6

08608 [1] - 1:12

1

10 [2] - 3:25, 11:19

11th [2] - 4:17, 5:9

2

20 [1] - 11:19

2004 [2] - 4:8, 4:13

2005 [3] - 3:7, 4:16,

5:5

2009 [2] - 5:6, 9:5

2012 [1] - 1:10

28 [1] - 1:23

3

34 [1] - 12:1

3730(d)(1 [1] - 4:6

4

4 [1] - 11:20

4.4 [1] - 13:14

40 [1] - 6:20

402 [1] - 1:11

5

5 [1] - 11:20

7

7 [2] - 1:10, 11:20

753 [1] - 1:23

8

825 [1] - 11:10

856 [1] - 1:25

889-4761 [1] - 1:25

9

9(b [1] - 5:9

A

ability [1] - 8:11

accepting [1] - 12:6

account [2] - 12:6,

13:16

Act [4] - 4:5, 6:19,

6:20, 8:17

action [2] - 4:14, 7:21

actual [1] - 9:18

address [1] - 7:17

admitted [2] - 12:14,

13:2

advocacy [2] - 5:7,

12:7

afloat [1] - 13:6

afternoon [2] - 3:8,

3:17

agency [1] - 4:19

agree [1] - 5:16

agreed [3] - 12:25,

13:11, 13:14

agreement [4] - 4:24,

12:13, 13:1, 13:20

al [1] - 1:7

allow [1] - 14:18

allowed [3] - 6:21,

6:22, 9:1

amass [1] - 9:11

amended [2] - 4:21,

5:8

Amendment [2] -

4:17, 5:10

AMERICA [1] - 1:4

amount [3] - 9:18,

10:22

amounts [1] - 7:2

analogy [1] - 8:3

answer[1] - 15:9

apart [1] - 15:6

appearances [1] - 3:2

application [5] - 9:14,

9:24, 14:16, 14:19

arbitrary [1] - 6:5

argue [1] - 3:20

arguing [1] - 11:16

argument [1] - 3:11

Arleo [9] - 3:19, 5:14,

6:2, 6:12, 6:17, 7:12,

10:21, 11:3, 11:25

Arleo's [1] - 5:17

arm [1] - 4:19

assailed [1] - 12:7

assails [1] - 12:5

Associates [1] - 3:2

ASSOCIATES [1] - 1:7

associates [1] - 7:7

attempt [1] - 15:5

attended [1] - 12:18

Attorney [1] - 4:23

attorney [1] - 3:7

Attorney's [2] - 5:1,

12:24

attorneys [1] - 5:19

avoids [1] - 6:6

award [1] - 10:20

awarded [2] - 7:13,

9:20

B

bar[1] - 11:17

basic [1] - 4:3

behalf [3] - 3:15, 5:8,

11:16

beyond [1] - 6:25

bill [1] - 6:20

billing [5] - 4:9, 6:10,

6:21, 7:1, 12:14

bills [2] - 6:11, 12:17

block [2] - 6:21, 7:1

bought [1] - 4:8

brief [2] - 14:4, 15:2

briefs [1] - 14:25

broad [1] - 11:7

brought [1] - 4:16

bunch [1] - 6:10

BURFITT [1] - 2:8

Burfitt [1] - 3:15

BY [2] - 2:4, 2:8

C

C.S.R [1] - 1:24

calculations [1] - 8:13

cannot [1] - 6:6

capability [1] - 7:24

capricious [1] - 6:5

care [2] - 13:23, 13:24

CARPENTER [1] - 2:7

Carpenter [1] - 3:15

case [30] - 4:18, 5:2,

5:5, 5:9, 5:10, 5:11,

5:16, 5:25, 6:1, 6:15,

6:23, 7:4, 7:23, 7:25,

8:8, 8:24, 9:4, 9:15,

10:4, 10:5, 10:6,

12:8, 12:20, 13:6,

13:7, 13:20, 14:5,

14:8, 14:10

cases [6] - 5:22, 8:11,

8:17, 9:8, 10:2, 11:2

categories [1] - 11:6

causing [1] - 12:7

certain [1] - 6:10

Certified [1] - 1:23

challenging [1] - 12:7

changed [1] - 4:12

charity [2] - 13:23,

13:24

CHASE [1] - 2:5

Chase [1] - 3:5

Chester [1] - 14:7

Chris [1] - 3:15

Circuit [7] - 6:8, 6:21,

7:10, 8:11, 10:14,

11:2, 13:7

circumstances [1] -

10:23

cite [2] - 14:5, 14:8

cited [1] - 11:7

Citizens [1] - 6:5

CIVIL [1] - 1:6

claimed [1] - 8:18

claims [1] - 7:14

Claims [4] - 4:5, 6:19,

6:20, 8:17

CLARKSON [1] - 1:11

CLERK [1] - 15:12

client [1] - 7:16

coat [1] - 12:15

coat-tails [1] - 12:15

collecting [1] - 10:1

coming [1] - 15:11

committed [1] - 9:3

committing [1] - 8:5

community [1] - 13:22

complaint [2] - 4:22,

5:8

comprehensive [1] -

12:1

concluded [1] - 15:13

conducted [1] - 11:5

Congress' [1] - 6:6

Congress's [1] - 5:20

consider [2] - 9:1,

14:6

context [1] - 4:5

continue [2] - 7:20,

15:6

continues [1] - 9:11

convince [1] - 5:10

correct [1] - 1:23

costs [3] - 8:9, 9:7,

United States District Court

Trenton, New Jersey

16

9:12

Counsel [1] - 15:10

County [1] - 13:22

course [1] - 9:3

court [1] - 8:3

COURT [31] - 1:1,

1:15, 3:1, 3:8, 3:13,

3:17, 3:22, 3:24,

5:13, 6:9, 7:17, 8:14,

8:23, 9:13, 9:19,

9:21, 10:5, 10:12,

10:19, 11:8, 11:11,

11:13, 11:21, 11:23,

12:17, 14:4, 14:9,

14:18, 14:22, 15:1,

15:11

Court [4] - 6:7, 9:1,

10:15, 14:5

COURTHOUSE [1] -

1:11

creek [1] - 8:15

criminal [3] - 4:25,

12:14, 12:25

cut [1] - 11:3

D

daggers [1] - 8:22

damages [1] - 13:12

DAVID [2] - 2:5, 2:5

David [3] - 3:5, 7:8

DC [1] - 5:4

deal [1] - 6:12

dealing [1] - 11:4

dealings [1] - 6:17

decide [1] - 7:25

decision [1] - 6:15

defend [1] - 13:5

defendant [1] - 7:23

DEFENDANT [1] - 2:9

DEFENDANTS [1] -

1:8

deferred [4] - 4:24,

12:13, 13:1, 13:20

delay [2] - 5:21, 12:7

demand [2] - 13:12,

13:14

denied [1] - 6:2

Dentistry [1] - 7:18

Department [4] - 5:3,

10:2, 12:19, 12:20

depositions [1] - 12:9

DEPUTY [1] - 15:12

despite [1] - 6:25

deter [1] - 8:8

determination [1] -

14:16

deterred [1] - 8:19

deterring [1] - 5:21

Case 3:04-cv-03530-PGS-DEA Document 168 Filed 05/22/14 Page 16 of 19 PageID: 1734
DEUTSCH [1] - 2:7

Deutsch [1] - 3:15

developed [1] - 12:21

different [4] - 6:13,

7:1, 7:2, 7:3

disagree [1] - 6:18

discovery [1] - 12:10

discussion [1] - 14:1

dispute [4] - 4:7, 7:1,

8:11, 14:11

distinction [1] - 7:11

District [2] - 4:23, 6:22

DISTRICT [4] - 1:1,

1:1, 1:15, 1:16

document [1] - 12:10

DOJ [2] - 13:11, 13:14

dollars [1] - 12:8

done [5] - 6:24, 7:9,

10:3, 10:4, 13:3

double [2] - 4:9, 12:14

Dr[7] - 3:6, 3:7, 4:7,

4:11, 4:16, 5:24,

13:15

during [1] - 12:21

E

EAST [1] - 1:11

effect [1] - 8:25

eight [1] - 8:24

end [1] - 12:25

ended [2] - 4:23, 4:25

enter [1] - 13:1

entered [1] - 12:12

enters [1] - 10:20

entire [1] - 5:2

entities [2] - 8:18,

8:25

entitled [1] - 5:17

entries [4] - 11:3,

11:4, 11:7, 11:19

entry [1] - 6:11

Especially [1] - 4:5

ESQUIRE [6] - 2:4,

2:5, 2:5, 2:8, 2:8,

2:10

Essex [1] - 13:22

et [1] - 1:7

ex [1] - 1:4

example [1] - 14:2

Except [1] - 12:23

existence [2] - 13:18,

13:19

exists [1] - 13:21

F

fact [2] - 13:16, 13:21

facts [4] - 10:17,

10:18, 10:23, 12:21

failed [1] - 4:13

false [1] - 7:13

False [4] - 4:5, 6:19,

6:20, 8:17

far [1] - 15:6

favor[1] - 13:12

favorite [1] - 8:3

favors [1] - 10:15

FCA [1] - 12:6

federal [1] - 8:6

fee [7] - 5:20, 5:25,

6:1, 8:11, 10:3,

14:10

fees [23] - 3:10, 4:4,

4:6, 5:17, 5:19, 8:10,

9:4, 9:8, 9:11, 9:14,

9:20, 9:24, 9:25,

10:1, 10:6, 10:7,

12:8, 13:10, 14:11,

14:13

FEES [1] - 1:20

fight [1] - 5:7

fighting [1] - 4:4

figure [2] - 6:12, 9:19

file [1] - 4:13

filed [2] - 3:19, 4:22

filing [1] - 5:22

filled [2] - 13:23, 13:24

financial [3] - 7:24,

9:2, 14:6

findings [1] - 15:3

firm [3] - 3:5, 7:6,

11:17

firms [1] - 7:5

FISHER [1] - 1:11

five [1] - 8:22

focus [1] - 5:13

focused [1] - 11:3

FOR [3] - 1:20, 2:6,

2:9

forego [1] - 13:12

forget [1] - 11:8

four[2] - 4:11, 15:8

Francis [1] - 1:24

FRANCIS [1] - 1:24

fraud [5] - 4:10, 4:12,

8:5, 9:3, 13:2

Furst [7] - 4:13, 4:21,

5:4, 7:3, 9:6, 9:25,

11:5

future [1] - 8:9

G

Gable [1] - 1:24

GABLE [1] - 1:24

government [6] - 4:9,

4:17, 5:11, 8:6, 8:7,

12:13

Government [2] -

4:22, 7:15

government's [1] -

12:15

grab [1] - 14:8

grant [2] - 9:13, 11:13

great [1] - 10:19

group [1] - 11:17

guess [2] - 4:2, 4:15

H

hac [1] - 12:10

handle [2] - 4:17, 7:23

handled [2] - 5:3, 7:24

happily [1] - 9:7

happy [1] - 14:15

hard [1] - 11:13

HARRY [1] - 2:10

Harry [1] - 3:7

HEARING [1] - 1:20

helps [1] - 10:24

high [1] - 4:2

hit [1] - 4:1

Honor [19] - 3:4, 3:12,

3:14, 3:21, 3:23, 4:1,

4:2, 5:16, 6:16, 8:1,

8:17, 9:17, 10:1,

10:9, 10:13, 11:1,

11:10, 11:15, 11:22

HONORABLE [1] -

1:15

hospital [2] - 7:22,

13:17

hospitals [1] - 13:8

hour [3] - 7:2, 7:13,

11:14

hourly [1] - 11:9

hours [2] - 11:19,

11:20

house [1] - 12:14

I

idea [1] - 7:1

immune [1] - 4:20

impacted [1] - 13:9

important [1] - 7:14

Importantly [1] - 12:3

inaccurate [1] - 12:6

incurred [2] - 9:7, 9:25

instances [1] - 6:10

instead [1] - 13:14

insureds [1] - 13:23

intelligent [1] - 6:18

intend [1] - 3:11

intent [2] - 5:20, 6:6

interest [1] - 13:13

interrogatories [1] -

12:9

intervene [1] - 5:11

investigation [4] -

4:25, 12:22, 12:24,

12:25

issue [3] - 3:12, 4:18,

11:14

issues [1] - 14:22

itself [1] - 7:22

J

JANUARY [1] - 1:10

Jersey [4] - 4:23, 5:2,

5:22, 7:19

JERSEY [3] - 1:1,

1:12, 1:16

Judge [20] - 3:9, 3:18,

5:14, 5:17, 6:2, 6:11,

6:17, 6:22, 7:12,

10:21, 11:3, 11:25,

12:11, 12:23, 13:7,

14:7, 14:17, 14:24

judge [1] - 6:18

JUDGE [1] - 1:15

judgment [1] - 8:14

July [1] - 4:15

June [2] - 5:6, 9:5

justice [1] - 5:3

Justice [4] - 5:3, 10:2,

12:19, 12:21

K

kid [1] - 8:3

killing [1] - 8:4

KRISTOFFER [1] - 2:8

L

large [1] - 9:9

law [6] - 10:16, 10:24,

11:1, 13:6, 13:7

lawyers [5] - 4:4, 7:7,

10:10, 10:24, 12:18

least [1] - 4:11

legal [1] - 11:4

legislative [1] - 7:21

less [1] - 12:3

light [1] - 10:23

litigated [2] - 5:4, 12:9

litigation [2] - 5:25,

9:11

LITMAN [2] - 2:10, 3:9

Litman [10] - 3:7, 4:16,

United States District Court

Trenton, New Jersey

17

4:21, 5:4, 7:3, 7:5,

9:6, 9:25, 11:5, 11:8

Litman's [2] - 8:21,

11:18

LLP [2] - 2:4, 2:7

look [5] - 7:8, 7:10,

8:10, 11:18, 14:15

looking [3] - 6:8, 6:14,

8:21

lower [1] - 9:5

M

MAGNANINI [21] - 2:4,

2:4, 3:4, 3:21, 3:23,

4:1, 5:15, 6:16, 8:1,

8:16, 8:24, 9:16,

9:20, 9:23, 10:8,

10:13, 11:1, 11:10,

11:12, 11:15, 11:22

Magnanini [9] - 3:4,

3:6, 3:11, 3:20, 5:24,

6:20, 9:7, 9:25,

14:12

main [2] - 5:3, 10:6

matter [3] - 3:1, 5:2,

12:22

Matter[1] - 15:13

McElroy [2] - 2:7, 3:14

mean [1] - 13:24

Medicine [1] - 7:18

meet [1] - 14:21

meetings [1] - 12:18

mercy [1] - 8:3

methodology [1] -

4:12

million [3] - 12:8,

13:14

ministerial [2] - 7:12,

7:15

minutes [1] - 3:25

money [1] - 8:6

monies [1] - 13:13

morning [1] - 14:25

most [1] - 7:14

MOTION [1] - 1:20

motion [3] - 5:9, 12:9,

12:10

move [1] - 3:25

MR [27] - 3:4, 3:9,

3:14, 3:21, 3:23, 4:1,

5:15, 6:16, 8:1, 8:16,

8:24, 9:16, 9:20,

9:23, 10:8, 10:13,

11:1, 11:10, 11:12,

11:15, 11:22, 11:25,

12:23, 14:7, 14:15,

14:21, 14:24

MULVANEY [1] - 2:7

Case 3:04-cv-03530-PGS-DEA Document 168 Filed 05/22/14 Page 17 of 19 PageID: 1735
Mulvaney [1] - 3:15

murder [1] - 8:4

N

NCH [1] - 6:23

negotiating [1] - 4:24

negotiations [1] - 4:17

never[1] - 12:8

NEW [3] - 1:1, 1:12,

1:16

new [2] - 7:20, 15:4

New [4] - 4:23, 5:1,

5:22, 7:18

Newark [1] - 13:22

nine [1] - 7:7

NO [1] - 1:6

note [1] - 8:22

nothing [2] - 6:3,

13:19

O

object [1] - 10:9

objections [1] - 3:19

odd [1] - 5:16

OF [3] - 1:1, 1:4, 1:16

office [1] - 11:18

Office [2] - 5:1, 12:24

OFFICIAL [1] - 1:25

offset [1] - 8:9

old [1] - 8:24

ON [1] - 1:20

once [2] - 10:3, 15:2

one [7] - 6:11, 6:25,

7:5, 7:12, 7:19,

10:15, 11:17

One [3] - 6:19, 7:17,

8:2

opposed [1] - 6:13

order[1] - 10:20

orphan [1] - 8:4

ourself [1] - 7:9

overbilled [1] - 13:13

Overton [1] - 6:5

own [1] - 12:24

P

page [1] - 12:1

paid [2] - 9:5, 10:10

papers [1] - 10:14

parents [1] - 8:4

Park [1] - 6:5

part [4] - 4:25, 8:8,

8:12, 10:3

parties [2] - 5:16, 15:5

partner's [1] - 8:2

partners [1] - 7:8

parts [1] - 8:2

party [2] - 4:6, 4:8

party's [1] - 5:19

pay [5] - 8:10, 8:11,

8:15, 9:1, 9:2

paying [1] - 13:9

payment [1] - 8:20

Pennsylvania [2] -

6:23, 14:8

people [3] - 5:21, 8:8,

11:14

per[1] - 7:2

person [1] - 11:18

PETER [1] - 1:15

petition [2] - 6:1, 9:9

PGS [1] - 1:6

phase [1] - 15:7

Physician [1] - 3:2

PHYSICIAN [1] - 1:7

PLAINTIFF [1] - 2:6

plaintiff [4] - 3:6, 12:5,

12:15, 14:11

plaintiff's [1] - 12:18

plaintiffs [2] - 3:3,

14:13

PLAINTIFFS [1] - 1:5

pleading [1] - 8:3

plus [1] - 13:13

point [6] - 4:16, 5:1,

7:12, 7:17, 11:21,

14:16

points [2] - 4:2, 10:12

pose [1] - 5:10

position [5] - 6:4, 8:5,

9:2, 9:3, 13:5

pound [3] - 10:16,

10:17, 10:18

practice [2] - 11:17,

12:10

practitioners [1] -

7:14

precedent [5] - 6:7,

6:22, 7:10, 10:15

present [1] - 3:11

presented [1] - 4:21

presumptively [1] -

6:2

prevailing [3] - 4:6,

4:7, 5:19

pro [1] - 12:10

problem [4] - 9:10,

10:19, 11:8, 11:15

problems [1] - 7:19

procedurally [1] - 9:17

proceed [1] - 9:15

proceeded [1] - 4:15

proceeding [1] - 10:7

produced [1] - 12:1

prosecuted [1] - 7:3

prosecution [4] -

4:24, 12:13, 13:1,

13:20

provides [2] - 4:6,

13:25

public [2] - 13:17

purpose [1] - 3:10

purposes [1] - 5:20

pursue [1] - 5:25

put [1] - 8:25

Q

quasi [1] - 4:19

qui [4] - 4:8, 4:13,

4:15, 10:4

R

R.M.R [1] - 1:24

raised [1] - 6:11

rate [2] - 9:6, 11:9

rates [1] - 6:13

read [1] - 7:8

really [1] - 11:14

reason [3] - 8:5, 9:2,

13:18

reasonable [3] -

10:22, 11:13, 14:13

receive [1] - 6:3

receiving [2] - 13:15,

13:25

recognized [1] - 13:11

recommendation [3] -

3:18, 15:3, 15:7

recovering [1] - 13:13

recovery [1] - 12:16

recused [1] - 5:2

reduce [1] - 5:19

refer [1] - 14:5

referring [1] - 9:15

regard [2] - 10:7, 15:4

regular [2] - 6:14, 10:4

rel [1] - 1:4

relating [1] - 3:10

relator [1] - 8:10

rely [1] - 14:24

remuneration [1] -

13:25

report [6] - 3:18, 12:1,

12:4, 12:5, 15:3,

15:6

REPORTER [1] - 1:25

request [1] - 9:13

required [1] - 1:23

research [7] - 6:13,

7:6, 7:7, 7:8, 11:4,

11:14, 11:19

resolve [1] - 10:5

respective [1] - 7:4

result [1] - 7:22

retained [2] - 4:13,

5:24

return [1] - 12:4

review [1] - 15:2

reviewed [1] - 14:19

rewarded [1] - 7:2

rewarding [1] - 5:21

ride [1] - 12:15

rise [1] - 15:12

ROBERT [1] - 2:4

Robert [1] - 3:4

role [1] - 13:4

Rutgers [1] - 7:21

S

schedule [1] - 15:4

schedules [1] - 8:20

second [1] - 10:6

Section [2] - 1:23, 4:5

see [1] - 8:18

sense [1] - 7:20

serve [1] - 13:21

services [1] - 4:10

settle [3] - 5:11, 15:5

settled [3] - 5:25, 8:7,

10:3

settlement [3] - 5:5,

8:8, 13:15

SHERIDAN [1] - 1:15

shifting [1] - 5:21

side [1] - 12:14

significant [2] - 10:21,

12:19

simply [1] - 13:13

Simring [7] - 3:1, 3:6,

4:7, 4:11, 4:16, 5:24,

13:15

SIMRING [1] - 1:4

Simring's [2] - 3:7,

10:10

situation [1] - 13:11

small [2] - 7:6, 11:16

solo [1] - 11:16

sooner[1] - 10:10

sort [1] - 5:9

specific [4] - 11:3,

11:4, 11:7, 11:19

spend [1] - 3:24

spent [5] - 6:14,

10:21, 10:23, 12:19,

14:12

split [1] - 10:5

stand [1] - 6:6

United States District Court

Trenton, New Jersey

18

stands [1] - 7:22

start [2] - 3:3, 4:2

state [3] - 4:19, 4:20,

8:7

STATE [1] - 1:11

States [1] - 12:23

STATES [2] - 1:1, 1:4

status [1] - 14:6

statutes [1] - 5:21

stay [1] - 13:6

stealing [1] - 8:6

STEVEN [1] - 1:4

Stevens [2] - 4:18, 5:9

STONE [2] - 2:4, 2:5

Stone [10] - 3:5, 3:11,

3:19, 5:23, 5:24,

6:19, 9:7, 9:24,

14:12

stopped [1] - 4:12

STREET [1] - 1:11

submit [2] - 9:22, 9:24

sued [1] - 4:19

sufficient [1] - 13:25

suggested [1] - 7:12

suit [1] - 4:20

supervisors [1] - 4:11

supported [1] - 12:3

Supreme [2] - 6:6,

10:15

survive [1] - 5:8

T

table [1] - 10:18

tails [1] - 12:15

talks [2] - 11:2, 13:8

tam [4] - 4:8, 4:14,

4:15, 10:4

tasks [4] - 6:11, 7:3,

7:13, 7:15

teetering [2] - 7:19,

13:5

that'd [1] - 10:10

Third [6] - 6:7, 6:21,

7:10, 8:11, 10:14,

11:2

thoughtful [2] - 6:18,

12:1

threat [1] - 5:10

three [2] - 6:1, 15:8

throughout [1] - 6:7

TIMPONE [8] - 2:8,

3:14, 11:25, 12:23,

14:7, 14:15, 14:21,

14:24

Timpone [3] - 3:14,

11:24, 14:4

Title [1] - 1:23

today [1] - 14:1

Case 3:04-cv-03530-PGS-DEA Document 168 Filed 05/22/14 Page 18 of 19 PageID: 1736
traditional [1] - 13:12

treble [1] - 13:12

TRENTON [1] - 1:12

tried [2] - 4:12, 15:5

tries [1] - 10:2

trivializing [1] - 12:6

true [1] - 1:23

try [1] - 6:12

trying [6] - 6:15,

10:22, 12:20, 13:5,

13:6, 14:12

turn [1] - 3:22

two [2] - 8:1, 10:5

U

U.S [4] - 1:15, 1:25,

4:23, 5:1

U.S.C [1] - 1:23

UMDMJ [2] - 4:8, 8:5

UMDNJ [8] - 3:16,

4:18, 4:24, 5:8, 7:18,

9:12, 13:21, 14:3

under [6] - 4:18, 6:11,

6:21, 6:22, 8:19,

10:6

undercuts [1] - 5:20

United [1] - 12:23

UNITED [2] - 1:1, 1:4

universities [1] - 13:9

UNIVERSITY [1] - 1:7

university [3] - 13:6,

13:17, 13:24

University [3] - 3:2,

7:18, 14:8

unless [1] - 3:12

unrepresented [1] -

13:23

unwarranted [1] -

13:9

up [6] - 4:23, 6:15,

8:15, 9:4, 10:22,

14:12

V

vacate [1] - 9:17

value [1] - 14:13

versus [1] - 3:1

viable [1] - 8:12

vice [1] - 12:10

viewpoint [1] - 14:14

Vs [1] - 1:6

W

WALTER [1] - 2:8

Walter [1] - 3:14

United States District Court

Trenton, New Jersey

19

wants [1] - 3:12

Washington [1] - 5:4

weeks [1] - 15:8

West [1] - 14:7

whole [1] - 6:10

Wigenton's [1] - 6:23

wildly [1] - 12:6

wish [1] - 3:20

wrapped [1] - 9:4

Y

year [2] - 8:22, 8:24

years [2] - 4:11, 6:1

Case 3:04-cv-03530-PGS-DEA Document 168 Filed 05/22/14 Page 19 of 19 PageID: 1737