United States District Court, D. Minnesota
United States of America, ex rel., and Robert A. Dicken, Relator, Plaintiffs,
Northwest Eye Clinic, P.A., Christopher J. Borgen, and Eric M. Tjelle, Defendants.
Frederick L. Neff, Neff Law Firm, P.A., Chad A. Blumenfield
and Pamela Marentette, counsel for plaintiffs.
Herman, Garth J. Unke, and Kirsten J. Hansen, Stich Angell
Kreidler Unke & Scattergood P.A., counsel for defendants.
Katherine Menendez United States Magistrate Judge
discovery dispute arises out of a qui tam case involving
Medicare billing fraud. The relator, Dr. Dicken, alleges that
the Defendants, Dr. Borgen, Dr. Tjelle, and their employer
Northwest Eye Clinic, P.A. (collectively,
“Northwest”), submitted fraudulent claims to be
paid by Medicare, including running unnecessary tests,
billing for more complex services than actually rendered, and
requiring patients to return frequently for unnecessary
Dicken moved to compel discovery of the majority of his
outstanding Requests for Production (“RFP”) and
Requests for Admission, arguing that Northwest had not fully
responded to his discovery requests. He also moved for
sanctions against Northwest, its attorneys, or both.
Northwest responded that the majority of Dr. Dicken's
requests were overly broad, unduly burdensome, and irrelevant
to the case. In addition, Northwest expressed concern that
some of the requests were unclear.
hearing, the Court worked with counsel for Dr. Dicken to
identify six discovery disputes currently at issue:
(1) whether discovery should be limited to the time frame of
October 2007 to June 2014, or should continue until the date
(2) the appropriate scope of discovery of the patient charts
and files for Medicare patients;
(3) the appropriate scope of discovery of Medicare billing
and payment information from Northwest;
(4) whether Northwest had fully and properly responded to Dr.
Dicken's request for communications relating to fraud or
billing to and from “financial intermediaries”;
(5) the appropriate scope of discovery regarding Medicare
patient financial records and ...