Posts tagged "Centers"

Padmanabhan v. Centers for Medicare & Medicaid Services (Lawyers Weekly No. 10-019-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030;   SJC-12181   BHARANIDHARAN PADMANABHAN  vs.  CENTERS FOR MEDICARE & MEDICAID SERVICES.     January 24, 2017.     Practice, Civil, Stay of proceedings, Moot case.  Moot Question.     The petitioner, Bharanidharan Padmanabhan, appeals from a judgment of a single justice of this court denying his petition pursuant to G. L. c. 211, § 3.  We affirm.   In October, 2014, the petitioner commenced an action in the Superior Court, naming as defendants the respondent and certain individuals associated with Cambridge Health Alliance, the city of Cambridge, the Executive Office of Health and Human Services, and others.  As best as we can discern from the record before us, his complaint alleged claims of, among other things, Medicare or Medicaid fraud, which he became aware of during the course of his employment with some of the defendants; and retaliation by his employer when he spoke up about the perceived fraud.  In March, 2015, the case was removed to the United States District Court for the District of Massachusetts.  A judge in that court subsequently allowed a motion to dismiss certain Federal defendants and then remanded the case to the Superior Court.  The petitioner appealed from both the allowance of the motion to dismiss and the remand order to the United States Court of Appeals for the First Circuit, and that appeal remains pending.  Meanwhile, in the Superior Court, shortly after the remand order, the remaining defendants filed motions to dismiss, which, it appears, the petitioner opposed.  The docket further indicates that on June 7, 2016, a status conference was scheduled for July 19, 2016.   On July 11, 2016, the petitioner filed an “emergency motion to stay improper proceedings in State court” in the county court, which the single justice treated as a petition pursuant to G. L. c. 211, § 3.  He argued that the State court lacked jurisdiction because his appeal from the remand order remained pending in the Federal court, and he asked this court to stay further proceedings in the Superior Court.  He also asked the court to order that the status conference scheduled for July 19, 2016, be canceled.  While his G. L. c. 211, § 3, petition was pending, the July 19, 2016, status conference proceeded as scheduled.  A docket entry dated July 20, 2016, indicates that because the petitioner’s appeal to the First Circuit remained pending, the status conference would be continued to October […]


Posted by Massachusetts Legal Resources - January 24, 2017 at 4:00 pm

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