United States ex rel. Maurice v. Nursing Personnel Home Care, No. 13-1688 (2d Cir. 2014)Annotate this Case
This case arose when plaintiff filed a qui tam action against various providers of home health-care services and their officers, including Nursing Personnel. Plaintiff and the United States settled the claim against Nursing Personnel and the action remains pending against other defendants. Plaintiff subsequently moved to dismiss two appeals of Nursing Personnel from an interlocutory order entered by the district court awarding plaintiff attorney's fees. The court concluded that the fee award did not have to be appealed until entry of an appealable judgment, and that the pending collateral order appeal in Case No. 13-1688, taken in the absence of an appealable judgment, has become moot upon the entry of a Rule 54(b) partial judgment. The court also concluded that the appeal in Case No. 14-251 from the Rule 54(b) partial judgment was timely. Therefore the court denied the collateral order appeal and dismissed that appeal as moot. The court denied the motion to dismiss and directed briefing of that appeal in the normal course.