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U.S. EX REL. COLUCCI v. BETH ISRAEL MEDICAL CENTER

No. 06 Civ. 5033(DC).

603 F.Supp.2d 677 (2009)

UNITED STATES of America ex rel. THOMAS E. COLUCCI, Plaintiff, v. BETH ISRAEL MEDICAL CENTER et al., Defendants.

United States District Court, S.D. New York.

March 24, 2009.

Attorney(s) appearing for the Case

Law Office of Diane McFadin, by Diane McFadin, Esq., Willa N. France, Esq., New York, NY, for Relator.

Proskauer Rose LLP, by Dietrich L. Snell, Esq., New York, NY, by James F. Segroves, Esq., Malcolm J. Harkins III, Esq., Washington, D.C., for Defendants.

Lev Dassin, Esq., Acting United States Attorney for the Southern District of New York by Benjamin H. Torrance, Esq., Assistant United States Attorney, New York, NY, for United States.

OPINION

CHIN, District Judge.

Thomas Colucci, the relator in this False Claims Act ("FCA") qui tam action, died in January 2008. The administrator of his estate, his widow Cleuza Colucci ("Colucci"), moves for substitution as relator under Fed.R.Civ.P. 25(a). Defendants Beth Israel Medical Center ("BIMC"), Morton Hyman, Thomas Hayes, and Robert Naldi oppose the motion. For the reasons that follow, Colucci's motion is granted and she is substituted...

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