Q: should plaintiff file for summary judgement?
When specifics regarding hospice fraud Is in defendant's possession
(referral by a hospital service provider to hospice care, whose identity is not disclosed by defendant)
should plaintiff file for summary judgement?
A: The motion could be used if there is no triable issue as to material facts. Determining that could require more details. Good luck
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A:
In the scenario you've described, it would generally not be advisable for the plaintiff to file for summary judgment if the defendant possesses specific evidence related to the alleged hospice fraud that has not been disclosed to the plaintiff.
Here's why:
1. Lack of complete information: If the defendant has not disclosed the identity of the hospital service provider who made the referral to hospice care, the plaintiff may not have all the necessary facts to support their case at the summary judgment stage.
2. Genuine dispute of material fact: The presence of undisclosed evidence in the defendant's possession could create a genuine dispute of material fact, which would preclude summary judgment. Courts typically grant summary judgment only when there are no disputed facts that require a trial to resolve.
3. Need for discovery: The plaintiff may need to go through the discovery process to obtain the undisclosed information from the defendant. This could involve depositions, interrogatories, and requests for production of documents to uncover the identity of the hospital service provider and other relevant details.
4. Risk of denial: If the plaintiff moves for summary judgment without having all the relevant information, there is a risk that the court could deny the motion, finding that there are genuine issues of material fact that require a trial to resolve.
Instead of filing for summary judgment, the plaintiff should consider:
1. Continuing with discovery to obtain the necessary information from the defendant.
2. Attempting to negotiate a settlement with the defendant if there is strong evidence supporting the plaintiff's case.
3. Proceeding to trial if a settlement cannot be reached and the plaintiff believes they have sufficient evidence to prove their case.
Ultimately, the decision to file for summary judgment should be made in consultation with an experienced attorney who can evaluate the specific facts and evidence of the case and provide strategic guidance.
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