Signed by the Honorable Ronald A. Guzman on 10/23/2020. Park Ridge Sports, Inc. v. Park Ridge Travel Falcons. 2018). Football: Lex Lucas leads Kinnelon over Park Ridge in North 1, Group 1. Really, you should put how much I supported the community, Levy said. Park Ridge officials and all but one of the 20-plus local doctors cited in the lawsuit and settlement declined to comment for this story, referring questions to the Adventist Health System corporate office in Florida. I was only paid for actual work I completed and did.. . Sroga v. Laboda, 748 F. App'x 77, 78 (7th Cir. Court Description: MEMORANDUM Opinion and Order. This is a fresh start and the future is bright. Defendants conduct did not stop there. Park Ridge celebrates in the end zone. The settlement agreed to by Adventist Health System, Park Ridge Healths parent company, and the U.S. Department of Justice, lists several hundred Adventist physicians whose compensation arrangements violated the Physician Self-Referral Law. To me, it seems theres a sick industry here, he said. Park Ridge whistleblowers cause $115M settlement. For others, the program offered Division 2, which was open to all who wished to play football. See also Grupo Dataflux v. Atlas Glob. This article is available exclusively for our subscribers, who help fund our work at the Chicago Tribune. A sweeping subpoena for all bank transaction records over the course of seven years does that is tied to a claim that has nothing to do with the main claim and over which the court likely does not have jurisdiction - or certainly need not exercise jurisdiction - does not fare well under the "proportionality" test. DMCA NoticesNewspaper web site content management software and services. Miami Heat even the NBA Finals at 1-1 with a 4th-quarter rally to beat the Denver Nuggets 111-108, Rose Zhang, the NCAA champion from Stanford, is the 1st LPGA Tour winner in her pro debut since 1951, 3 takeaways from the Chicago Cubs 7-1 win in San Diego, including Miguel Amaya making the most of his return to the majors, Do Not Sell/Share My Personal Information. v. Buell, 796 F.3d 749, 756 (7th Cir. By Dion Martorano | on June 07, 2022 Two years ago the Journal reported on a lawsuit between two Park Ridge youth football teams over the use of the name, Park Ridge Falcons. Purcell eventually avoided a suspension by Park Ridge Sports, Inc.by teaming up with the other Defendants to create the Park Ridge Travel Falcons the same day all of the Defendants resigned from the Park Ridge Sports, Inc. board. The travel team built its roster based on tryouts, and players could be cut, based on performance. 3d 954, 958-59 (N.D. Ill. 2018)("Chatting for a bit about a dispute and maintaining an untenable position at worst or a tenuous position at best, is not engaging in a good faith meet and confer."). It required a lesser level of participation from parents, and cost less, as well. Under the code of conduct for federal judges, Walker wasnt required to look into the financial interests of third-degree relatives but did so and decided that disqualification from this proceeding is required under the circumstances, he said. Allow notifications. Turn on account notifications to keep up with all new content. Im doing 25 surgeries in a day, or more than that sometimes if I had to bring people back to Charlotte, Levy said, noting he could run two operating rooms simultaneously at times. Park Ridge Sports, Inc. (PRSI) had used the name Park Ridge Falcons for their team name for a long time. A court fight over who owns the rights to the name of a youth football program for middle school-age children in suburban Park Ridge has been ratcheted up, as a new claim in federal court alleges administrators of the program mismanaged the programs finances and have refused to refund more than $50,000 in donations allegedly given specifically to support a now-folded travel squad. Get the latest news, schedule, scores, roster, stats, standings and photos for the 2021-2022 Park Ridge Owls Football. With a shift in the existing local program, we wanted to make sure our athletes did not lose the opportunity to play competitive travel football and represent Park Ridge at the highest level of the sport., Regarding the Fall 2022 name change, the site says the team wants to highlight the immense success of our travel program and eliminate any confusion surrounding lower tiered programs.. That equaled 72 percent of its revenue. Defendants' counsel did the same and did not even raise the argument about relevance to travel football. The court may act . C.A.A.I.R., Inc., 2020 WL 972754, at *5 (N.D. Okla. 2020); Moskowitz v. Am. People trying to go by the rules end up getting run over. The two organizations finished their release by stating: We wish the last two years had gone differently, but there will only be positivity going forward, not negativity. The counterclaim specifically asserts Park Ridge Sports did not use donations totaling $52,600 from two volunteer board members for football helmets and equipment or football jerseys, as instructed by the donors. The $115 million settlement the highest in a medical whistleblower case speaks volumes about not only Park Ridge and Adventist, but the health care industry in general, said Chatfield, whose Washington, D.C. firm specializes in whistleblower cases. [Dkt. Both teams take players from third through ninth grades. We are aware that a lawsuit has been filed, however, the city has yet to be served, the city managers office said in an email Friday. Park Ridge Sports, Inc. operates as Park Ridge Football and Cheer. . In response, the Park Ridge Travel Falcons filed a counterclaim in federal court, asserting they were sued as part of a campaign of misinformation and in retribution for questioning the financial decisions of the Park Ridge Sports board. 1221 McKinney St, Suite 2500, Houston, TX 77010 | (713) 655-1101 This name change will clarify that the Park Ridge Hawks is not and has never been associated with the historical Park Ridge Falcons program. A few weeks before the current discovery squabble arose, Judge Guzman urged the "parties . Whether plaintiff spent the money on football equipment and whether plaintiff can prove it is a summary judgment issue at best. But after AZA was hired, Purcell, Walbert, and Horizon Therapeutics dropped the claim, admitting in the settlement agreement that they had no basis for the claim. v. Ocwen Fin. Sign up for our free summaries and get the latest delivered directly to you. Get free summaries of new Northern District of Illinois US Federal District Court opinions delivered to your inbox! Once formed, the Park Ridge Travel Falcons ignored Illinois 2020 COVID restrictions by skirting the rules and playing in Indianas Pop Warner league. 2019); Uni-Sys., LLC v. U.S. Tennis Ass'n, 2017 WL 4081904, at *5 (E.D.N.Y. The organization is also accused of failing to provide documentation showing how that money was spend, the counterclaim said. The Justice Department release states Adventist Healthcare "has agreed to pay the United States $115 million to settle allegations that it violated the False Claims Act by maintaining improper. I just want my name cleared out of the mud.. 1995). 2017). Medical Group Management Association, which has more than 60,000 providers in its database, gauges salaries for various markets and keeps data on national averages, disseminating for a fee its Physician Salary Survey. A court fight over who owns the rights to the name of a youth football program for middle school-age children in suburban Park Ridge has been ratcheted up, as a new claim in federal court alleges administrators of the program mismanaged the program's finances and have refused to refund more than $50,000 in donations allegedly given specifically to support a now-folded travel squad. Opting out is easy, so give it a try. LOUISVILLE, KY (WAVE) - The parents of a Pleasure Ridge Park High football player who died after collapsing during practice have filed a lawsuit over their son's death. Not everybody drives 120 mph down that highway and not everybody gets caught, but when they do get caught, they get smacked.. You're all set! After a rift with the football program over the denial of creating an ultra elite childrens program, the group left Park Ridge Sports, Inc. to pursue their agenda under a new entity, while unlawfully continuing to use nearly the same name. Park Ridge Football & Cheer is a non-profit and affiliate of the Park Ridge Park They have subpoenaed plaintiff's bank for all bank transaction records dating back to January 1, 2014. Given the parties' non-compliance with the Local Rule, any future discovery motions must include a Local Rule 37.2 certification that complies with the requirements of Autotech Techs. Park Ridge is being disingenuous in presenting itself as a hapless victim of byzantine federal regulations, said Peter Chatfield, one of the attorneys for the whistleblowers, three of whom were Park Ridge employees. #68, at 10-11]. Walker described the person as a third-degree relative, which typically means a cousin, a great-aunt or great-uncle, or a great-niece or great-nephew. Dr. Julie Iacono, a psychiatrist, who made $180,000, despite her office technically losing money. The Newsletter Bringing the Legal System to Light. In an internal email distributed to employees after the settlement news broke, Bunch said, It is uncomfortable for all of us to see news reports about this topic, some of which are unbalanced and sensationalized.. There is no statement or comment at this time.. The total amount is typically greater than what the physician would independently bill for services. (Tim Boyle / Pioneer Press). [Dkt. Defendants are opposed." Tremendous coaching focused on player development and the ability to compete as a Park Ridge Hawk in According to the lawsuit, one plaintiff who attended the protest was attacked by officers after she objected to police shoving demonstrators. Both teams declined to comment further on the legal wrangling. #39, Par. 2020); Buonavolanto v. LG Chem, Ltd., 2019 WL 8301068, at *3 (N.D. Ill. 2019). For example, the lawsuit states that in 2011, Dr. Timothy Highley, a Park Ridge Health dermatologist, had bonuses of $368,000 and a total compensation of $710,000, and he worked three days a week. The lawsuit filed Thursday names as defendants the city of Worcester, the former city manager, the chief of police and more than a dozen officers. Park Ridge Sports asserts claims against defendants for trademark infringement and false designation of origin in violation of the Lanham Act, violation of the Illinois Deceptive Trade Practices Act, and common-law trademark infringement, and also brings a claim against Walbert, Purcell, and Karnezis for breach of fiduciary duty. Plaintiff spends a fair portion of its motion arguing that it has proven it spent the money on football equipment, and submits about 80 pages of evidence about its spending and football equipment and, for some unknown reason, a number of exhibits that have absolutely nothing to do with this discovery motion. Chatfield said he thinks Park Ridge and Adventist are trying to put the best face on a situation that revealed systemic problems, not simple oversights. I wouldve been paid by work RVU, which is the standard way of paying people who are (hospital)-employed physicians, Levy said, adding that his compensation has been similar at other hospitals hes worked for. Dr. Jay Levy, a pediatric urologist and surgeon based in Charlotte, was making $300,000 a year for working three days a month at Park Ridge. The Park Ridge Hawks say they are unaffiliated. Copyright 2018-2023 Journal & Topics Online Media Group, Des Plaines, IL. Dr. Timothy Highley, a Park Ridge dermatologist, pulled in a one-year bonus of $368,000 and a total annual salary of $710,000, while working three days a week. 1367(a). Before slowing down about a year ago, Levy said he was doing 1,500 surgeries a year, traveling to Hickory, Gastonia, Hendersonville and other sites. #81, at 6]. Staff writers Julie Ball, Mike Cronin and Caitlin Byrd contributed to this report. He also stressed that his main employer and Park Ridge vetted and approved his contract with Park Ridge. They got credit for self-reporting, and they deserve credit for that, but to turn around and say they didnt have any serious problems, that is disingenuous, he said. Chief U.S. District Judge Mark Walker said in a court filing Thursday that it was because a relative owns 30 shares of Disney stock. And, let us not forget that "fishing expeditions" are still prohibited. 36-34 (L) Park Ridge vs. Kinnelon. In a counterclaim filed June 4, Park Ridge Travel Falcons allege that a $50,000 donation made to Park Ridge Sports for the purchase of football equipment was not used to actually buy football equipment, and a $2,600 donation for football jerseys was also not used for this purpose. Kelly Hansen-Grosman was store manager at the Park Ridge Starbucks in 2019 when barista Kevin Trejo was transferred to the store and placed under her supervision, according to the lawsuit,. Players at that level were divided into teams, which competed against each other within the program. (Jennifer Johnson / Pioneer Press). Two founders of the new team, Jamie Purcell and Tim Walbert, dismissed their own suit against Park Ridge Sports Inc. Michael Killingsworth and several other lawyers with the legal firm Ahmad, Zavitsanos & Mensing represented Park Ridge Sports, Inc. pro bono. The allegations revealed in a newly unsealed federal lawsuit that led to the settlement agreement provide a window into the hospitals inner workings and compensation practices. The physicians well-understand the gains they can personally realize in pay, perks and benefits by leveraging the value of the referrals, and their employing hospitals turn a blind eye to performance and legal and ethical lapses in those employees billing practices.. Co., 814 F.2d 1192, 1202 (7th Cir. In 2019, court documents indicate the league included more than 1,000 families, and was supported by more than 200 volunteers. It's not exactly Rashomon, but it provides some insight into the way the attorneys in this case are operating, and it is not in the good faith the Local Rule demands. The Worcester protest, about a week after George Floyd was killed by a Minneapolis police officer kneeling on his neck, started peacefully. (AZA) swiftly overcame an inherited federal district courts denial of a temporary injunction and built a strong case, forcing a settlement during trial and after jury selection. See Generations Brands, LLC v. Decor Selections, LLC; 2020 WL 6118558, *4 (N.D.Ill. 395, 398 (D. Del. HOME OF THE FALCONS. A hospital system reduces the physician billing to Medicare, typically charging only about 65 percent of the rate a private physician would charge for the same service, Gans said. According to the original lawsuit and prior Pioneer Press reporting, the four founders of the Park Ridge Hawks established the new organization after Park Ridge Sports Inc. melded the tryout-based Division 1 Falcons team into the no-cut Division 2 team. Infowhyse GmbH v. Fleetwood Grp., 2016 WL 4063168, at *1 (N.D. Ill. 2016); see also Generation Brands, LLC v. Decor Selections, LLC, 2020 WL 6118558, at *3 (N.D. Ill. Oct. 16, 2020); Chicago Reg'l Council of Carpenters Pension Fund v. Celtic Floor Covering, Inc., 316 F.Supp.3d 1044, 1046 (N.D. Ill. 2018)("An ultimatum on one side, met with steadfast defiance on the other, is not a good faith discussion. A speeding analogy might help describe the excesses at Park Ridge hospital, where, lawyers and whistleblowers say, kickbacks meant big money and part-time work could net some doctors hundreds of thousands of dollars a year. 2019); D.Z. PRTF admits that neither PRSI, nor any of its board members, ever made any financial misappropriations. Court Description: MEMORANDUM OPINION and ORDER: Signed by the Honorable Jeffrey Cole on 11/24/20. Chatfield said his clients did not want to speak to the media. [Dkt. According to the United States Patent and Trademark Office, Park Ridge Travel Falcons applied for a trademark of the Park Ridge Falcons name on March 27. Levy said he did at times send patients to Mission for radiology work. But we are also glad this is settled and done and that the rightful owner of the Park Ridge Falcons name prevailed. You can explore additional available newsletters here. At a demonstration in Worcester on the night of June 1-2, 2020, police retaliated against peaceful bystanders whose only offense was to observe and in many cases to record the officers conduct, the lawsuit says. The 55-year (old) Park Ridge Falcons will continue to be known as the Park Ridge Falcons, the statement read. Those allegations of misconduct were leveled in a claim filed on June 8 in Chicago federal court against Park Ridge Sports Inc. and two executives for the organization. Sign up for our free summaries and get the latest delivered directly to you. As Levy put it, if he does a hernia surgery, it doesnt matter whether if it takes me 10 minutes or an hour. The fee, determined by the RVU system, is the same. 26(b)(1). 1575, 1579 (2020); Bunn v. FDIC, 908 F.3d 290, 297 (7th Cir. Chatfield, the plaintiffs attorney, said he would leave it to experts to gauge Levys extraordinarily heavy workload and what that meant for patient care. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Its data was cited in the lawsuit in noting that Lugus, the family practice physician, was paid $366,000 a year in 2012, more than two times the average for a family practice doctor in the area. Kelly Pettijohn, Adventists chief financial officer and head of its physician enterprise section, emailed all the CFOs and controllers at Adventist hospitals about a new finance report format for each hospital. Park Ridge Sports, Inc. fought back with its own lawsuit to put an end to the attempted theft of their trademark, bringing on AZA to get their case across the finish line. Given the present discovery dispute, what is one to make, for example, of an upside down photo of a youth football team, called the Midget Cardinals, accompanied by an advertisement for Manor Tool and Manufacturing? She had not done anything illegal, the lawsuit said. Corp., 2010 WL 502721, at *8 (D. Colo. 2010); Dombach v. Allstate Ins. Park Ridge Health lost money on the practices, primarily because of high physician pay, the lawsuit says, and the amounts were sizable: $4.4 million in 2009, more than $5 million in 2010 and a projected $6.6 million in 2012. U.S. District Court for the Northern District of Illinois, Park Ridge Sports sued the Park Ridge Travel Falcons, alleging the group had violated its trademark rights to the name Park Ridge Falcons., the Park Ridge Travel Falcons filed a counterclaim in federal court, Using Pronouns: Illinois courts consider changing rules to govern how judges, attorneys must handle people's pronouns, Lawsuits incoming? A spokesperson for the police said in an email Friday that the department does not comment on pending litigation. The four founders of the now-Hawks are all former board members and coaches previously with the Park Ridge Falcons and founded the new organization in March 2020. As far as Park Ridge agreeing to settle for $115 million, Levy said he has no earthly idea what they did. In the lawsuit, Park Ridge Sports asked the court to shut down the competing Park Ridge Falcons travel group; give Park Ridge Sports control over the name and online presence for the Park Ridge Falcons; and award Park Ridge Sports three times of whatever profits the travel squad may earn from their endeavor. 2023 www.citizen-times.com. Tournament Game. The Park Ridge Travel Falcons and its volunteer board members have been sued for nothing more than starting an organization to help continue the tradition of providing a world-class, travel football team for children after it was eliminated by a select few of individuals, Ryan McLaughlin, spokesman for the Park Ridge Travel Falcons, said in a statement. Although it was never our intention, we are truly sorry for any harm we caused this community. All Rights Reserved. As case after case has held, counsel in a discovery dispute are not to use the briefing as vehicles to snipe at the other side. The lawsuit contends this can be lucrative because of the way Medicare operates. On 10/28, the Park Ridge varsity football team lost their home playoff game against Kinnelon (NJ) by a score of 36-34. You can explore additional available newsletters here. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION. You already receive all suggested Justia Opinion Summary Newsletters. One further point, and it goes to the idea of proportionality - if not the proportionality envisioned by Fed. Formally, this is a case about youth football teams in Park Ridge, using the name "Falcons" and the accompanying logo, taken from the NFL franchise. According to the United States Patent and Trademark Office and earlier Pioneer Press reporting, the newer group applied for a trademark of the Park Ridge Travel Falcons name on March 27. Plaintiff instituted this lawsuit on April 9, 2020 and then amended its Complaint on May 13, 2020, raising claims under Section 43(a) of the Lanham Act, violations of the Illinois Deceptive . Per the teams website, the Park Ridge Hawks are sponsored by the Purcell Family Foundation, Horizon Therapeutics and CBRE, a large real estate company. Hasbrouck Heights plays Park Ridge in a high school football game at Depkin Field in Hasbrouck Heights on Friday September 24, 2021. Park Ridge youth football may not be taking the practice field due to the COVID-19 pandemic, but a fight over the sport among adults is playing out in federal court. He and his nurse practitioner would see 130-140 patients over those three days and sometimes complete as many as 25 surgeries. The new Park Ridge Travel Falcons logo, top, and the Park Ridge Falcons Football logo, bottom, are the focus of a new federal lawsuit. This site is protected by reCAPTCHA and the Google, Northern District of Illinois US Federal District Court, Park Ridge Sports, Inc. v. Park Ridge Travel Falcons. He noted that until Park Ridge decided not to use his services earlier this year, he had worked in Hendersonville part time for 15 years, while being employed full time by Carolinas Healthcare System in Charlotte. 2013). Two years ago the Journal reported on a lawsuit between two Park Ridge youth football teams over the use of the name, Park Ridge Falcons. [Dkt # 82, at 4-10]. We took care of everybody regardless of (whether they were) self-pay, Medicaid whatever their payer mix was, we took care of them.. But on the whole, hospital-based physicians are more lucrative for hospitals when it comes to Medicare reimbursements. Dion Martorano 2001)(a court cannot "in practical effect, . Park Ridge and other named hospitals then made up the losses through referrals to the hospitals for expensive procedures and tests. In a joint statement released as part of the settlement, the two organizations outlined their agreement and said they would have a fresh start. You're all set! Since 1967, Plaintiff, Park Ridge Sports, Inc., has called its traveling youth football teams the "Park Ridge Falcons." . There [were] just some remnants on YouTube of their their old channel, he said. Adventist Health System, the parent company of Park Ridge Health in Hendersonville, is the most recent health care provider to get "smacked," in this case with a historic $115 million. Thank you for supporting our journalism. Discovery, whether by subpoena or requests to produce documents, has to be "proportional to the needs of the case, considering the importance of the issues at stake in the action, the amount in controversy, the parties' relative access to relevant information, the parties' resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit." The members of both organizations met with each other and were able to resolve our differences in a way we think is best for our Park Ridge Players, coaches and communities, the two organizations said in a release sent to the Journal. . Review of their amended counterclaim [Dkt. That subpoena is improper on a number of levels. Ins. 2018). In a strange. The woman was punched in the face and the ribs, was brought to the ground where an officer placed a knee on her spine, and she suffered a knee injury that was so severe that she could not stand on her own. "A loose factual connection between the claims is generally sufficient." 245, 266 (N.D. Ill. 1979)("The 'best' case can be lost and the 'worst' case can be won . While the newer group has renamed itself the Hawks, that name too, is well-known in Park Ridge. "); Carmen v. San Francisco Unified School Dist., 237 F.3d 1026, 1031 (9th Cir. Park Ridge Sports, Inc. (PRSI) had used the name Park Ridge Falcons for their team name for a long time. When plaintiff's counsel filed this motion, he included a terse Local Rule 37.2 certification saying only that "on November 5, 2020 and via telephone, I engaged in a good-faith effort to confer with counsel for Defendants regarding the relief requested herein. The Stark Law, named after California Congressman Pete Stark, addresses self-referrals, prohibiting physicians from being directly compensated for ordering services such as lab tests or scans to be done at a hospital or other business from which they directly benefit financially. I was not paid any amount per day or per anything, Levy said. R.Civ.P. As podiatrists, Brian Stover and Pamela Stover are regulated by the North Carolina Board of Podiatry Examiners, which had no disciplinary actions on its website for either. The case stems from a lawsuit filed by three Park Ridge whistleblowers and revolves around allegations of exorbitant pay and bonuses for hospital-based physicians in return for referrals to Adventist hospitals, as well as improper coding of Medicare billing that resulted in millions of dollars in revenue for the system. When everybodys doing 75 and then somebody blows by you at 120 mph, you take notice, said David N. Gans, a senior fellow at Colorado-based Medical Group Management Association, which tracks physician pay. The feud between DeSantis and Disney started last year after the company, in the face of significant pressure, publicly opposed legislation concerning lessons on sexual orientation and gender identity in early grades that critics called Dont Say Gay.. Connect with the definitive source for global and local news. One man was arrested after police found three Molotov cocktails in a satchel he was carrying. Indeed, it is egregiously out of proportion to claim that it is ostensibly about a couple of donations in 2017, 2018, and 2019. Arlington Heights-Buffalo Grove-Rolling Meadows-Wheeling. CHICAGO Historic Chicago-area youth football program, Park Ridge Sports, Inc., took on disgruntled former board members to reclaim its trademarked team name of 55 years. Attorney Rick Biagi, who is representing Park Ridge Sports, declined to comment on or answer questions about the suit, including whether Park Ridge Sports had ever applied to trademark the falcon symbol. Disney had opposed the governors motion, saying the judge had shown no bias. United States v. Gustin, 642 F.3d 573, 575 (7th Cir. The Maine South High School sports teams, including the much-celebrated football team, are named the Maine South Hawks. One side was Park Ridge Sports, Inc. (aka Park Ridge Football and Cheer), which debuted Nov. 8, 1967, and the other side was a startup program using the name Park Ridge Travel Falcons (PRTF). The notion of some sort of referrals for pay scheme is ridiculous, Levy said, because he was paid for the work he did, and he performed surgeries at Park Ridge and referred tests there because that was the only hospital in the region where he had privileges. The older organization took legal action last spring in federal court against the newer group, accusing it of appropriating its name and falcon symbol when it called itself the Park Ridge Travel Falcons. With two teams going by the name Park Ridge Falcons, the two organizations went to court as we discussed here: By continuing to browse or by clicking "Accept," you agree to our site's privacy policy. The defendants offer no citation to either of their pleadings. While Park Ridge and Adventist maintain they approached the federal government to self-report the compensation issues and widespread problems with improper coding for Medicare reimbursements, Chatfield said the hospital acted only after the plaintiffs filed suit. All rights reserved. The Falcons are an affiliate of the Park Ridge Park District, according to its website. The two levels merged in 2015, coming under the management of one board to manage both the travel squad and the Division 2 league. #68, at 11]. The hospital-owned practice on the books says, Were losing money. But did the health system lose money? The settlement dictates that all parties will pay their own legal fees. to set their hostilities aside and see if they can reach a resolution that would conserve judicial economy and avoid further litigation expenses." Defendants allegations targeted individual board members, were admittedly baseless, and in my opinion, were fabricated for litigation. 26(b)(1), then the proportionality that ought to underlie all things, especially in challenging times. In fact, the counterclaim stems from donations and purchases of football equipment occurring up to three years before the football fathers split up and went their separate ways, which, of course, is when the Lanham Act claim arose. It began with a split among the community's football fathers over the direction of the program, with one side suing the other for trademark infringement. In her email, Pettijohn included a spreadsheet summary of the contents of the new reports to individual hospital administrators, including a copy sent to Jason Wells, a Park Ridge vice president. Park Ridge is a truly special community and each program is eager to do everything it can to keep Park Ridge (as) the best place for our children.. While the protest on the night of June 1 and 2 turned violent, the lawsuit said none of the plaintiffs was involved in the violent conduct. The lawsuit stems from compensation and billing problems brought to light by four relators, as the federal government calls them in False Claims Act cases, three of whom worked at Park Ridge Health Michael Payne, Melissa Church and Gloria Pryor. In its statement, Adventist said that since it self-disclosed the billing and compensation problems, it has taken measures to ensure compliance in the future. . on Formally, this is a case about youth football teams in Park Ridge, using the name "Falcons" and the accompanying logo, taken from the NFL franchise. This type of financial incentive is not only prohibited by law, but can undermine patients medical care.. 2014); Medicis Pharm. #76] is granted and the subpoena is quashed. . A lot of money was at stake. Supply, LLC v. MW Manufacturers, Inc., 891 F.3d 256, 258 (7th Cir. Plaintiffs' counsel took a stance and refused to budge. #82] comes with 350 pages of exhibits. Last week saw the first youth football matches of the season in Park Ridge not long after two youth football organizations a 53-year-old program called the Park Ridge Falcons and a separate new organization founded in 2020, which branded itself the Park Ridge Travel Falcons but is now called the Park Ridge Hawks, arrived at a settlement after a lawsuit. PARK RIDGE SPORTS, INC., an Illinois Not For Profit Corporation, Plaintiff, v. PARK RIDGE TRAVEL FALCONS, an Illinois Not For Profit Corporation, et al., Defendants. The two sides also wanted to clear a few things up. As WAVE 3's Lindsay English reports, you may be surprised to learn who is and who isn't named in the suit. The new Park Ridge Travel Falcons logo, top, and the Park Ridge Falcons Football logo, bottom, are the focus of a new federal lawsuit. (CNN, TWITTER SPACES, WESH, TWITTER, @TEAMDESANTIS, @CASEYDESANTIS, PO, Franklin County Sheriffs Office employee arraignment date set in Florida for sex charge, Family identifies man killed in NW Roanoke shooting, Norma Hunt, wife of late Chiefs founder and only woman to attend every Super Bowl, dies at 85, Heat roar back in 4th quarter, beat Nuggets 111-108 in Game 2 of NBA Finals, No survivors found after plane that flew over DC and led to fighter jet scramble crashes in Virginia, Russia says it thwarted attack in Donetsk; unclear if this was start of Ukrainian counteroffensive, Bridging the Great Health Divide Across the US, PublicFileAccess@wdbj7.com - (540) 344-7000. Adventist-owned hospitals, such as Park Ridge, allegedly paid doctors bonuses based on the number of test(s) and procedures they ordered, Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina, said in a statement. Eleven people have filed a federal lawsuit saying they were assaulted by police or wrongfully arrested while peacefully observing a June 2020 protest in Massachusetts second-largest city over the killing of George Floyd. In handling the protest demonstration the city and its police department demonstrated complete indifference to the rights of people under the laws and constitutions of Massachusetts and of the United States to be free from wrongful arrest, assault, and criminal prosecution in retaliation for the peaceful exercise of their rights, Hector Pineiro, an attorney for the plaintiffs, said in a statement. He in turn forwarded it to midlevel managers at Park Ridge, including to Church, the future whistleblower. Gans, the expert on physician pay, said the lawsuit allegations about physicians practices losing money is misleading because in reality its an accounting system.. aggressively refutes the trademark infringement lawsuit initially filed by Park Ridge Sports, Inc. against the Park Ridge Travel Falcons. Local Rule 37.2. Co. v. Zurich Am. 1:20-cv-02244 in the U.S. District Court for the Northern District of Illinois before Judge Ronald A. Guzman. Many hospitals are eager to acquire practices and set them up as provider-based facilities because, on average, the overall reimbursement from Medicare to provider-based facilities is higher than the reimbursement for the same service to independent physician offices, the lawsuit states. [Dkt. Dr. John Lang, who had losses of $345,000 as of May 2010, although Park Ridge Health forgave $138,000. Indeed, it is improper that it do so. In a message to Pioneer Press/Chicago Tribune, the newer group, which renamed itself the Park Ridge Hawks, wrote that both groups are happy litigation is behind us and focused on successful football for all kids in Park Ridge.. They further alleged the league operated at a loss in 2019. In 2019, Park Ridge Sports, Inc. operated at a loss and had to pay back federal taxes due to fiscal . Prolite, 891 F.3d at 258. Later, the lawsuit alleges, Park Ridge CFO Karsten Randolph recognized the spreadsheet showed the hospitals were in substance, purchasing referrals by providing above-market compensation to employee physicians, and told Wells to ask all employees to whom he had forwarded the spreadsheet to lose them.. It is all of our responsibility to uphold the highest standards of accuracy and ethical judgment. The counterclaim specifically accuses Park Ridge Sports of breach of contract in its alleged handling of the donations. #39]. The payment is higher than the professional fee reimbursement a hospital-based doctor would get, because its designed to cover the independent doctors overhead costs, as well as professional services. Levy said his pay all came down to RVUs, or Relative Value Units. # 74, at 10]. . It seeks unspecified damages. Houston, TX 77010 But instead of simply starting the Park Ridge Travel Falcons, which they later said couldnt be confused with Park Ridge Falcons, Defendants hired an attorney and demanded that Park Ridge Sports, Inc. stop using the name it has had for over half a century. We were excited to try this case against the defendants in open court to get the truth out and in the open after a two-year misinformation campaign by the defendants. But later, some people lit fires, vandalized structures, blocked downtown traffic and pelted officers with glass bottles, rocks, concrete and fireworks, Worcester police said at the time. Disney filed the First Amendment lawsuit against the Florida governor and the DeSantis-appointed board in April, claiming violations of free speech and the contracts clause. In one deposition, Walbert admitted under oath that the Park Ridge Travel Falcons intentionally used a name synonymous with Park Ridge Falcons to leverage the programs historic brand. Pioneer Press Jun 09, 2020 at 5:38 pm Expand A member of the Park Ridge Falcons football program looks to pass during a practice in Park Ridge in 2015. Full title:PARK RIDGE SPORTS, INC., an Illinois Not For Profit Corporation, Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION. At the level known as Division 1, the program fielded a team known as the Falcons. R.R. at 9), plaintiff relies exclusively on a single sentence in the declaration of James Toulon, who has served as president of Park Ridge Sports' board of directors for just three years, who states that "Park Ridge Sports has for its entire existence [since 1967] operated a youth tackle football program under [the] name PARK RIDGE FALCONS . They are not to play archaeologist with the record. However, earlier this year, Park Ridge Sports moved to eliminate the travel squad. As punishment, DeSantis took over Disney Worlds governing district through legislation passed by lawmakers and appointed a new board of supervisors. And they still had their old webpage up and were forwarding it [to the new webpage].. AZA is recognized by Chambers USA 2021 among the best in Texas commercial law and intellectual property; byU.S. News Best Lawyers Best Law Firmsas one of the countrys best commercial litigation firms for ten years running; has been named Litigation Department of the Year byTexas Lawyer; and was previously dubbed byLaw360a Texas Powerhouse law firm. When a vote was taken at the urging . Ins. The lawsuit specifically cited several Park Ridge doctors practices that the lawyers and whistleblowers allege lost money, including: Dr. James Bryant, whose practice had losses of more than $300,000 at the time the lawsuit was filed in 2012. We wish the last two years had gone differently, but there will only be positivity going forward, not negativity, they said. Park Ridge Sports, Inc. fought back with its own lawsuit to put an end to the attempted theft of their trademark, bringing on AZA to get their case across the finish line. For an independent physician practice, Medicare reimburses through a single payment based on a physician fee system. The Falcons are sponsored by Moran-Havansek financial group, where First Ward Ald. Ultimately, the real basis for this lawsuit is not about a trademark, but rooted in the desire to retaliate against the volunteer board members for using the Park Ridge Travel Falcons name, McLaughlins statement added. So little of the materials plaintiff submitted have to do with the discovery dispute at hand - which has to do with documents from 2014 on - that to sift through the mess the plaintiff filed to search for pertinent material is to search for needles in a haystack. The plaintiff has filed a motion for a protective order to prevent the production of documents requested in the non-party subpoena issued by defendants Park Ridge Travel Falcons, Timothy Walbert, James Purcell, Jeffrey Kilburg, and Lou Karnezison, on October 29, 2020, to JPMorgan Chase Bank, N.A. 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