Memorandum Opinion and Order

Accordingly, and as explained below, the Court GRANTS, IN PART and DENIES, IN PART, Defendant’s Omnibus Motion (ECF No. 47), DENIES Defendant’s Financial Metrics Motion, GRANTS, IN PART and DENIES, IN PART, Plaintiffs’ Omnibus Motion (ECF No. 73), GRANTS, IN PART and DENIES, IN PART, Defendant’s Motion to Exclude Spoliation (ECF No. 63), and DENIES Plaintiffs’ Motion for Sanctions (ECF No. 71).

Memorandum Opinion and Order

Dr. Antoine Skaff used the privilege of a dental license to engage in thousands of individual acts of fraud charged by the United States as one fraudulent scheme. This case began in 2015 when an unnamed individual filed a complaint with the United States Drug Enforcement Agency (“DEA”) reporting that a high volume of patients were only briefly visiting Dr. Skaff’s dental office. In late 2015, the DEA referred the investigation to the West Virginia Board of Dental Examiners. During the investigation, the West Virginia Board of Dentistry received credible information that Dr. Skaff was improperly billing Medicaid based on an audit by Scion Dental, a provider network and administrator of the Medicaid dental benefits for the Managed Care Organizations (“MCOs”) under contract with West Virginia Medicaid. The West Virginia Board of Dentistry continued investigating Dr. Skaff based on this 2 information. On July 20, 2017, Dr. Skaff entered into a Consent Decree and Order with the West Virginia Board of Dentistry, agreeing to a reprimand for his inappropriate opioid-prescribing practices and his fraudulent billing practices, and to a suspension of his license to practice dentistry, among other conditions.

Amended Memorandum Opinion and Order

This civil action questions the constitutionality of a longstanding Bible in the Schools (“BITS”) program administered in many of the elementary and middle schools throughout Mercer County, West Virginia.  Plaintiffs, Freedom From Religion Foundation, Inc., Jane Doe and her child Jamie Doe, and Elizabeth Deal and her child Jessica Roe, allege the BITS program violates the Establishment Clause and request an injunction prohibiting defendants from administering BITS in the future.  Elizabeth Deal and Jessica Roe also seek nominal damages. For the reasons that follow, defendants’ motion to dismiss, ECF No. 25, is GRANTED without prejudice.

Memorandum Opinion and Order

Fifteen weeks ago, I rejected the proffered plea agreement in the case of United States v. Charles York Walker, Jr.¹ after determining that it was not in the public interest. I must now decide whether, under Rule 11 of the Federal Rules of Criminal Procedure, to accept or reject the plea agreement between the defendant, Mr. Antoine Dericus Wilmore, and the government. As I noted in Walker, while Rule 11 gives defendants and prosecutors the ability to enter into plea agreements, it also obligates judges to accept or reject those agreements.² Rule 11 is silent on what I should or may consider in my decision.