United States of America ex rel Quesenberry v. SPE MB Atlantic Palms LLC, 1:25-cv-00337

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United States of America ex rel Quesenberry v. SPE MB Atlantic Palms LLC

Docket number: 1:25-cv-00337
Court: U.S. District Court for the Northern District of Georgia
Date filed: 2025-01-24
Date terminated: 2026-01-14
Date of last filing: 2026-10-09
Assigned to: Mark H. Cohen
Cause: 31:3729 False Claims Act
Nature of suit: 376 Qui Tam (31 U.S.C. § 3729(a))
Jury demand: Both
Jurisdiction: Federal Question

Parties

Mukesh C. Patel (Defendant)
Ayesha Patel (Defendant)
Rishi Patel (Defendant)
SPE MB Atlantic Palms LLC (Defendant)
J. Bryan Quesenberry (Plaintiff)
United States of America (Plaintiff)

Docket entries (59)

Entry 1 · Filed 2025-01-24
COMPLAINT with Jury Demand filed by J. Bryan Quesenberry. (Filing fee $405, receipt number 100016824) (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(bgt) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 01/28/2025)
  Attachment 1: Exhibit A
  Attachment 2: Civil Cover Sheet

Entry 2 · Filed 2025-01-24
MOTION to Seal Case by J. Bryan Quesenberry. (Attachments: # 1 Text of Proposed Order)(bgt) (Entered: 01/28/2025)

Entry 3 · Filed 2025-01-27
ORDER granting the Relator's 2 Ex Parte Motion to File Complaint Under Seal. It is further ORDERED that the Complaint in this action, based on the False Claims Act, shall be filed under seal as required by 31 U.S.C. § 3730(b) and remain under seal until further order of the Court. Signed by Judge J. P. Boulee on 1/27/2025. (bgt) (Entered: 01/28/2025)

Unnumbered entry · Filed 2025-01-28
Clerk's Certificate of Mailing as to J. Bryan Quesenberry re 1 Complaint and 3 Order. (bgt)

Entry 4 · Filed 2025-01-29
STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge Mark H. Cohen on 1/29/2025. (bgt) (Entered: 01/30/2025)

Unnumbered entry · Filed 2025-01-30
Clerk's Certificate of Mailing as to J. Bryan Quesenberry re 4 Order. (bgt)

Entry 5 · Filed 2025-04-09
Unopposed Ex Parte APPLICATION for Extension of Time to Elect Whether to Intervene by United States of America. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(bgt) (Entered: 04/09/2025)

Entry 6 · Filed 2025-04-09
ORDER granting 5 Motion for Extension of Time to elect whether to intervene, pursuant to the False Claims Act, 31 U.S.C. §3730(b)(3). The Court finds that the government has shown good cause for the requested extension. Therefore, IT IS HEREBY ORDERED that the United States shall have until October 11, 2025, to intervene in this action or to notify the Court that it declines to do so; and IT IS FURTHER ORDERED that the complaint and all other filings shall remain under seal, subject to any order of the Court partially lifting the seal, until October 11, 2025. Signed by Judge Mark H. Cohen on 4/9/2025. (dgr) (Entered: 04/09/2025)

Unnumbered entry · Filed 2025-04-09
Clerk's Certificate of Mailing as to J. Bryan Quesenberry and United States of America re 6 Order on Motion for Extension of Time. (dgr)

Entry 7 · Filed 2025-06-03
Notice of Election to Decline to Intervene by United States of America. (Attachments: # 1 Text of Proposed Order)(dgr) (Entered: 06/03/2025)

Entry 8 · Filed 2025-06-03
ORDER. The United States of America having not intervened in this action, pursuant to the False Claims Act, 31 U.S.C. § 3730(b)(4), IT IS HEREBY ORDERED that: The Complaint filed by J. Bryan Quesenberry ("Relator") be unsealed in order that it may be served by Relator upon the Defendants; All other contents of the Court's file ( and associated docket entries) in this action shall remain under seal and not be made public or served upon Defendants, except for this Order and the United States of America's Notice of Election to Decline to Intervene, which Relator will serve upon Defendants after serving Relator's Complaint upon Defendants; The seal shall be lifted as to all other matters occurring in this action after the date of this Order. See Order for further details. Signed by Judge Mark H. Cohen on 6/3/2025. (dgr) (Entered: 06/04/2025)

Unnumbered entry · Filed 2025-06-04
Clerk's Certificate of Mailing as to J. Bryan Quesenberry re 8 Order. (dgr)

Entry 9 · Filed 2025-06-17
NOTICE of Appearance by Jason Marcus on behalf of J. Bryan Quesenberry (Marcus, Jason) (Entered: 06/17/2025)

Entry 10 · Filed 2025-06-17
APPLICATION for Admission of James Bryan Quesenberry Pro Hac Vice (Application fee $ 100, receipt number AGANDC-14382768).by J. Bryan Quesenberry. (Marcus, Jason) Documents for this entry are not available for viewing outside the courthouse. (Entered: 06/17/2025)

Unnumbered entry · Filed 2025-06-18
RETURN of 10 APPLICATION for Admission of James Bryan Quesenberry Pro Hac Vice (Application fee $ 100, receipt number AGANDC-14382768) to attorney for correction. Reason for Return: Residential and Business addresses can not be the same. If your Residence is your Business please specify on application. Please correct and resubmit. (esr)

Entry 11 · Filed 2025-06-19
APPLICATION for Admission of James Bryan Quesenberry Pro Hac Vice.by J. Bryan Quesenberry. (Marcus, Jason) Documents for this entry are not available for viewing outside the courthouse. (Entered: 06/19/2025)

Entry 12 · Filed 2025-06-19
PROPOSED SUMMONS filed by J. Bryan Quesenberry (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(Marcus, Jason) (Entered: 06/19/2025)

Unnumbered entry · Filed 2025-06-20
APPROVAL by Clerks Office re: 11 APPLICATION for Admission of James Bryan Quesenberry Pro Hac Vice (Application fee $ 100, receipt number AGANDC-14382768). Attorney James Bryan Quesenberry added appearing on behalf of J. Bryan Quesenberry. E-filing access may be requested after an order granting the application is entered. (mh)

Unnumbered entry · Filed 2025-06-23
MINUTE ORDER Granting 11 Application for Admission Pro Hac Vice of James Bryan Quesenberry by CRD at the direction of the Clerk's Office. Approved by Judge Mark H. Cohen on 6/23/2025. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(lme)

Entry 13 · Filed 2025-06-23
Electronic Summons Issued as to Ayesha Patel, Mukesh C. Patel, Rishi Patel, and SPE MB Atlantic Palms LLC. (dgr) (Entered: 06/23/2025)

Entry 14 · Filed 2025-06-23
First AMENDED COMPLAINT against All Defendants with Jury Demand filed by J. Bryan Quesenberry. (Attachments: # 1 Exhibit Ex. A - sale of hotel, # 2 Exhibit Ex. B - bank records 1st PPP draw, # 3 Exhibit Ex. C - bank records 2nd PPP draw)(Quesenberry, James) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 06/23/2025)

Entry 15 · Filed 2025-06-26
NOTICE by J. Bryan Quesenberry Notice of Change of Address for Relator (Quesenberry, James) (Entered: 06/26/2025)

Entry 16 · Filed 2025-08-18
MOTION for Service by Publication as to Rishi Patel, Ayesha Patel, and Mukesh C. Patel with Brief In Support by J. Bryan Quesenberry. (Attachments: # 1 Exhibit Exhibit B - Aff. of nonservice - Christian Seklecki, # 2 Exhibit Exhibit C - Decl. of B. Quesenberry, # 3 Exhibit Motion and order in other Rishi case, # 4 Exhibit Proofs of nonservice - ABC Legal, # 5 Text of Proposed Order Proposed order for service by publication)(Quesenberry, James) (Entered: 08/18/2025)

Entry 17 · Filed 2025-08-21
ORDER granting 16 Motion for Service by Publication. Plaintiff is DIRECTED to deposit the cost of publication, and to provide the Clerk the desired notice to be published and the name of the counties where the notice is to be published. The Clerk is DIRECTED to effect service by publication in accordance with O.C.G.A. § 9-11-4()(1 )(C) and mail a copy of Plaintiffs complaint, a copy of the publication notice, and a copy of this Order within fifteen (15) days of the entry of this Order to Defendants Rishi Patel, Ayesha Patel, and Mukesh C. Patel at their last known address: 2860 Cravey Drive, Atlanta, GA 30345. The Clerk is DIRECTED to cause the publication to be made in the counties requested by Plaintiff. Signed by Judge Mark H. Cohen on 8/21/2025. (dgr) (Entered: 08/21/2025)

Unnumbered entry · Filed 2025-08-22
Instructions for Service by Publication emailed to counsel (dgr)

Entry 18 · Filed 2025-08-27
PROPOSED SUMMONS filed by J. Bryan Quesenberry for SPE MB Atlantic Palms LLC (Quesenberry, James) (Entered: 08/27/2025)

Entry 19 · Filed 2025-09-04
Electronic Summons Issued as to SPE MB Atlantic Palms LLC. (dmb) (Entered: 09/04/2025)

Entry 20 · Filed 2025-09-05
NOTICE SERVICE BY PUBLICATION as to defendants Rishi Patel, Ayesha Patel, and Mukesh C. Patel. (Attachments: # 1 Notice of Service by Publication forwarded to South Fulton Neighbor Newspaper via envelope provided by Attorney, # 2 Redacted Copy of Check)(dgr) (Entered: 09/05/2025)

Unnumbered entry · Filed 2025-09-05
Clerk's Certificate of Mailing (pursuant to O.C.G.A. § 9114(f)(1)(C)) as to Ayesha Patel, Mukesh C. Patel, and Rishi Patel re 17 Order on Motion for Service by Publication, 20 Notice of for Service by Publication. (dgr)

Entry 21 · Filed 2025-10-01
ADMINISTRATIVE ORDER 25-01 Staying Civil Litigation in which the United States is a Party in Light of Lapse of Appropriations. Signed by Chief Judge Leigh Martin May on 10/1/2025. (bgt) (Entered: 10/02/2025)

Entry 22 · Filed 2025-10-02
MOTION for Order to Lift the Administrative Stay with Brief In Support by J. Bryan Quesenberry. (Quesenberry, James) (Entered: 10/02/2025)

Entry 23 · Filed 2025-10-16
ORDER GRANTING 22 Motion for Order to Lift the Administrative Stay. This Court's Administrative Stay 21 is LIFTED. Signed by Judge Mark H. Cohen on 10/16/2025. (fbj) (Entered: 10/17/2025)

Entry 24 · Filed 2025-10-20
ANSWER to 14 Amended Complaint by Ayesha Patel, Mukesh C. Patel, Rishi Patel, SPE MB Atlantic Palms LLC. Discovery ends on 3/19/2026.(Robl, Michael) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 10/20/2025)

Entry 25 · Filed 2025-11-12
First JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by J. Bryan Quesenberry. (Quesenberry, James) (Entered: 11/12/2025)

Entry 26 · Filed 2025-11-17
SCHEDULING ORDER: re 25 Joint Preliminary Report and Discovery Plan. The discovery period shall be for six (6) months, beginning on November 20, 2025, and shall conclude on May 20, 2026. Signed by Judge Mark H. Cohen on 11/17/2025. (fbj) (Entered: 11/17/2025)

Entry 27 · Filed 2025-11-21
CERTIFICATE OF SERVICE Re: Relator's Initial Disclosures by J. Bryan Quesenberry.(Quesenberry, James) (Entered: 11/21/2025)

Entry 28 · Filed 2025-11-21
CERTIFICATE OF SERVICE Re: Relator's First Set of Document Requests by J. Bryan Quesenberry.(Quesenberry, James) (Entered: 11/21/2025)

Entry 29 · Filed 2025-11-21
CERTIFICATE OF SERVICE Re: Relator's First Set of Interrogatories by J. Bryan Quesenberry.(Quesenberry, James) (Entered: 11/21/2025)

Entry 30 · Filed 2025-11-21
Certificate of Interested Persons and Corporate Disclosure Statement by J. Bryan Quesenberry. (Quesenberry, James) (Entered: 11/21/2025)

Entry 31 · Filed 2025-11-25
NOTICE by J. Bryan Quesenberry Notice of Subpoenas (Attachments: # 1 Exhibit Ex. A: Subpoena to Harvest Small Business Finance, # 2 Exhibit Ex. B: Subpoena to Cadence Bank, # 3 Exhibit Ex. C: Subpoena to Truist Bank, # 4 Exhibit Ex. D: Subpoena to First American, # 5 Exhibit Ex. E: Subpoena to American Express, # 6 Exhibit Ex. F: Subpoena to 703 Ocean Blvd, LLC, # 7 Exhibit Ex. G: Subpoena to MB Atlantic Management, LLC, # 8 Exhibit Ex. H: Subpoena to Harbor City, # 9 Exhibit Ex. I: Subpoena to Millennium Invest. Group, # 10 Exhibit Ex. J: Subpoena to SBA)(Quesenberry, James) (Entered: 11/25/2025)

Unnumbered entry · Filed 2025-12-08
Clerk's Notation re 30 Certificate of Interested Persons/Corporate Disclosure Statement reviewed by Mark H. Cohen. (lme)

Entry 32 · Filed 2025-12-16
CERTIFICATE OF SERVICE Re: Relator's Amended Initial Disclosures by J. Bryan Quesenberry.(Quesenberry, James) (Entered: 12/16/2025)

Entry 33 · Filed 2025-12-22
Unopposed MOTION for Extension of Time To Respond To Plaintiffs Interrogatories And Requests For Production Of Documents by Ayesha Patel, Mukesh C. Patel, Rishi Patel, SPE MB Atlantic Palms LLC. (Robl, Michael) (Entered: 12/22/2025)

Entry 34 · Filed 2025-12-22
ORDER granting 33 Motion for Extension of Time to Respond to Plaintiffs Interrogatories and Requests for Production of Documents. IT IS ORDERED that Defendants' deadline to respond to Plaintiffs Interrogatories and Requests for Production of Documents is extended through January 5, 2026. Signed by Judge Mark H. Cohen on 12/22/2025. (mrg) (Entered: 12/22/2025)

Entry 35 · Filed 2025-12-29
MOTION to Dismiss under Article II of U.S. Constitution with Brief In Support by Ayesha Patel, Mukesh C. Patel, Rishi Patel, SPE MB Atlantic Palms LLC. (Robl, Michael) (Entered: 12/29/2025)

Entry 36 · Filed 2025-12-29
MOTION to Stay due to Pending Motion to Dismiss and Imminent 11th Circuit Ruling on Dispositive Issue with Brief In Support by Ayesha Patel, Mukesh C. Patel, Rishi Patel, SPE MB Atlantic Palms LLC. (Robl, Michael) (Entered: 12/29/2025)

Entry 37 · Filed 2025-12-29
Amended MOTION to Dismiss Pursuant To Article II Of The United States Constitution by Ayesha Patel, Mukesh C. Patel, Rishi Patel, SPE MB Atlantic Palms LLC. (Robl, Michael) (Entered: 12/29/2025)

Entry 38 · Filed 2025-12-30
RESPONSE in Opposition re 37 Amended MOTION to Dismiss Pursuant To Article II Of The United States Constitution filed by J. Bryan Quesenberry. (Quesenberry, James) (Entered: 12/30/2025)

Entry 39 · Filed 2025-12-30
RESPONSE in Opposition re 36 MOTION to Stay due to Pending Motion to Dismiss and Imminent 11th Circuit Ruling on Dispositive Issue filed by J. Bryan Quesenberry. (Quesenberry, James) (Entered: 12/30/2025)

Entry 40 · Filed 2026-01-02
REPLY BRIEF re 37 Amended MOTION to Dismiss Pursuant To Article II Of The United States Constitution filed by Ayesha Patel, Mukesh C. Patel, Rishi Patel, SPE MB Atlantic Palms LLC. (Robl, Michael) (Entered: 01/02/2026)

Entry 41 · Filed 2026-01-02
REPLY to Response to 36 MOTION to Stay due to Pending Motion to Dismiss and Imminent 11th Circuit Ruling on Dispositive Issue filed by Ayesha Patel, Mukesh C. Patel, Rishi Patel, SPE MB Atlantic Palms LLC. (Robl, Michael) Modified on 1/5/2026 to correct event (fbj). (Entered: 01/02/2026)

Entry 42 · Filed 2026-01-13
NOTICE by J. Bryan Quesenberry of Subpoena (to Harvest Small Business Financial - REVISED) (Quesenberry, James) (Entered: 01/13/2026)

Entry 43 · Filed 2026-01-14
ORDER GRANTING 36 Motion to Stay. It is further ORDERED that this action is STAYED pending the Eleventh Circuit's decision in the appeal in Zafirov v. Florida Medical Associates LLC, No. 24-13581 (llth Cir. argued Dec. 12, 2025). The Clerk is DIRECTED to ADMINISTRATIVELY CLOSE this case. It is further ORDERED that within ten (10) days of the Eleventh Circuit's resolution of the appeal in Zafirov, Defendants shall file a Motion to Reopen and Lift the Stay in this case, advising the Court of the impact of the Eleventh Circuit's decision on their Amended Motion to Dismiss. Relator shall have fourteen (14) days from the date of such motion to file any response. Signed by Judge Mark H. Cohen on 1/14/2026. (fbj) (Entered: 01/14/2026)

Unnumbered entry · Filed 2026-01-14
Civil Case Terminated. (fbj)

Entry 44 · Filed 2026-09-11
STATUS REPORT following 11th Circuit Court of Appeals ruling in Zafirov by Ayesha Patel, Mukesh C. Patel, Rishi Patel, SPE MB Atlantic Palms LLC. (Robl, Michael) (Entered: 09/11/2026)

Entry 45 · Filed 2026-09-11
RESPONSE re 44 Status Report filed by J. Bryan Quesenberry. (Attachments: # 1 Exhibit Ex. A: Zafirov appeal decision, # 2 Exhibit Ex. B: proposed scheduling order)(Quesenberry, James) (Entered: 09/11/2026)

Entry 46 · Filed 2026-09-24
MOTION to Reopen Case with Brief In Support by J. Bryan Quesenberry. (Attachments: # 1 Exhibit Ex. A, # 2 Exhibit Ex. B, # 3 Exhibit Ex. C)(Quesenberry, James) (Entered: 09/24/2026)

Entry 47 · Filed 2026-09-25
ORDER GRANTING 46 MOTION to Reopen Case filed by J. Bryan Quesenberry. The above-styled action is hereby REOPENED. It is further ORDERED that to the extent Defendants have embedded a motion to continue the stay in their Status Report 44, it is DENIED. It is further ORDERED that Defendants' Amended Motion to Dismiss 37 is DENIED. The parties are DIRECTED to confer and file a joint proposed scheduling order regarding any remaining discovery and dispositive motions in this case within fourteen (14) days of this Order. Signed by Judge Mark H. Cohen on 9/25/2026. (fbj) (Entered: 09/25/2026)

Entry 48 · Filed 2026-10-09
Second JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by J. Bryan Quesenberry. (Quesenberry, James) (Entered: 10/09/2026)

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