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United States v. Kumar

United States District Court, E.D. North Carolina, Eastern Division

April 3, 2019

UNITED STATES OF AMERICA,
v.
SANJAY KUMAR, Defendant.

          ORDER

          LOUISE W. FLANAGAN, UNITED STATES DISTRICT JUDGE

         This matter come before the court on motions to modify defendant's subpoena and quash another of defendant's subpoenas, filed by the North Carolina Department of Health and Human Services (“DHHS”). (DE 237, DE 239). For the reasons that follow, DHHS's motions are granted.

         BACKGROUND

         The government alleges that for more than ten years, defendant operated a purported pain management clinic in New Bern, North Carolina, called “New Bern Medicine and Sports Rehabilitation.” From approximately 2011 to 2016, defendant allegedly prescribed more than 1, 000, 000 pills containing Schedule II and Schedule IV controlled substances, receiving more than $1, 000, 000.00 in cash for those pills. See, e.g., United States of America v. Sanjay Kumar, Defendant, No. 4:17-CR-5-FL-1, 2019 WL 1387687, at *1 (E.D. N.C. Mar. 27, 2019). Jury trial is set to commence July 8, 2019.

         The North Carolina Controlled Substances Reporting System (“CSRS”) is managed by the North Carolina Drug Control Unit, which is part of the Mental Health, Developmental Disabilities and Substance Abuse Services Division of DHHS. The CSRS is a central repository which tracks prescriptions dispensed in the state of North Carolina. On March 22, 2019, DHHS filed the instant motions to modify one subpoena issued by defendant to DHHS and to quash another subpoena issued by defendant to DHHS, both seeking information regarding CSRS. Regarding the former subpoena, defendant seeks the following records from the CSRS:

1. All prescriber and prescription information pertaining to any and all Schedule 1, Schedule 2, Schedule 3, and Schedule 4 drugs for the years 2012 through 2018 for the following Doctor's orders, including all PA orders on their behalf and under all DEA numbers assigned to the named physician[s]:
a. Dr. Michael K. Nunn
b. Dr. Alan Russakov
c. Dr. Raymond Bradley, Jr.
d. Dr. Sanjay Kumar
e. Dr. Benjamin Wall
f. Dr. Paul P. Carnes
g. Dr. Lawrence H. ...

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