United States District Court, E.D. North Carolina, Eastern Division
W. FLANAGAN, UNITED STATES DISTRICT JUDGE
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.
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.
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
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
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. ...