United States of America et al v. Somina, Inc., et al.

Filing 145

STIPULATION and ORDER modifying the case schedule as follows: Non-Expert Discovery due by 3/12/2021; Designation of Expert Witnesses due by 1/26/2021; Rebuttal Designation of Expert Witnesses due by 2/18/2021; Expert Discovery due by 3/19/2021; Disp ositive Motions filed by 3/26/2021; Pretrial Conference set for 8/23/2021 at 01:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd; and Jury Trial set for 10/19/2021 at 08:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Order signed by Magistrate Judge Erica P. Grosjean on 5/5/2020. (Rooney, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES and the STATE OF
CALIFORNIA ex rel. NICOLE
11 O’NEILL. NICOLE O’NEILL
Plaintiff,
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vs.
SOMNIA, INC., PRIMARY
ANESTHESIA SERVICES, PST
SERVICES LLC, ROBERT
GOLDSTEIN, M.D., ROY
WINSTON, M.D., BRYON
MENDENHALL, M.D., QUINN GEE,
M.D., AND MARGARET
VASSILEV, M.D, AND DOES 1
through 10 inclusive,

Case No.: 1:15-CV-00433-DAD-EPG
JOINT STIPULATION TO
CONTINUE SCHEDULE; ORDER;
AND DECLARATIONS OF
WILMER HARRIS AND JASON
GONZALEZ IN SUPPORT OF
JOINT STIPULATION
Date Action Filed: March 19, 2015

Defendants.

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Plaintiff Nicole O’Neill (“Plaintiff”) and Defendants Somnia, Inc., Primary

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Anesthesia Services, Byron Mendenhall, M.D., Quinn Gee, M.D. and Margaret

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Vassilev, M.D. (“Defendants”), by and through their respective counsel of record,

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and supported by the declarations of Wilmer Harris and Jason Gonzalez filed

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concurrently herewith and incorporated by reference, hereby jointly stipulate as

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follows:

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WHEREAS, on March 19, 2015, Plaintiff filed under seal her initial
Complaint against Defendants;

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WHEREAS, in or around April 2017, the filing was unsealed and Defendants
were served with the Complaint;

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WHEREAS, on June 7, 2017, Defendants filed a Motion to Dismiss;

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WHEREAS, rather than oppose the Motion to Dismiss, Plaintiff opted to file

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an amended complaint on July 7, 2017;
WHEREAS, on August 21, 2017, Defendants filed a Motion to Dismiss
Plaintiff’s First Amended Complaint;
WHEREAS, on February 2, 2018, the Court ruled on Defendants’ Motion to
Dismiss Plaintiff’s First Amended Complaint;
WHEREAS, on February 28, 2018, Plaintiff filed the operative Second
Amended Complaint;
WHEREAS, on February 12, 2019, the Court granted the parties’ Joint
Stipulation to Amend Scheduling Order;

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WHEREAS, on December 4, 2019, a telephonic informal discovery

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conference was held before Magistrate Judge Grosjean with counsel for Relator and

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Defendants appearing;

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WHEREAS, the parties and the Court agreed that the parties required more

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time to agree to, and execute, a sampling protocol for the anesthesia records and

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billing material to the resolution of this case and amended the Scheduling Order as

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follows:

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Nonexpert Discovery Cutoff:

June 30, 2020

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Expert Disclosure:

May 11, 2020

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Rebuttal Expert Disclosure:

June 8, 2020

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Expert Discovery Cutoff:

July 7, 2020

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Except otherwise stated, the prior Scheduling Order remained in effect.

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WHEREAS, the parties have diligently been engaged in discovery including

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producing and reviewing anesthesia records and bills as part of a pilot sample;

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WHEREAS, the parties have implemented a weekly call between counsel and
the parties’ respective experts to discuss the sampling procedure and documents;
WHEREAS, the parties and their experts have participated in at least four
such weekly calls;

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WHEREAS, Relator has provided a proposal sampling protocol to

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Defendants and the parties and their experts are engaged in meet and confer

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regarding Relator’s proposal;

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WHEREAS, this case relates to the 2011 – 2013 time period, and since that
time Defendants have changed electronic health and billing records vendors;
WHEREAS, some of the technology for generating reports potentially
required for sampling from those records is not within Defendants’ control;

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WHEREAS, Defendants’ former records vendor for the relevant time period

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was sold to a new company, causing communication difficulties, but nonetheless

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Defendants have been in discussions with the new company to create a special

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project for generating reports to meet the potential needs of the sampling protocol;

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WHEREAS, Defendants have encountered significant delays and difficulties

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obtaining certain anesthesia records, bills, and reports from third-parties including

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Kaweah Delta Medical Center;

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WHEREAS, due to COVID-19 and the associated government orders and

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restrictions, the parties are unable to complete discovery including depositions of

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out-of-state witnesses, as well as the deposition of Relator who currently resides in

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New Zealand and is unable to travel to the U.S. to have her deposition taken; and

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WHEREAS, the parties agree that additional time is necessary for Defendants

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to obtain documents and records from third-parties, finalize the sampling protocol

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and conduct the sample and finish discovery;

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THEREFORE, the parties hereby stipulate and request the Court to amend the
Scheduling Order as follows:
Nonexpert Discovery Cutoff:

March 12, 2021
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Expert Disclosure:

January 26, 2021

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Rebuttal Expert Disclosure:

February 18, 2021

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Expert Discovery Cutoff:

March 19, 2021

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Last Date for Dispositive Motions

March 26, 2021

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Trial:

October 8, 2021

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: May 5, 2020

SCHONBRUN SEPLOW
HARRIS & HOFFMAN LLP

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TYCKO & ZAVAREEI LLP

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/s/ Wilmer J. Harris
By: __________________________________
Wilmer J. Harris
Attorneys for Relator/Plaintiff, Nicolle
O’Neill

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DATED: May 5, 2020

NIXON PEABODY LLP
By:

/s/ Erin Holyoke
__________________________________
Erin Holyoke
Attorneys for Defendant
SOMNIA, INC., PRIMARY ANESTHESIA
SERVICES, PST SERVICES, LLC, BYRON
MENDENHALL, M.D., QUINN GEE, M.D.,
and MARGARET VASSILEV, M.D.

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I hereby attest that the signatories listed, and on whose behalf the filing is
submitted, concur in this document’s content and have authorized the filing of this
document with the use of their electronic signature.

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Dated: May 5, 2020

NIXON PEABODY LLP
By

/s/ Erin Holyoke
MICHAEL R. LINDSAY
JASON GONZALEZ
ERIN J. HOLYOKE
MAE HAU
Attorneys for Defendants
SOMNIA, INC., PRIMARY ANESTHESIA
SERVICES, BYRON MENDENHALL,
M.D., QUINN GEE, M.D., AND
MARGARET VASSILEV, M.D.

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ORDER

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GOOD CAUSE HAVING BEEN SHOWN AND THE PARTIES HAVING

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STIPULATED TO THE SAME, the Court finds that the above-stated Stipulation is

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sanctioned by the Court and shall be and is now the Order of the Court, with the

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following adjustments to the Pretrial Conference and the Trial Date. The following

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are the new dates for this matter:

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Nonexpert Discovery Cutoff:

March 12, 2021

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Expert Disclosure:

January 26, 2021

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Rebuttal Expert Disclosure:

February 18, 2021

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Expert Discovery Cutoff:

March 19, 2021

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Last Date for Dispositive Motions:

March 26, 2021

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Pretrial Conference:

August 23, 2021, at 1:30 p.m.

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Trial:

October 19, 2021, at 8:30 a.m.

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IT IS SO ORDERED.
Dated:

May 5, 2020

/s/
UNITED STATES MAGISTRATE JUDGE

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