Dalitz et al v. AmSurg Corp. et al

Filing 81

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 04/29/16 ORDERING that the parties may take two third-party depositions post fact discovery cutoff. (Benson, A)

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BOUTIN JONES INC.
Robert D. Swanson (SBN 162816)
Brian M. Taylor (SBN 214838)
555 Capitol Mall, Suite 1500
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]
BASS BERRY & SIMS PLC
Brian D. Roark
(admitted pro hac vice)
Matthew M. Curley
(admitted pro hac vice)
150 Third Ave. South, Suite 2800
Nashville, Tennessee 37201-3001
Telephone: [phone]
Facsimile: [phone]

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Attorneys for all Defendants

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ARNOLD LAW FIRM
Clayeo C. Arnold (SBN 65070)
Gary B. Callahan (SBN 47543)
Tatiana Filippova (SBN 283305)
865 Howe Avenue
Sacramento, CA 95825
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Relators

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA and the
STATE OF CALIFORNIA, ex rel. DOUGLAS
DALITZ and RANDY GRAY,

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Relators,

Case No.: 12-cv-2218 TLN CKD
STIPULATED REQUEST TO TAKE TWO
THIRD-PARTY DEPOSITIONS POST
FACT DISCOVERY CUTOFF; ORDER
Courtroom:
Judge:

vs.

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Hon. Troy L. Nunley

AMSURG CORP.; GASTROENTEROLOGY
ASSOCIATES ENDOSCOPY CENTER,
L.L.C.; REDDING GASTROENTEROLOGY,
L.L.C. d/b/a REDDING ENDOSCOPY
CENTER; GADDAM NARESH REDDY,
M.D.; PIYUSH KUMAR DHANUKA, M.D.;
AND B. NICHOLAS NAMIHAS, M.D.,
Defendants.

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STIPULATED REQUEST TO MODIFY PRETRIAL SCHEDULING ORDER; ORDER

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Plaintiffs United States of America and the State of California, ex rel., Douglas Dalitz

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and Randy Gray (“Relators”) and Defendants AmSurg Corp., Gastroenterology Associates

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Endoscopy Center, L.L.C., Redding Gastroenterology, L.L.C., d/b/a Redding Endoscopy Center,

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Gaddam Naresh Reddy, M.D., Piyush Kumar Dhanuka, M.D., and B. Nicholas Namihas, M.D.

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through their attorneys, hereby stipulate and request modification of this Court’s Pretrial

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Scheduling Order (the “Scheduling Order”), filed January 19, 2016 (Dkt. 77).

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The Pretrial Scheduling Status Order establishes April 29, 2016 as the date that discovery

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is to be completed. The parties request permission to take two third-party depositions after the

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fact discovery cutoff of April 29, 2016.

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The parties submit that there is good cause for this request. The parties jointly represent

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to the Court that this requested continuance is not a result of dilatory tactics or lack of diligence

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by the parties. The parties have diligently pursued the completion of fact discovery. All noticed

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depositions (including party depositions) have been completed with the exception of two third-

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party depositions. The deposition of Somnia, Inc. is scheduled to take place in New York on

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May 11, 2016 and the deposition of former Amsurg employee Lori Wenham is scheduled to take

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place in Colorado on May 13, 2016. It has been necessary to schedule these depositions to take

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place after the discovery cutoff due to the availability of these third-party witnesses and counsel

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for relators who is scheduled to be out of the country the weeks of April 25 and May 2. The

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parties seek additional time to complete these two depositions only. The taking of these two

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depositions after the discovery cutoff will not affect the parties’ ability to comply with all other

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dates in the court’s pretrial scheduling order, including the completion of expert discovery.

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IT IS SO STIPULATED.

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Dated: April 29, 2016

BOUTIN JONES INC.

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By:

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/s/ Robert D. Swanson
Robert D. Swanson
Brian M. Taylor
Attorneys for Defendants

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2
STIPULATED REQUEST TO MODIFY PRETRIAL SCHEDULING ORDER; ORDER

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Dated: April 29, 2016

ARNOLD LAW FIRM

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By:

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/s/ Gary B. Callahan
Clayeo C. Arnold
Gary B. Callahan
(As authorized on 4-29-16)
Attorneys for Relators

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IT IS SO ORDERED
Dated: April 29, 2016

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Troy L. Nunley
United States District Judge

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STIPULATED REQUEST TO MODIFY PRETRIAL SCHEDULING ORDER; ORDER