Prime Healthcare Shasta, LLC v. Hargan

Filing 11

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 04/13/15 ORDERING that the deadline for defendant's responsive pleading is extended to 06/05/15. (Benson, A)

1 BENJAMIN B. WAGNER
United States Attorney
2 EDWARD A. OLSEN (CSBN 214150)
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
Facsimile: [phone]
5 [e-mail]
6 Attorneys for Defendants
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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PRIME HEALTHCARE SERVICES –
SHASTA, LLC, a Delaware limited liability
company doing business as Shasta Regional
Medical Center,

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Plaintiff,

CASE NO. 2:14-CV-02791-TLN-KJN
SECOND STIPULATION AND
ORDER TO EXTEND THE
DEADLINE TO FILE A
RESPONSIVE PLEADING

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v.

[L.R. 144(a)]

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SYLVIA MATHEWS BURWELL, in her
official capacity as Secretary of the Department
of Health and Human Services,

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Defendant.
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Plaintiff Prime Healthcare Services – Shasta, LLC, and Defendant Sylvia Burwell, Secretary

21 of the Department of Health and Human Services, by and through their attorneys, hereby stipulate,
22 subject to approval of the Court, to extend the deadline for filing a responsive pleading to Plaintiff’s
23 Complaint from April 10, 2015, to June 5, 2015, in light of the following:
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Plaintiff has filed a total of 8 cases challenging determinations by the Medicare Appeals

25 Council that Plaintiff lacked standing to appeal the denial of its claims for payment for emergency
26 medical services provided to 29 Medicare beneficiaries between November 2008 and February 2009.
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SECOND STIPULATION AND ORDER TO EXTEND DEADLINE FOR
DEFENDANT TO FILE A RESPONSIVE PLEADING

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These cases are as follows:

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(1)

In Prime Healthcare Services – Shasta, LLC v. Burwell, 2:14-cv-02791-TLN-KJN,

3 plaintiff challenges a determination by the Medicare Appeals Council, dated September 30, 2014,
4 that it lacked standing to appeal the denial of its claims for payment for emergency medical services
5 provided to 29 Medicare beneficiaries between November 2008 and February 2009. The deadline
6 for Defendant’s responsive pleading was March 13, 2013, but the parties filed a stipulation to extend
7 that deadline to April 10, 2013.
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(2)

In Prime Healthcare Services – Shasta, LLC v. Burwell, 2:15-cv-00154-TLN-DAD,

9 plaintiff challenges a determination by the Medicare Appeals Council, dated November 21, 2014,
10 that it lacked standing to appeal the denial of its claims for payment for emergency medical services
11 provided to 17 Medicare beneficiaries between November 2008 and February 2009. The deadline
12 for Defendant’s responsive pleading was March 30, 2013, but the parties filed a stipulation to extend
13 that deadline to April 10, 2013.
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(3)

In Prime Healthcare Services – Shasta, LLC v. Burwell, 2:15-cv-00324-JAM-CMK,

15 plaintiff challenges a determination by the Medicare Appeals Council, dated December 10, 2014,
16 that it lacked standing to appeal the denial of its claims for payment for emergency medical services
17 provided to 6 Medicare beneficiaries between November 2008 and February 2009. The deadline for
18 Defendant’s responsive pleading is May 4, 2015.
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(4)

In Prime Healthcare Services – Shasta, LLC v. Burwell, 2:15-cv-00400-TLN-CMK,

20 plaintiff challenges a determination by the Medicare Appeals Council, dated December 23, 2014,
21 that it lacked standing to appeal the denial of its claims for payment for emergency medical services
22 provided to 10 Medicare beneficiaries between November 2008 and February 2009. The deadline
23 for Defendant’s responsive pleading is May 4, 2015.
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(5)

In Prime Healthcare Services – Shasta, LLC v. Burwell, 2:15-cv-00450-KJM-CKD,

25 plaintiff challenges a determination by the Medicare Appeals Council, dated December 29, 2014,
26 that it lacked standing to appeal the denial of its claims for payment for emergency medical services
27 provided to 18 Medicare beneficiaries between November 2008 and February 2009. The deadline
28 for Defendant’s responsive pleading is May 29, 2015.
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SECOND STIPULATION AND ORDER TO EXTEND DEADLINE FOR
DEFENDANT TO FILE A RESPONSIVE PLEADING

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(6)

In Prime Healthcare Services – Shasta, LLC v. Burwell, 2:15-cv-00473-MCE--CMK,

2 plaintiff challenges a determination by the Medicare Appeals Council, dated January 2, 2015, that it
3 lacked standing to appeal the denial of its claims for payment for emergency medical services
4 provided to 19 Medicare beneficiaries between November 2008 and February 2009. The deadline
5 for Defendant’s responsive pleading is May 29, 2015.
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(7)

In Prime Healthcare Services – Shasta, LLC v. Burwell, 2:15-cv-00474-MCE--CMK,

7 plaintiff challenges a determination by the Medicare Appeals Council, dated January 2, 2015, that it
8 lacked standing to appeal the denial of its claims for payment for emergency medical services
9 provided to 7 Medicare beneficiaries between November 2008 and February 2009. The deadline for
10 Defendant’s responsive pleading is May 29, 2015.
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(8)

In Prime Healthcare Services – Shasta, LLC v. Burwell, 2:15-cv-00709-TLN-KJN,

12 plaintiff challenges a determination by the Medicare Appeals Council, dated December 29, 2015,
13 that it lacked standing to appeal the denial of its claims for payment for emergency medical services
14 provided to 25 Medicare beneficiaries between November 2008 and February 2009. The deadline
15 for Defendant’s responsive pleading is June 2, 2015.
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The 8 cases are related because they involve the same parties and present the same legal issue

17 – whether Medicare Appeals Council correctly determined that plaintiff lacked standing to appeal
18 the denial of its claims for payment for emergency medical services provided to various beneficiaries
19 between November 2008 and February 2009. The parties believe that, in the interest of economy
20 and efficiency, it makes sense to have a single responsive pleading deadline for all eight cases and,
21 accordingly, respectfully ask the Court to extend the deadline for the Defendant’s responsive
22 pleading to June 5, 2015.
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Respectfully submitted,

24 Dated: April 7, 2015

BENJAMIN B. WAGNER
United States Attorney

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/s/ Edward A. Olsen
EDWARD A. OLSEN
Assistant United States Attorney
Attorneys for Defendants

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SECOND STIPULATION AND ORDER TO EXTEND DEADLINE FOR
DEFENDANT TO FILE A RESPONSIVE PLEADING

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1 Dated: April 7, 2015
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/s/ Yekaterina Dekadokh
YEKATERINA DEKADOKH
Attorney for Prime Healthcare Services – Shasta
LLC

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ORDER
Pursuant to stipulation and good cause having been shown, IT IS SO ORDERED.
Dated: April 13, 2015

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Troy L. Nunley
United States District Judge

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SECOND STIPULATION AND ORDER TO EXTEND DEADLINE FOR
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