Prime Healthcare Services-Shasta, LLC v Burwell

Filing 13

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 06/02/15 ORDERING that the deadline to file an Amended Complaint is 7/2/2015 and the deadline to file a responsive pleading is 09/04/15. (Benson, A)

Andrew H. Selesnick (SBN 160516)
Damaris L. Medina (SBN 262788)
2 Ketakee R. Kane (SBN 291828)
MICHELMAN & ROBINSON, LLP
3 15760 Ventura Boulevard, 5th Floor
Encino, California 91436
4 Telephone: [phone]
Facsimile: [phone]
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Troy A. Schell, Esq. (SBN 208661)
Bryan Wong, Esq. (SBN 205573)
PRIME HEALTHCARE SERVICES, INC.
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7 3300 East Guasti Road, 3 Floor
Ontario, California 91761
8 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Plaintiff
Additional Counsel Listed On Next Page
UNITED STATES DISTRICT COURT
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;
)
)
Plaintiff
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vs.
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)
Sylvia Mathews Burwell in her
)
official capacity as Secretary of the )
Department of Health and Human )
Services,
)
)
Defendant.
)
)
)
)
)
)
)
)

Case No. 2:15-cv-00474- TLN-KJN
SECOND STIPULATION AND
ORDER TO EXTEND THE
DEADLINE TO FILE A
RESPONSIVE PLEADING
[L.R. 144(A)]

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SECOND STIPULATION AND ORDER

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BENJAMIN B. WAGNER
United States Attorney
EDWARD A. OLSEN (CSBN 214150)
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Defendants

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SECOND STIPULATION AND ORDER

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Plaintiff Prime Healthcare Services – Shasta, LLC (“Plaintiff”), and

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Defendant Sylvia Burwell, Secretary of the Department of Health and Human

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Services, (“Defendant”) by and through their attorneys, hereby stipulate, subject to

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approval of the Court, to the following:

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Plaintiff has filed a total of 9 cases challenging determinations by the

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Medicare Appeals Council that Plaintiff lacked standing to appeal the denial of its

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claims for payment for emergency medical services provided to Medicare

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beneficiaries between November 2008 and February 2009.

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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-

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02791-TLN-KJN, Plaintiff challenges a determination by the Medicare Appeals

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Council, dated September 30, 2014, that it lacked standing to appeal the denial of

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its claims for payment for emergency medical services provided to 29 Medicare

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beneficiaries between November 2008 and February 2009. The deadline for

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Defendant's responsive pleading was March 13, 2015, but the parties filed a

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stipulation to extend that deadline to April 10, 2015.

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stipulation to extend the deadline to June 5, 2015.

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(2)

Parties filed a further

In Prime Healthcare Services - Shasta, LLC v. Burwell, 2:15-cv-

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00154-TLN-KJN, Plaintiff challenges a determination by the Medicare Appeals

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Council, dated November 21, 2014, that it lacked standing to appeal the denial of

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its claims for payment for emergency medical services provided to 17 Medicare

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beneficiaries between November 2008 and February 2009.

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Defendant's responsive pleading was March 30, 2015, but the parties filed a

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stipulation to extend that deadline to April 10, 2015.

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stipulation to extend the deadline to June 5, 2015.

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(3)

The deadline for

Parties filed a further

In Prime Healthcare Services - Shasta, LLC v. Burwell, 2:15-cv-

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00324-TLN-KJN, Plaintiff challenges a determination by the Medicare Appeals

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Council, dated December 10, 2014, that it lacked standing to appeal the denial of
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SECOND STIPULATION AND ORDER

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its claims for payment for emergency medical services provided to 6 Medicare

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beneficiaries between November 2008 and February 2009.

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Defendant's responsive pleading was May 4, 2015, but the parties filed a

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stipulation to extend that deadline to June 5, 2015.

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(4)

The deadline for

In Prime Healthcare Services - Shasta, LLC v. Burwell, 2:15-cv-

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00400-TLN-KJN, Plaintiff challenges a determination by the Medicare Appeals

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Council, dated December 23, 2014, that it lacked standing to appeal the denial of

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its claims for payment for emergency medical services provided to 10 Medicare

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beneficiaries between November 2008 and February 2009. The deadline for

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Defendant's responsive pleading was May 4, 2015, but the parties filed a

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stipulation to extend that deadline to June 5, 2015.

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(5)

In Prime Healthcare Services - Shasta, LLC v. Burwell, 2:15-cv-

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00450-TLN-KJN, Plaintiff challenges a determination by the Medicare Appeals

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Council, dated December 29, 2014, that it lacked standing to appeal the denial of

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its claims for payment for emergency medical services provided to 18 Medicare

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beneficiaries between November 2008 and February 2009. The deadline for

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Defendant's responsive pleading was May 29, 2015, but the parties filed a

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stipulation to extend that deadline to June 5, 2015.

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(6)

In Prime Healthcare Services - Shasta, LLC v. Burwell, 2:15-cv-

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00473-TLN-KJN, Plaintiff challenges a determination by the Medicare Appeals

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Council, dated January 2, 2015, that it lacked standing to appeal the denial of its

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claims for payment for emergency medical services provided to 19 Medicare

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beneficiaries between November 2008 and February 2009.

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Defendant's responsive pleading was May 29, 2015, but the parties filed a

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stipulation to extend that deadline to June 5, 2015.

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(7)

The deadline for

In Prime Healthcare Services - Shasta, LLC v. Burwell, 2:15-cv-

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00474-TLN-KJN, Plaintiff challenges a determination by the Medicare Appeals

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Council, dated January 2, 2015, that it lacked standing to appeal the denial of its
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SECOND STIPULATION AND ORDER

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claims for payment for emergency medical services provided to 7 Medicare

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beneficiaries between November 2008 and February 2009.

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Defendant's responsive pleading was May 29, 2015, but the parties filed a

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stipulation to extend that deadline to June 5, 2015.
(8)

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The deadline for

In Prime Healthcare Services - Shasta, LLC v. Burwell, 2:15-cv-

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00709-TLN-KJN, Plaintiff challenges a determination by the Medicare Appeals

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Council, dated January 2, 2015, that it lacked standing to appeal the denial of its

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claims for payment for emergency medical services provided to 25 Medicare

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beneficiaries between November 2008 and February 2009.

The deadline for

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Defendant's responsive pleading was June 2, 2015, but the parties filed a

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stipulation to extend that deadline to June 5, 2015.
(9)

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In Prime Healthcare Services - Shasta, LLC v. Burwell, 2:15-cv-

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01120-GEB-CMK, Plaintiff challenges a determination by the Medicare Appeals

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Council, dated March 25, 2015, that it lacked standing to appeal the denial of its

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claims for payment for emergency medical services provided to 2 Medicare

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beneficiaries between November 2008 and February 2009.

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In each of the nine cases, Plaintiff has recently retained the law firm of

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Michelman & Robinson LLP, and intends to amend the complaints in each of the

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nine cases pursuant to Federal Rule of Civil Procedure 15.

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Accordingly, the parties agree, subject to approval of the Court, that

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Defendant will not be required to file a Responsive Pleading to the Complaints in

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each of the 9 cases and further agree to the following schedule:

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SECOND STIPULATION AND ORDER

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Deadline for filing an Amended Complaint in each case:

July 2, 2015

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Deadline for filing a Responsive Pleading in each case:

September 4, 2015

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Dated: June 1, 2015

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By:/s/ Ketakee R. Kane__________________
Andrew H. Selesnick
Damaris L. Medina
Ketakee R. Kane
Troy A. Schell, Esq.
Bryan Wong, Esq.
Attorneys for Plaintiff Prime Healthcare
Services – Shasta, LLC

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By: /s/ Edward A. Olsen (as authorized on
May 29, 2015).
Edward A. Olsen
Benjamin B. Wagner
Attorneys for Defendant Sylvia Mathews
Burwell

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SECOND STIPULATION AND ORDER

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ORDER
Pursuant to stipulation and good cause having been shown, IT IS SO
ORDERED.

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Dated: June 2, 2015

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Troy L. Nunley
United States District Judge

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SECOND STIPULATION AND ORDER