Prime Healthcare Services-Shasta, LLC v Burwell

Filing 7

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 4/20/15 re: #6 ORDERING the extension of the deadline for filing a responsive pleading to Plaintiff's Complaint from 5/29/15 to 6/5/15. (Meuleman, A)

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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: (916) 554-2821 Facsimile: (916) 554-2900 5 edward.olsen@usdoj.gov 6 Attorneys for Defendants 7 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 12 13 14 15 16 17 18 PRIME HEALTHCARE SERVICES – SHASTA, LLC, a Delaware limited liability company doing business as Shasta Regional Medical Center, Plaintiff, v. CASE NO. 2:15-cv-00474-MCE-CMK STIPULATION AND ORDER TO EXTEND THE DEADLINE TO FILE A RESPONSIVE PLEADING [L.R. 144(a)] SYLVIA MATHEWS BURWELL, in her official capacity as Secretary of the Department of Health and Human Services, Defendant. 19 20 Plaintiff Prime Healthcare Services – Shasta, LLC, and Defendant Sylvia Burwell, Secretary 21 22 of the Department of Health and Human Services, by and through their attorneys, hereby stipulate, 23 subject to approval of the Court, to extend the deadline for filing a responsive pleading to Plaintiff’s 24 Complaint from May 29, 2015, to June 5, 2015, in light of the following: Plaintiff has filed a total of 8 cases challenging determinations by the Medicare Appeals 25 26 Council that Plaintiff lacked standing to appeal the denial of its claims for payment for emergency 27 medical services provided to 29 Medicare beneficiaries between November 2008 and February 2009. 28 // 29 30 STIPULATION TO EXTEND DEADLINE FOR DEFENDANT TO FILE A RESPONSIVE PLEADING; ORDER THEREON 1 1 These cases are as follows: 2 (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. 8 (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. 14 (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. 19 (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. 24 (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. 29 30 STIPULATION TO EXTEND DEADLINE FOR DEFENDANT TO FILE A RESPONSIVE PLEADING; ORDER THEREON 2 1 (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. 6 (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. 11 (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. 16 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. 23 Respectfully submitted, 24 Dated: April 7, 2015 BENJAMIN B. WAGNER United States Attorney 25 26 27 28 29 30 /s/ Edward A. Olsen EDWARD A. OLSEN Assistant United States Attorney Attorneys for Defendants STIPULATION TO EXTEND DEADLINE FOR DEFENDANT TO FILE A RESPONSIVE PLEADING; ORDER THEREON 3 1 Dated: April 7, 2015 2 3 /s/ Yekaterina Dekadokh YEKATERINA DEKADOKH Attorney for Prime Healthcare Services – Shasta LLC 4 5 6 7 ORDER Pursuant to stipulation and good cause having been shown, IT IS SO ORDERED. Dated: April 20, 2015 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 STIPULATION TO EXTEND DEADLINE FOR DEFENDANT TO FILE A RESPONSIVE PLEADING; ORDER THEREON 4

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