Prime Healthcare Services - Shasta, LLC v. Burwell

Filing 13

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 8/18/15 re: #12 ORDERING the responsive pleading deadline MOVED to 10/5/15. (Meuleman, 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 Defendant
7 Andrew H. Selesnick (SBN 160516)
Damaris L. Medina (SBN 262788)
8 Ketakee R. Kane (SBN 291828)
MICHELMAN & ROBINSON, LLP
9 15760 Ventura Boulevard, 5th Floor
Encino, California 91436
10 Telephone: [phone]
Facsimile: [phone]
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Troy A. Schell, Esq. (SBN 208661)
12 Bryan Wong, Esq. (SBN 205573)
PRIME HEALTHCARE SERVICES, INC.
13 3300 East Guasti Road, 3rd Floor
Ontario, California 91761
14 Telephone:
[phone]
Facsimile:
[phone]
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Attorneys for Plaintiff
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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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STIPULATION AND PROPOSED
ORDER TO EXTEND THE
DEADLINE TO FILE A
RESPONSIVE PLEADING

Plaintiff,

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CASE NO. 2:15-CV-01120-TLN-KJN

v.

[L.R. 144(a)]

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

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STIPULATION TO EXTEND DEADLINE FOR
DEFENDANT TO FILE A RESPONSIVE PLEADING

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

2 of the Department of Health and Human Services, by and through their attorneys, hereby stipulate,
3 subject to approval of the Court, to extend the deadline for filing a responsive pleading to Plaintiff’s
4 First Amended Complaint from September 4, 2015, to October 5, 2015, in light of the following:
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Plaintiff has filed a total of 9 cases challenging determinations by the Medicare Appeals

6 Council that Plaintiff lacked standing to appeal the denial of its claims for payment for emergency
7 medical services provided to multiple Medicare beneficiaries between November 2008 and February
8 2009. The parties have previously stipulated to a responsive deadline of September 4, 2015, in each
9 of these 9 cases.
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In light of defendant’s attorney’s workload –which includes a trial in September in Koval v.

11 United States, 2:13-cv-2552-JAM-DAD, depositions currently scheduled for September in E.R. v.
12 Sutter Davis Hospital, 2:14-cv-2053-WBS-CKD, a reply brief due in September in Bullen v. Lynch,
13 2:13-cv-1349-TMB (Dist. of Ariz.), a reply brief due in September in Muir v. United States, 2:14-cvth
14 2716-MCE-CKD, and a 9 Circuit oral argument in October in Grinols v. Electoral College, Ninth

15 Circuit Appeal No. 13-16359, the parties hereby stipulate, subject to approval of the Court, to extend
16 the deadline for a responsive pleading in the above-captioned matter from September 4, 2015, to
17 October 5, 2015.
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Although the parties have not previously asked for an extension of time to file a responsive

19 pleading to the First Amended Complaint, the parties have previously filed several stipulations for
20 extensions of time to file a responsive pleading to the original Complaint (totaling over 90 days in
21 most of the nine cases). The parties appreciate the Court’s patience in this matter.
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Respectfully submitted,

23 Dated: August 14, 2015

BENJAMIN B. WAGNER
United States Attorney

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

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STIPULATION TO EXTEND DEADLINE FOR
DEFENDANT TO FILE A RESPONSIVE PLEADING

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1 Dated: August 14, 2015

/s/ Ketakee R. Kane
Andrew H. Selesnick
Damaris L. Medina
Katakee R. Kane
Troy A. Schell
Bryan Wong
Attorneys for Prime Healthcare Services –
Shasta LLC

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ORDER

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Pursuant to stipulation and good cause having been shown, IT IS SO ORDERED that the

11 responsive pleading deadline is moved to October 5, 2015.
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Dated: August 18, 2015

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Troy L. Nunley
United States District Judge

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STIPULATION TO EXTEND DEADLINE FOR
DEFENDANT TO FILE A RESPONSIVE PLEADING

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