Prime Healthcare Services-Shasta, LLC v. Burwell

Filing 10

ORDER signed by District Judge Troy L. Nunley on 12/15/2016 REFERRING all pending Motion to Dismiss in the LEAD action and the RELATED CASES to Magistrate Judge Newman for Findings and Recommendations; ADDITIONALLY the Court ORDERS that all future motions to dismiss or motions to amend be noticed before Magistrate Judge Kendall J. Newman.(Reader, L)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12
13

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

ORDER
Plaintiff,

14
15
16
17

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

18
19
20

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

21
22
23
24
25
26
27
28

No. 2:14-cv-02791-TLN-KJN

No. 2:15-cv-00450-TLN-KJN

Plaintiff,
v.
SYLVIA MATHEWS BURWELL, in her
official capacity as Secretary of the
Department of Health and Human Services,
Defendant.
PRIME HEALTHCARE SERVICES –
SHASTA, LLC, a Delaware limited
liability company doing business as Shasta
Regional Medical Center,

No. 2:15-cv-00473-TLN-KJN

1

1
Plaintiff,
2
v.
3
4

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

5
Defendant.

6
7
8

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

9
10
11
12

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

13
14
15
16

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

19
20

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

21
22
23
24

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

27
28

No. 2:15-cv-00154-TLN-KJN

Plaintiff,

25
26

No. 2:15-cv-00709-TLN-KJN

Plaintiff,

17
18

No. 2:15-cv-00474-TLN-KJN

v.
SYLVIA MATHEWS BURWELL, in her
official capacity as Secretary of the
Department of Health and Human Services,
2

1
Defendant.

2
3
4

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

5
6
7
8

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

9
10
11
12

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

15
16

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

17
18
19
20

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

23
24
25
26
27

No. 2:15-cv-01120-TLN-KJN

Plaintiff,

21
22

No. 2:15-cv-00400-TLN-KJN

Plaintiff,

13
14

No. 2:15-cv-00324-TLN-KJN

v.
SYLVIA MATHEWS BURWELL, in her
official capacity as Secretary of the
Department of Health and Human Services,
Defendant.
PRIME HEALTHCARE SERVICES –
SHASTA, LLC, a Delaware limited
liability company doing business as Shasta
Regional Medical Center,

No. 2:16-cv-00230-TLN-KJN

28
3

1
Plaintiff,
2
v.
3
4

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

5
Defendant.

6
7
8

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

9
10
11
12

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

13
14
15
16

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

19
20
21

No. 2:16-cv-02278-TLN-KJN

Plaintiff,

17
18

No. 2:16-cv-02521-TLN-KJN

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

22
23

This matter is before the Court on nine separate Motions to Dismiss in the related cases

24

listed above. On November 9, 2016, the parties submitted a Joint Statement addressing the

25

Court’s proposal to refer the cases to a Special Master. (ECF No. 45.) Plaintiff Prime Healthcare

26

Services – Shasta, LLC (“Plaintiff”) consented to the appointment of a Special Master. (ECF No.

27

45 at 4.) However, Defendant Sylvia Mathews Burwell (“Defendant”) did not consent and

28

instead recommended that the pending motions be sent to Magistrate Judge Kendall J. Newman
4

1

for Findings and Recommendations. (ECF No. 45 at 7.) The Court asked Plaintiff to respond to

2

Defendant’s suggestion and on December 15, 2016, Plaintiff agreed to submit the pending

3

motions in all related cases to Magistrate Judge Newman. (ECF No. 49 at 5–6.) The Court

4

hereby REFERS all pending Motions to Dismiss in the lead action and the related cases to

5

Magistrate Judge Newman for Findings and Recommendations. Additionally, the Court

6

ORDERS that all future motions to dismiss or motions to amend be noticed before Magistrate

7

Judge Newman.

8

IT IS SO ORDERED.

9
10

Dated: December 15, 2016

11
12
13

Troy L. Nunley
United States District Judge

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5