Prime Healthcare Services - Shasta, LLC v. Burwell

Filing 17

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 3/20/17 ORDERING that Plaintiff may file a Second Amended Complaint in each of the following three related cases: Prime Healthcare Services - Shasta, LLC v. Burwell, Case No. 2:16-cv-00230-TLN-KJN; Prime Healthcare Services - Shasta, LLC v. Burwell, Case No. 2:16-cv-02278-TLN-KJN; and Prime Healthcare Services - Shasta, LLC v. Burwell, Case No. 2:16-cv-02521-TLN-KJN.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT T. MATSUI FEDERAL COURTHOUSE - SACRAMENTO

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

Case Nos. 2:16-cv-00230-TLN-KJN
2:16-cv-02278-TLN-KJN
2:16-cv-02521-TLN-KJN

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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,

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Hon. Judge Troy L. Nunley
Magistrate Judge Kendall J. Newman
[Related to Case Nos. 2:14-cv-02791;
2:15-cv-00154; 2:15-cv-00324; 2:15-cv-00400;
2:15-cv-00450; 2:15-cv-00473; 2:15-cv-00474;
2:15-cv-00709; 2:15-cv-01120; 2:16-cv-00230;
2:16-cv-02278; all designated with TLN-KJN]

Defendant.

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[PROPOSED] ORDER GRANTING
STIPULATION TO AMEND THE FIRST
AMENDED COMPLAINT AND SET A
BRIEFING SCHEDULE FOR MOTIONS
TO DISMISS

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SHULMAN HODGES &
BASTIAN LLP
100 Spectrum Center Drive
Suite 600
Irvine, CA 92618

[PROPOSED] ORDER GRANTING
STIP TO AMEND THE FAC AND
SET A BRIEFING SCHEDULE

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G:\DOCS\KJN\Robbin\signed - kjn\16-230 & 16-2278 & 16-2521 Prime Healthcare Services Shasta, LLC v. Burwell Order Approving Stipulation to File Amended Compaint and Set Briefing
Schedule.doc

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The Court, having considered the stipulation of Plaintiff PRIME HEALTHCARE

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SERVICES – SHASTA, LLC (“Shasta” or “Plaintiff”) and Defendant Sylvia Mathews Burwell

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in her official capacity as Secretary of the Department of Health and Human Services

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(“Defendant”) (collectively Defendant will be referred to with Plaintiff as the “Parties”), by and

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through their attorneys, and for good cause shown:

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IT IS HEREBY ORDERED that:

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(1)

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Plaintiff may file a Second Amended Complaint in each of the following three

related cases:
(a)

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Prime Healthcare Services - Shasta, LLC v. Burwell,
Case No. 2:16-cv-00230-TLN-KJN;

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(b)

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Prime Healthcare Services - Shasta, LLC v. Burwell,
Case No. 2:16-cv-02278-TLN-KJN; and

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(c)

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Prime Healthcare Services - Shasta, LLC v. Burwell,
Case No. 2:16-cv-02521-TLN-KJN.

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(2)

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Defendant will file a Responsive Pleading to Plaintiff’s Second Amended

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Complaint or a Motion to Dismiss the Second Amended Complaint in each of the above 3 cases

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and Plaintiff and Defendant will provide their respective Opposition and Reply Memorandums in

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opposition or support of Plaintiff’s Motion to Dismiss the Second Amended Complaint, if any,

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based upon the following briefing schedule:
a. Deadline for Plaintiff to file the proposed Second

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Amended Complaint in each case:

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March 23, 2017

b. Deadline for Defendant to file a Responsive Pleading or a

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Motion to Dismiss in each case:

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April 6, 2017

c. Deadline for Plaintiff’s Opposition to

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Defendant’s Motion to Dismiss in each case:

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////

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May 4, 2017

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SHULMAN HODGES &
BASTIAN LLP
100 Spectrum Center Drive
Suite 600
Irvine, CA 92618

[PROPOSED] ORDER GRANTING
STIP TO AMEND THE FAC AND
SET A BRIEFING SCHEDULE

1

G:\DOCS\KJN\Robbin\signed - kjn\16-230 & 16-2278 & 16-2521 Prime Healthcare Services Shasta, LLC v. Burwell Order Approving Stipulation to File Amended Compaint and Set Briefing
Schedule.doc

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////
d. Deadline for Defendant’s Reply Memorandum

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in support of Its Motion to Dismiss in each case:

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e. Hearing Date:

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May 25, 2017
June 1, 2017

Dated: March 20, 2017

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SHULMAN HODGES &
BASTIAN LLP
100 Spectrum Center Drive
Suite 600
Irvine, CA 92618

[PROPOSED] ORDER GRANTING
STIP TO AMEND THE FAC AND
SET A BRIEFING SCHEDULE

2

G:\DOCS\KJN\Robbin\signed - kjn\16-230 & 16-2278 & 16-2521 Prime Healthcare Services Shasta, LLC v. Burwell Order Approving Stipulation to File Amended Compaint and Set Briefing
Schedule.doc