Waters v. Envision Health Care Corporation et al

Filing 40

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 4/25/22 ORDERING that Defendants' deadline to file a motion to dismiss in response to the First Amended Complaint is May 9, 2022. Plaintiff's deadline to file an opposi tion to Defendants' motion to dismiss is June 6, 2022. Defendants' deadline to file a reply to Defendants' motion to dismiss is June 16, 2022.The hearing on Defendants' motion to dismiss shall be set for June 30, 2022.(Kaminski, H)

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BOUTIN JONES INC.
Robert D. Swanson SBN 162816
[e-mail]
555 Capitol Mall, Suite 1500
Sacramento, CA 95814-4603
T: [phone]/F: [phone]
BASS BERRY & SIMS PLC
Brian D. Roark (Admitted Pro Hac Vice)
[e-mail]
Taylor M. Sample (Admitted Pro Hac Vice)
[e-mail]
150 Third Avenue South, Suite 2800
Nashville, TN 37201
T: [phone]/F: [phone]
Attorneys for Defendants Envision Healthcare
Corporation, et al.
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
Robert J. Nelson (SBN 132797)
Nimish R. Desai (SBN 244953)
Nicholas R. Hartmann (SBN 301049)
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
T: [phone]/F: [phone]
Attorneys for Plaintiff-Relator Jack Waters

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA ex rel.
JACK WATERS.

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Plaintiffs,
v.

Case No. 2:19-cv-0873-TLN
STIPULATION AND ORDER
EXTENDING TIME TO RESPOND TO
FIRST AMENDED COMPLAINT AND
SETTING BRIEFING SCHEDULE

ENVISION HEALTHCARE
CORPORATION, ET AL.,
Defendants.

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-1STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO
FIRST AMENDED COMPLAINT

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WHEREAS, Plaintiff-Relator Jack Waters (“Plaintiff”) filed his Complaint under seal on

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May 15, 2019 (ECF No. 1) and the Complaint was unsealed on October 18, 2021 (ECF No. 18);

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WHEREAS, Defendants Envision Healthcare Corporation, et al. (“Defendants”) responded

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to the Complaint by filing a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) on March 14,

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2022 (ECF No. 31);

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WHEREAS, in response to Defendants’ motion to dismiss, Plaintiff filed a First Amended
Complaint on April 11, 2022 (ECF No. 36);
WHEREAS, Defendants intend to respond to the First Amended Complaint by filing a
motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6);
WHEREAS, the deadline for Defendants’ motion to dismiss pursuant to Fed. R. Civ. P.
15(a)(3) is April 25, 2022;
WHEREAS, due to travel and scheduling conflicts, Defendants seek a two-week extension
of the time to respond to the First Amended Complaint to May 9, 2022;
WHEREAS, pursuant to Local Rule 230(c) the deadline for filing an opposition to
Defendants’ motion to dismiss would be May 23, 2022;
WHEREAS, due to travel and scheduling conflicts, Plaintiff seeks a two-week extension of
time to file an opposition to Defendants’ motion to dismiss to June 6, 2022;
WHEREAS, Defendants will file their reply to Plaintiff’s opposition no later than ten (10)
days after the filing of Plaintiff’s opposition pursuant to Local Rule 230(d); and

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WHEREAS, the hearing on Defendants’ motion to dismiss shall be set for June 30, 2022.

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Accordingly, the parties hereby stipulate and agree as follows:

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1. Defendants’ deadline to file a motion to dismiss in response to the First Amended
Complaint is May 9, 2022;
2. Plaintiff’s deadline to file an opposition to Defendants’ motion to dismiss is June 6,
2022;
3. Defendants’ deadline to file a reply to Defendants’ motion to dismiss is June 16, 2022;
and

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-2STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO
FIRST AMENDED COMPLAINT

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4. The hearing on Defendants’ motion to dismiss shall be set for June 30, 2022.
IT IS SO STIPULATED.

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Dated: April 25, 2022

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By: /s/ Robert D. Swanson
ROBERT D. SWANSON

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BOUTIN JONES INC.
Robert D. Swanson SBN 162816
[e-mail]
555 Capitol Mall, Suite 1500
Sacramento, CA 95814-4603
T: [phone]/F: [phone]

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Attorneys for Defendants Envision Healthcare
Corporation, et al.

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Dated: April 25, 2022

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By: /s/ Nimish R. Desai
NIMISH R. DESAI (as authorized on 4/21/22)

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LIEFF CABRASER HEIMANN &
BERNSTEIN, LLP
Robert J. Nelson (SBN 132797)
Nimish R. Desai (SBN 244953)
Nicholas R. Hartmann (SBN 301049)
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
T: [phone]/F: [phone]

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Attorneys for Plaintiff-Relator Jack Waters

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IT IS SO ORDERED.

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Dated: April 25, 2022
Troy L. Nunley
United States District Judge

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-3STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO
FIRST AMENDED COMPLAINT