Joseph et al v. P. Gill Obstetrics & Gynecology Medical Group, Inc. et al

Filing 28

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 8/2/2022 ORDERING the 8/19/2022 hearing date for Defendant's 20 Motion to Dismiss is VACATED and RESET to 10/21/2022, at 10:00 a.m. Defendants' reply to Plaintif f's Opposition to the 20 Motion to Dismiss shall be filed by or on 8/29/2022. The joint status conference, currently set for 9/9/2022, is EXTENDED and shall be held on 12/1/2022, at 2:30pm before Chief District Judge Kimberly J. Mueller . The deadline for the Parties to engage in the FRCP 26(f) conference shall be EXTENDED to 11/10/2022. The deadline for the Parties to file a joint status conference report with the Court shallbe EXTENDED to on or before 11/17/2022.(Perdue, C.)

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1 2 3 4 5 6 7 MATTHEW D. SEGAL (SB #190938) matthew.segal@stoel.com NICHOLAS D. KARKAZIS (SB #299075) nicholas.karkazis@stoel.com STOEL RIVES LLP 500 Capitol Mall, Suite 1600 Sacramento, CA 95814 Telephone: 916.447.0700 Facsimile: 916.447.4781 Attorneys for Defendants P. Gill Obstetrics & Gynecology Medical Group, Inc.; Parampal K. Gill, M.D.; Jasbir S. Gill, M.D. 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 13 14 15 16 17 18 UNITED STATES OF AMERICA AND STATE OF CALIFORNIA ex rel. GAIL JOSEPH, M.D., Plaintiff, v. Case No. 2:21-cv-0554-KJM-AC STIPULATION TO EXTEND MOTION TO DISMISS SCHEDULE AND ALL OTHER DEADLINES P. GILL OBSTETRICS & GYNECOLOGY MEDICAL GROUP, INC., a California professional corporation; PARAMPAL K. GILL, M.D., an individual; JASBIR S. GILL, M.D., an individual, Defendants. 19 20 21 22 23 24 25 26 27 28 S TOEL R IVES LLP ATTORNEYS AT LAW SACRAMENTO STIPULATION TO EXTEND MOTION TO DISMISS SCHEDULE AND ALL OTHER DEADLINES 116165813.1 0076847-00001 -1- 2:21-CV-0554-KJM-AC 1 This stipulation (“Stipulation”) is entered into by and among Relator GAIL JOSEPH, M.D. 2 and Defendants P. GILL OBSTETRICS & GYNECOLOGY MEDICAL GROUP, INC.; 3 PARAMPAL K. GILL, M.D.; JASBIR S. GILL, M.D. (jointly, “Defendants”) (collectively 4 “Parties”), through their respective counsel. 5 Recitals 6 7 1. On April 15, 2022 (ECF No. 20), Defendants filed their Motion to Dismiss and set a Motion Hearing for May 27, 2022. 8 2. In light of meet and confer involving potential early resolution and Defendants 9 investigation into the allegations in the Complaint, among other things, the Parties stipulated to 10 continue the hearing date for Defendants’ Motion to Dismiss, the briefing schedule on the Motion 11 to Dismiss, the joint status conference, the FRCP 26(f) conference, and the date to file a joint status 12 report. The Court entered this stipulation on May 5, 2022. ECF No. 24. 13 3. Since the Court’s entry of the May 5, 2022, stipulation, Defendants have hired an 14 outside contractor who has made substantial progress in an internal investigation. Defendants and 15 Relator have been discussing terms appropriate for the protected disclosure of work product and 16 need to reduce terms to writing and reach agreement. At that point, Defendants would then need to 17 disclose said work product, and Relator would need to evaluate it. Then, the Parties and government 18 would need to negotiate. 19 4. In the context of facts, regulatory, statutory, and decisional law related to heath care, 20 it would promote party efficiency and judicial economy for the Parties to continue to work towards 21 possible case resolution rather than litigation of a motion that would be obviated if the Parties can 22 settle. 23 5. In addition, to the extent that the Parties would continue to litigate the Motion to 24 Dismiss, the United States’ filing of a Statement of Interest Regarding Defendants’ Motion to 25 Dismiss (ECF No. 26) is a development that Defendants wish to evaluate further. 26 27 28 S TOEL R IVES LLP ATTORNEYS AT LAW SACRAMENTO STIPULATION TO EXTEND MOTION TO DISMISS SCHEDULE AND ALL OTHER DEADLINES 116165813.1 0076847-00001 -2- 2:21-CV-0554-KJM-AC 1 THEREFORE: 2 IT IS STIPULATED: 3 1. The August 19, 2022, hearing date for Defendant’s Motion to Dismiss is vacated and 4 reset to September 30, 2022, at 10:00 a.m. Defendants’ reply to Plaintiff’s Opposition 5 to the Motion to Dismiss shall be filed by or on August 29, 2022. 6 2. 7 8 be held on October 20, 2022. 3. 9 10 11 The joint status conference, currently set for September 9, 2022, is extended and shall The deadline for the Parties to engage in the FRCP 26(f) conference shall be extended to September 29, 2022. 4. The deadline for the Parties to file a joint status conference report with the Court shall be extended to on or before October 6, 2022. 12 13 Dated: July 15, 2022 STOEL RIVES LLP 14 By:/s/ Nicholas D. Karkazis MATTHEW D. SEGAL NICHOLAS D. KARKAZIS Attorneys for Defendants P. Gill Obstetrics & Gynecology Medical Group, Inc.; Parampal K. Gill, M.D.; Jasbir S. Gill, M.D. 15 16 17 18 19 Dated: July 15, 2022 THE BRINEGAR LAW FIRM 20 By:/s/ Matthew Brinegar MATTHEW BRINEGAR Attorneys for Relator/Plaintiff Gail Joseph, M.D. 21 22 23 24 25 26 27 28 S TOEL R IVES LLP ATTORNEYS AT LAW SACRAMENTO STIPULATION TO EXTEND MOTION TO DISMISS SCHEDULE AND ALL OTHER DEADLINES 116165813.1 0076847-00001 -3- 2:21-CV-0554-KJM-AC 1 ORDER 2 3 4 The court has reviewed the parties’ stipulation, and good cause appearing, hereby ORDERS: 1. The August 19, 2022, hearing date for Defendant’s Motion to Dismiss is vacated and 5 reset to October 21, 2022, at 10:00 a.m. Defendants’ reply to Plaintiff’s Opposition to 6 the Motion to Dismiss shall be filed by or on August 29, 2022. 7 2. 8 9 be held on December 1, 2022. 3. 10 11 12 13 The joint status conference, currently set for September 9, 2022, is extended and shall The deadline for the Parties to engage in the FRCP 26(f) conference shall be extended to November 10, 2022. 4. The deadline for the Parties to file a joint status conference report with the Court shall be extended to on or before November 17, 2022. DATED: August 2, 2022. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 S TOEL R IVES LLP ATTORNEYS AT LAW SACRAMENTO STIPULATION TO EXTEND MOTION TO DISMISS SCHEDULE AND ALL OTHER DEADLINES 116165813.1 0076847-00001 -4- 2:21-CV-0554-KJM-AC

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