Saint Francis Memorial Hospital et al v. Leavitt

Filing 27

ORDER MODIFYING BRIEFING SCHEDULE AND CONTINUING STATUS CONFERENCE. Plaintiffs' motion for summary judgment shall be filed no later than December 12, 2008. Defendant's opposition and cross-motion shall be filed no later than January 16, 200 9. Plaintiffs' opposition and reply shall be filed no later than March 6, 2009. Defendant's reply shall be filed no later than April 8, 2009. Unless the parties are otherwise advised, no hearing will be conducted on the parties' respective motions. Signed by Judge Maxine M. Chesney on October 30, 2008. (mmclc1, COURT STAFF) (Filed on 10/30/2008)

1 JOSEPH P. RUSSONIELLO (CABN 44332) United States Attorney 2 JOANN M. SWANSON (CABN 88143) Chief, Civil Division 3 JULIE A. ARBUCKLE (CABN 193425) Assistant United States Attorney 4 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 5 Telephone: [phone] Fax: [phone] E-mail: [e-mail] 7 U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES OFFICE OF THE GENERAL COUNSEL 8 JONATHAN C. BRUMER 330 Independence Ave., S.W., Room 5344 9 Washington, D.C. 20201 Telephone: [phone] Attorneys for Federal Defendant 11 LAW OFFICES OF GARY E. GLEICHER GARY E. GLEICHER 12 433 N. Camden Dr., Ste. 730 Beverly Hills, CA. 90210 13 Telephone: [phone] Fax: [phone] HONIGMAN MILLER SCHWARTZ AND COHN LLP 15 KENNETH R. MARCUS 660 Woodward Avenue 16 2290 First National Building Detroit, MI 48226-3506 17 Telephone: [phone] Attorneys for Plaintiffs 18 19 20 21 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) ) ) ) ) ) ) ) ) ) ) NO. C 08-1440 (MMC) STIPULATION AND [PROPOSED] ORDER MODIFYING THE BRIEFING SCHEDULE AND CONTINUING THE STATUS CONFERENCE

22 ) ST. FRANCIS MEMORIAL HOSPITAL AND FRANKLIN 23 BENEVOLENT CORPORATION f/k/a DAVIES MEDICAL CENTER, 24 Plaintiffs, 25 v. 26 MICHAEL O. LEAVITT, Secretary, U.S. Department of Health and 27 Human Services, 28 Defendant.

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Pursuant to LCvR 6-2 and 7-12, Defendant, Michael O. Leavitt, the Secretary of Health and Human Services ("the Secretary") and Plaintiffs, St. Francis Memorial Hospital and Franklin Benevolent Corporation f/k/a Davies Medical Center, by and through their undersigned counsel, respectfully Stipulate and request that the Court modify the current deadlines for: Plaintiffs' Motion for Summary Judgment, Defendant's Opposition and Cross Motion for Summary Judgment, Plaintiff's Opposition and Reply, and Defendant's Reply, and to reschedule the Status Conference which is currently set for March 13, 2009, as follows: 1. Plaintiffs shall have up to and including December 12, 2008 to file their Motion for Summary Judgment; and 2. Defendant shall have up to and including to January 16, 2009 to file his Opposition and Cross Motion for Summary Judgment; and 3. Plaintiffs shall have up to and including March 6, 2009 to file their Opposition and

12 Reply; and 13 4. Defendant shall have up to and including April 8, 2009 to file his Reply; and 14 5. The Status Conference in this case which is currently set for March 13, 2009 will be

15 rescheduled until an appropriate time to be determined by this Court.. 16 6. Counsel for Plaintiffs and Defendant are currently discussing the possibility of staying

17 this case as well as another case, Glendale Memorial Hosp. and Health Ctr. v. Leavitt, 18 CV08-1747 (MMM) (AGRx) (C.D. Cal.), pending the final administrative and judicial 19 20 21 Group Appeal, and have asked the PRRB to advise them as to when it might rule on the 22 23 Group Appeal. The requested modification of the briefing schedule is intended to both facilitate the parties' negotiations regarding a possible stay and to provide the PRRB disposition of a Group Appeal which is now pending before the Provider Reimbursement Review Board ("PRRB"). Counsel for Plaintiffs are waiting to receive an indication from the PRRB as to the time frame within which the PRRB expects to render a decision in the

24 sufficient time within which to give some indication of when it might rule on the Group 25 Appeal. While the parties cannot guarantee that they will be able to reach agreement on a 26 stay, they are hopeful that they will be able to do so. 27 28 7. This request is made in good faith and not for purposes of delay. 8. There are no other previously scheduled deadlines in this Case.
STIPULATION AND [PROPOSED] ORDER MODIFYING THE BRIEFING SCHEDULE AND 2 CONTINUING THE STATUS CONFERENCE - Case No. 08-1440 MMC

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ACCORDINGLY, THE PARTIES hereby stipulate and agree that: 1. Plaintiffs shall have up to and including December 12, 2008 to file their Motion for Summary Judgment in this action; and 2. Defendant shall have up to and including to January 16, 2009 to file his Opposition and Cross Motion for Summary Judgment; and 3. Plaintiffs shall have up to and including March 6, 2009 to file their Opposition and Reply Motion for Summary Judgment; and 4. Defendant shall have up to and including April 8, 2009 to file his Reply to

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Plaintiffs' Opposition to Defendant's Cross Motion for Summary Judgment; and 5. The Status Conference in this case which is currently set for March 13, 2009 will be

10 rescheduled until an appropriate time to be determined by this Court. 11 The filer of this document, Kenneth R. Marcus, attests that concurrence in the filing of

12 this document has been obtained from each of the other signatories. 13 14 Respectfully submitted, 15 16 LAW OFFICES OF GARY E. GLEICHER 17 /s/ 18 Gary E. Gleicher 19 433 N. Camden Dr., Ste. 730 Beverly Hills, CA. 90210 20 Tel.: [phone] Fax: [phone] Fax: [phone] 24 25 26 27 STIPULATION AND [PROPOSED] ORDER MODIFYING THE BRIEFING SCHEDULE AND 28 - Case No. 08-1440 MMC
CONTINUING THE STATUS CONFERENCE

JOSEPH P. RUSSONIELLO United States Attorney /s/ Julie A. Arbuckle Assistant United States Attorney 450 Golden Gate Avenue, 9th Floor San Francisco, CA 94102 Tel.: [phone]

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/s/ Kenneth R. Marcus Honigman Miller Schwartz and Cohn LLP 660 Woodward Avenue 2290 First National Building Detroit, MI 48226-3506 Tel.: [phone]

/s/ Jonathan C. Brumer U.S. Department of Health and Human Services Office of the General Counsel Centers for Medicare and Medicaid Services Division 330 Independence Ave., S.W., Room 5344 Washington, D.C. 20201 Tel.: [phone] Attorneys for Federal Defendant

Attorneys for Plaintiffs

10 Dated: October 29, 2008 11 12

Dated: October 29, 2008

PURSUANT TO STIPULATION, IT IS SO ORDERED. Further, unless the parties are otherwise 13 advised, no hearing will be conducted on the parties' respective motions. See Civil L. R. 16-5. Oct ___________ Dated:____ober 30, 2008__ __________________________ 14 MAXINE M. CHESNEY United States District Judge 15
DETROIT.3365528.1

16 17 18 19 20 21 22 23 24 25 26 27 STIPULATION AND [PROPOSED] ORDER MODIFYING THE BRIEFING SCHEDULE AND 28 - Case No. 08-1440 MMC
CONTINUING THE STATUS CONFERENCE

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