Santa Rosa Memorial Hospital v. Sebelius et al

Filing 24

STIPULATION AND ORDER Continuing Case Management Conference. Case Management Statement due by 8/1/2014. Case Management Conference set for 8/8/2014 10:00 AM in Courtroom 1, 17th Floor, San Francisco. Signed by Judge Samuel Conti on 05/30/2014. (tmi, COURT STAFF) (Filed on 5/30/2014)

1 MELINDA HAAG (CABN 132612)
United States Attorney
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ALEX G. TSE (CABN 152348)
3 Chief, Civil Division
4 ERICA BLACHMAN HITCHINGS (MABN 669825)
Assistant United States Attorney
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450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
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Telephone: [phone]
FAX: [phone]
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[e-mail]
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Attorneys for Federal Defendants
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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SANTA ROSA MEMORIAL HOSPITAL,
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)
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Plaintiff,
)
)
v.
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KATHLEEN SEBELIUS, IN HER OFFICIAL )
CAPACITY AS SECRETARY OF HEALTH )
AND HUMAN SERVICES’ UNITED STATES )
DEPARTMENT OF HEALTH AND HUMAN )
SERVICES; MARILYN TAVENNER, IN HER )
OFFICIAL CAPACITY AS ACTING
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ADMINISTRATOR OF THE CENTERS FOR )
MEDICARE & MEDICAID SERVICES;
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CENTERS FOR MEDICARE AND
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MEDICAID SERVICES;
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HEALTHDATAINSIGHTS, INC.;
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PALMETTO GBA, LLC; AND MAXIMUS
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FEDERAL SERVICES, INC.
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Defendants.
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)

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STIPULATION AND [PROPOSED] ORDER
3:14CV1345 SC

CASE NO. 3:14CV1345 SC
STIPULATION AND [PROPOSED] ORDER
CONTINUING INITIAL CASE MANAGEMENT
CONFERENCE
Date: June 20, 2014
Time: 10:00 am
Courtroom 1, 17th floor

Pursuant to Civil Local Rules 6-2 and 7-12 of the Northern District of California, Federal

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2 Defendants 1 and Plaintiff Santa Rosa Memorial Hospital (“Plaintiff”), by and through their respective
3 counsel, hereby stipulate to continue the initial case management conference, as follows:
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1. On March 24, 2014, Plaintiff filed its complaint in this matter;

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2. On March 25, 2014, the Court set this matter for an initial case management conference on

6 June 10, 2014 at 10:00 a.m. before the Honorable Elizabeth D. Laporte;
3. On April 22, 2014, this case was reassigned to the Honorable Samuel Conti and all then-

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8 scheduled dates were vacated;
4. On April 24, 2014, the Court set this matter for an initial case management conference on

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10 June 20, 2014, at 10:00 am before the Honorable Samuel Conti;
5. On May 16, 2014, the United States Attorney’s Office for the Northern District of California

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12 was served with a copy of Plaintiff’s Complaint by personal service;
6. Pursuant to Federal Rule of Civil Procedure 12(2), Federal Defendants’ response to the

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14 Complaint is due to be filed and served on July 15, 2014;
7. Because the U.S. Attorney’s Office was just recently served with the Complaint in this

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16 action, and the Federal Defendants’ response is not due until after the initial case management
17 conference as currently scheduled, Federal Defendants and Plaintiff jointly request that the initial case
18 management conference be continued to August 8, 2014, at 10:00 am for all parties;
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8. No prior extensions of time have been requested or granted; and

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9. This change will not alter the date of any event or any deadline already fixed by the Court

21 order, other than the date for the initial case management conference.
THEREFORE, the parties respectfully request that the Court continue the June 20, 2014 case

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23 management conference until August 8, 2014, at 10:00 am.
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Undersigned counsel for Federal Defendants are appearing for the sole purpose of this stipulated
continuance request and are not waiving any defenses. At the present time, “Federal Defendants”
28 includes all named defendants except HealthDataInsights, Inc., Palmetto GBA, LLC, and Maximus
Federal Services, Inc. These entities are contractors and have not yet been served with the Complaint.
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STIPULATION AND [PROPOSED] ORDER
3:14CV1345 SC

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1 DATED: May 29, 2014

Respectfully submitted,

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MELINDA HAAG
United States Attorney

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By:
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/s/ Erica Blachman Hitchings
ERICA BLACHMAN HITCHINGS
Assistant United States Attorney 2

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Attorneys for Federal Defendants

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9 DATED: May 29, 2014
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POLSINELLI P.C.
By:
_/s/Anthony Bonuchi___________
ANTHONY BONUCHI (Admitted Pro Hac Vice)
900 W. 48th Place, Ste. 900
Kansas City, MO 64112
Telephone: [phone]
Facsimile: 816-817-1862

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POLSINELLI LLP
WESLEY D. HURST
(State Bar #127564)
2049 Century Park East, Suite 2300
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
Santa Rosa Memorial Hospital

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED. The initial case management conference
23 currently set for June 20, 2014 is continued to August 8, 2014 at 10:00 am.
24 Dated: ______________________
05/30/2014
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____________________________________
Honorable Samuel Conti
UNITED STATES DISTRICT COURT JUDGE

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I, Erica Blachman Hitchings, hereby attest that I obtained the concurrence in the filing of this
document of all signatories whose signatures are represented by /s/.
STIPULATION AND [PROPOSED] ORDER
3:14CV1345 SC

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