United States of America et al v. Lee Memorial Health System

Filing 82

ORDER granting in part and denying in part 81 Joint Motion for Enlargement of Time for Responsive Pleadings Following Service of Relator's First Amended Complaint. Defendant shall have up to and including November 12, 2018 to respond to th e First Amended Complaint. Relator shall have up to and including December 10, 2018 to file a response to Defendant's motion to dismiss, and Defendant shall have up to and including December 21, 2018 to file a reply brief not to exceed seven (7) pages. Signed by Magistrate Judge Carol Mirando on 10/23/2018. (APH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
UNITED STATES OF AMERICA and
ANGELA D’ANNA, ex rel.
Plaintiffs,
v.

Case No: 2:14-cv-437-FtM-38CM

LEE MEMORIAL HEALTH
SYSTEM,
Defendant.
ORDER
This matter comes before the Court upon review of the Joint Motion for
Enlargement of Time for Responsive Pleadings Following Service of Relator’s First
Amended Complaint filed on October 22, 2018. Doc. 81. For the reasons stated
below, the motion is granted in part and denied in part.
The parties represent that Defendant accepted service by e-mail of Relator’s
First Amended Complaint on October 15, 2018 and jointly request an extension of
Defendant’s time to respond to the First Amended Complaint until November 16,
2018. Doc. 81 at 1-2. The parties request that if Defendant’s response to the First
Amended Complaint is a Rule 12(b)(6) Motion to Dismiss, Relator be given until
December 21, 2018 to file a response in opposition and Defendant be allowed until
January 15, 2019 to file a reply. Id. at 2. The Court finds good cause to grant some
extensions and allow a reply but not to the extent of time requested. See Doc. 81 at
2. Instead, the Court will allow until November 12, 2018 for Defendant’s response

to the First Amended Complaint, December 10, 2018 for Relator’s response to
Defendant’s Motion to Dismiss, and December 21, 2018 for Defendant’s reply, not to
exceed seven (7) pages, to Relator’s response.
ACCORDINGLY, it is
ORDERED:
The Joint Motion for Enlargement of Time for Responsive Pleadings Following
Service of Relator’s First Amended Complaint (Doc. 81) is GRANTED in part and
DENIED in part. Defendant shall have up to and including November 12, 2018 to
respond to the First Amended Complaint. Relator shall have up to and including
December 10, 2018 to file a response to Defendant’s Motion to Dismiss, and
Defendant shall have up to and including December 21, 2018 to file a reply brief not
to exceed seven (7) pages.
DONE and ORDERED in Fort Myers, Florida on this 23rd day of October,
2018.

Copies:
Counsel of record

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