Ruckh v. CMC II, LLC et al

Filing 448

ORDER granting-in-part #444 the motion to extend the time within which to move for an attorney's fee and to submit a proposed bill of costs; permitting the relator, the United States, and the State of Florida to each respond no later than 6 p.m. on MARCH 14, 2017, to the #447 emergency motion to stay execution on the judgment. Signed by Judge Steven D. Merryday on 03/13/2017. (SKB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
UNITED STATES OF AMERICA
and STATE OF FLORIDA
ex rel. ANGELA RUCKH,
Plaintiffs,
v.

CASE NO. 8:11-cv-1303-T-23TBM

SALUS REHABILITATION, et al.,
Defendants.
____________________________________/
ORDER
On March 1, 2017, the clerk entered judgments totaling $347,864,285 for the
United States and the State of Florida and against the defendants. Although under
Rule 62(a), Federal Rules of Civil Procedure, a writ of execution may issue no earlier
than March 16, 2017, Rule 50(b) allows the defendants to renew the motion for
judgment as a matter of law no later than March 29, 2017. Explaining that the
expiration of Rule 62(a)’s automatic stay might trigger a default on a revolving loan
that provides operating capital to 183 skilled nursing facilities, including 80 facilities
that provide 11.5% of the nursing facility beds in Florida, the defendants argue that
executing on the judgments will jeopardize the provision of care to 17,000
nursing-facility patients. The defendants move (Doc. 447) to stay execution until the
disposition of the renewed motion for judgment as a matter of law.

No later than 6 p.m. on MARCH 14, 2017, the relator, the United States, and
the State of Florida each may respond to the defendants’ emergency motion
(Doc. 447) to stay execution on the judgment. Each response must comply with the
order (Doc. 371) modifying Local Rule 3.01.
The relator’s unopposed motion (Doc. 444) to extend the time within which to
move for an attorney’s fee and to submit a proposed bill of costs is
GRANTED-IN-PART and DENIED-IN-PART. No later than fourteen days after
the disposition of the renewed motion for judgment as a matter of law, the relator
may move for an attorney’s fee and may submit a proposed bill of costs. The motion
for an attorney’s fee may not exceed twenty pages.
ORDERED in Tampa, Florida, on March 13, 2017.

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