United States of America ex rel. Jolie Johnson and Debbie Helmly et al v. Bethany Hospice of Coastal Georgia, LLC et al

Filing 58

ORDER temporarily staying discovery for 30 days. (Compliance due by 3/24/2019). Signed by Magistrate Judge James E. Graham on 2/22/19. (wwp)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
UNITED STATES OF AMERICA
ex rel. JOLIE JOHNSON, et al.,
Relators,
v.
BETHANY HOSPICE AND
PALLIATIVE CARE OF COASTAL
GEORGIA, LLC, et al.,
Defendants.

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CV416-290

ORDER
Defendants in this False Claims Act case jointly move to dismiss
the Second Amended Complaint. Doc. 52. That motion, pending before
the District Judge, is not yet ripe for review. As several production
deadlines loom before opposition briefing (and thus a potentially
favorable ruling) would be due, defendants seek to “immediately” (and
indefinitely) stay discovery and ask for both expedited review of their
motion and an emergency hearing on the matter. Doc. 54. The parties
further have competing motions for protective orders, seeking the Court’s
signature on an order protecting HIPAA materials (doc. 55) or an order
halting third party discovery (doc. 57). Given the volume of discovery

that has been set into motion to meet the Scheduling Order deadlines
(e.g. doc. 57-1), and the competing motions that will either authorize,
narrow, or quash that discovery entirely, the Court finds it prudent to
take control of the matter.
Discovery in this matter is temporarily STAYED for 30 days to
allow the parties to fully brief their motions.

The normal briefing

schedule, S.D. Ga. L. R. 7.5 and 7.6, applies. Both opposition and reply
briefs will be permitted. A hearing will be set only if deemed necessary
after review of all responsive pleadings. This temporary stay shall not
be construed as a ruling on the merits of any pending motion.
SO ORDERED, this

22nd

day of February, 2019.

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