-GWF United States of America et al v. APS Healthcare, Inc. et al

Filing 60

ORDER Granting 59 Motion to Stay Discovery Pending Settlement Discussions. Revised Scheduling Order due within 30 days. Signed by Magistrate Judge George Foley, Jr on 11/18/2013. (Copies have been distributed pursuant to the NEF - SLR)

Case 2:11-cv-01454-JAD-GWF Document 59 Filed 11/15/13 Page 1 of 3

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Lewis Roca Rothgerber LLP

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3993 Howard Hughes Parkway
Suite 600
Las Vegas, Nevada 89169
[phone]

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40 North Central Avenue, 19th Floor
Phoenix, Arizona 85004-4429

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Ann-Martha Andrews, State Bar No. 007585
Direct Dial: 602.262.5707
Direct Fax: [phone]
EMail: [e-mail]
RICHARD L. SHACKELFORD, Georgia Bar No. 636825
Admitted Pro Hac Vice
JAMES W. BOSWELL, Georgia Bar No. 069838
Admitted Pro Hac Vice
KING & SPALDING LLP
1180 Peachtree Street, NE
Atlanta, GA 30309-3521
[e-mail]
[e-mail]
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
APS Healthcare, Inc., Innovative Resource Group, LLC,
and APS Healthcare Bethesda, Inc.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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UNITED STATES OF AMERICA and the
STATE OF NEVADA, ex rel CHERYLE
KERR,
Plaintiff,

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Case No. 2:11-cv-01454-MMD-GWF

vs.

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APS HEALTHCARE, INC.,
INNOVATIVE RESOURCE GROUP,
LLC D/B/A/ APS HEALTHCARE
MIDWEST, and APS HEALTHCARE
BETHESDA, INC.,

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JOINT MOTION TO STAY
DISCOVERY
PENDING SETTLEMENT
DISCUSSIONS

Defendants.

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Plaintiff/Relator, Cheryle Kerr, and Defendants APS Healthcare, Inc., Innovative

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Resource Group, LLC d/b/a Healthcare Midwest, and APS Healthcare Bethesda, Inc.

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(“Defendants”) (collectively, “the parties”), by and through their undersigned counsel,

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hereby respectfully move to stay discovery for 30 days while the parties engage in

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settlement discussions. As shown below, good cause exists for a temporary stay of

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discovery in this instance because it would prevent unnecessary expenses and further the

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interests of judicial economy.

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Case 2:11-cv-01454-JAD-GWF Document 59 Filed 11/15/13 Page 2 of 3

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I.

BACKGROUND
Pursuant to this Court’s Scheduling Order (Docket No. 58), the current deadline to

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disclose liability experts is November 22, 2013; the current deadline to complete liability

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discovery is January 23, 2014; the current deadline to file motions for summary judgment

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is February 24, 2014; and the current deadline to complete damages discovery is 60 days

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after the Court’s ruling on the applicable motions for summary judgment. Discovery is

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ongoing as of the date of this motion, with nearly ten depositions scheduled to be

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40 North Central Avenue, 19th Floor
Phoenix, Arizona 85004-4429

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completed before the end of 2013 in various locations across the United States.

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The parties have recently reopened discussions to settle this matter. To avoid

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unnecessary costs to both parties that would result from completion of expert reports and

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depositions while the parties are actively engaged in settlement negotiations, and to

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further the interests of judicial economy, the parties agree to stay discovery for 30 days

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pending settlement discussions. If the parties are unable to reach a settlement agreement

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at the end of the 30 day period, the parties propose to submit to the Court a revised

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scheduling order setting forth new discovery deadlines.

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II.

ARGUMENT

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It is well-established that “[a] district court has wide discretion in controlling

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discovery.” ArrivalStar S.A. and Melvino Techs. Ltd. v. Blue Sky Network, LLC, et al.,

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No. cv-11-4479-SBA, 2012 U.S. Dist. LEXIS 22316, at *3 (N.D. Cal. Feb. 22, 2012)

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(citing Little v. City of Seattle, 863 F.2d 681, 685 (9th Cir. 1988)). The court “may, for

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good cause, issue an order to protect a party or person from annoyance, embarrassment,

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oppression, or undue burden or expense,” including “specifying terms, including time and

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place, for the disclosure or discovery.” Fed. R. Civ. P. 26(c)(1). The avoidance of

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needless discovery, which would be “a waste of time, effort, and resources for counsel

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and the litigants, and might in fact chill an appropriate resolution of this matter,”

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constitutes good cause to justify a stay of discovery pending settlement discussions.

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ArrivalStar S.A., 2012 U.S. Dist. LEXIS at *4 (internal citations omitted) (staying

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discovery pending the parties’ completion of mediation). Temporarily staying discovery
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Case 2:11-cv-01454-JAD-GWF Document 59 Filed 11/15/13 Page 3 of 3

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in this instance “will conserve the resources of the parties and will not impose an inequity

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on any party.” Id.
This consent motion is made in good faith and not for the purpose of delay.

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III.

CONCLUSION
For the foregoing reasons, the parties respectfully request the Court to exercise its

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discretion and enter an order staying discovery for 30 days pending ongoing settlement

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discussions between the parties. At the conclusion of the 30 day period, if the parties

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40 North Central Avenue, 19th Floor
Phoenix, Arizona 85004-4429

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have not reached a settlement agreement, the parties will submit for the Court’s approval

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a revised scheduling order.
RESPECTFULLY SUBMITTED this 15th day of November, 2013.

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/s/ Jamie M. Bennett
Jamie M. Bennett, Esq.
Admitted Pro Hac Vice
Nathan M. Peak
Admitted Pro Hac Vice
ASHCRAFT & GEREL, LLP
4301 Garden City Drive
Suite 301
Landover, MD 20785
Telephone: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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AND

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Key G. Reid, Esq.
Nevada Bar. No. 7151
The Reid Firm, LLC
2370 Corporate Circle Drive,
3rd Floor
Henderson, Nevada 89074
[e-mail]

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Counsel for Plaintiff/Relator

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By:

By: /s/ Ann-Martha Andrews
Ann-Martha Andrews, Esq.
Nevada Bar. No. 7585
Lewis and Roca, LLP
3993 Howard Hughes Parkway
Suite 600
Las Vegas, NV 89169
AND
Richard L. Shackelford, Esq.
Admitted Pro Hac Vice
James W. Boswell, Esq.
Admitted Pro Hac Vice
King & Spalding, LLP
1180 Peachtree Street, NE
Atlanta, GA 30309-3521
Counsel for Defendants

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IT IS SO ORDERED.

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United States Magistrate Judge

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November 18, 2013
Dated:_____________________

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