Cretney-Tsosie, et al. v. Creekside Hospice II, LLC, et al.

Filing 81

ORDER Denying 74 Motion to Stay Discovery and for Alternative Discovery Plan. Discovery due by 9/30/2015. Motions due by 7/15/2015. Proposed Joint Pretrial Order due by 8/12/2015. Status Report due by 6/26/2015. Status Conference set for 6/30/2015 at 10:00 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. Signed by Magistrate Judge Peggy A. Leen on 4/28/2015. (Copies have been distributed pursuant to the NEF - DC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JOANNE CRETNEY-TSOSIE, et al.,

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Case No. 2:13-cv-00167-APG-PAL

Plaintiffs,

ORDER

v.
(Mot Stay Disc – Dkt. #74)
CREEKSIDE HOSPICE II, LLC, et al.,
Defendants.

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The court conducted a hearing on April 28, 2015, on Defendants’ Motion to Stay

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Discovery and for Alternative Discovery Plan (Dkt. #74). L. Timothy Terry, Mark Kemberling,

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and AUSA Roger Wenthe appeared in person, and Juliet Berger-White, AUSA Jenelle Beavers

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and AUSA Kavitha Babu appeared telephonically—all on behalf of the Plaintiffs. Charles

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McCrea, Kathleen McDermott, Howard Young and John Cosgriff appeared on behalf of the

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Defendants. The court has considered the Motion (Dkt. #74), Plaintiffs’ Opposition (Dkt. #78),

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Defendants’ Reply (Dkt. #79), the pending Motion to Dismiss (Dkt. #65), the Defendants’

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Responses to Motion to Dismiss (Dkt. ##71, 73), and the arguments of counsel at the hearing.

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Having reviewed and considered the moving and responsive papers and the arguments of

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counsel, the court finds that the Defendants have not met their burden of establishing a stay

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should be imposed while the motion to dismiss is under submission to the district judge. The

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parties have agreed to mediation on May 18, 2015, and have informally agreed not to initiate

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discovery before June 1, 2015, until determining whether this case can be resolved. The court

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sincerely appreciates the parties’ efforts to resolve this case by private mediation. However,

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after taking a “preliminary peek” at the pending motion to dismiss the court is not convinced that

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the Plaintiffs will be unable to state a claim or that the motion will dispose of the entire case if

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granted.
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The governments propose to limit its discovery to a random statistically valid sample of

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less than 200 of the more than 3200 patients served by Creekside from 2010 to 2013. The

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Defendants do not agree that the Plaintiffs can prove their claims by presenting

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evidence. The parties have engaged in extensive pre-intervention discovery in the past two years

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and agreed the document discovery should not be duplicated.

extrapolation

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The court advised counsel for both sides that the requirements of Rule 26(g) would be

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strictly enforced, and that the court would supervise discovery in this case to accomplish the just,

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speedy and inexpensive determination of this action limiting discovery where appropriate. The

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court will also conduct regular status and dispute resolution conferences to avoid the time

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consuming and expensive briefing of discovery disputes.

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Having reviewed and considered the matter,

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IT IS ORDERED that:

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1. The Defendants’ Motion to Stay Discovery and for Alternative Discovery Plan (Dkt.

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#74) is DENIED.
2. The following discovery plan and scheduling order deadlines shall apply:

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a. Last date to exchange Fed. R. Civ. P. initial disclosures: April 30, 2015.

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a. Last date to amend pleadings and add parties: June 26, 2015.

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b. Last date to complete fact discovery and file fact discovery motions: September

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30, 2015.

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c. Last date to designate Plaintiffs’ expert and submit experts’ reports: December

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18, 2015.

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d. Last date to designate Defendants’ experts and submit experts’ reports: January

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18, 2016.

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e. Last date to file interim status report: February 24, 2016.

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f. Last date to disclose experts pursuant to Fed. R. Civ. P. 26(a)(2): February 24,

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2016.

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g. Last date to complete expert discovery: April 30, 2015.

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h. Last date to disclose rebuttal experts: April 30, 2016.
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i. Last date to file dispositive motions: July 15, 2016.

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j. Last date to file joint pretrial order: August 12, 2016. In the event dispositive

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motions are filed, the date for filing the joint pretrial order shall be suspended until 30

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days after a decision of the dispositive motions.

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3. The parties shall be permitted to take up to 30 depositions per side.

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4.

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The disclosures required by Fed. R. Civ. P. 26(a)(3), and any objections thereto, shall
be included in the pretrial order.

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5. Applications to extend any dates set by this discovery plan and scheduling order shall,

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in addition to satisfying the requirements of LR 6-1, be supported by a showing of

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good cause for the extension. All motions or stipulations to extend discovery shall be

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received no later than September 9, 2015, and shall fully comply with the

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requirements of LR 26-4.

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6. A status conference is scheduled for 10:00 a.m., June 30, 2015. The parties shall file

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a joint status report no later than June 26, 2015 which advises the court whether a

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settlement has been reached and, if so, when the agreement will be finalized and

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a stipulation to dismiss filed. If the parties have been unable to settle the joint

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status report shall address any issues which require the court’s intervention and

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state the parties’ respective positions with sufficient specificity to enable the

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court to decide the matter without the necessity of formal briefing.

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DATED this 28th day of April, 2015.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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