United States of America et al v. Healthsouth Corporation et al

Filing 150

ORDER Granting 149 First Stipulation for Extension of Time Re: 132 First Amended Complaint. Healthsouth Corporation and Healthsouth of Henderson, Inc.'s answer due 7/24/2018. Signed by Magistrate Judge Cam Ferenbach on 7/11/2018. (Copies have been distributed pursuant to the NEF - SLD)

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

1 JAMES J. PISANELLI, ESQ.
Nevada Bar No. 4027
2 PISANELLI BICE PLLC
400 South 7th Street, Suite 300
3 Las Vegas, NV 89101
Telephone:
[phone]
[phone]
4 Facsimile:
Email: [e-mail]
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R. JEFFREY LAYNE, ESQ. (admitted pro hac vice)
6 REED SMITH LLP
111 Congress Avenue, Suite 400
7 Austin, TX 78701
Telephone:
[phone]
8 Facsimile:
[phone]
Email: [e-mail]
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Attorneys for Defendants HealthSouth Corp.
10 And HealthSouth of Henderson, Inc.
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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UNITED STATES OF AMERICA, ex rel.,
Joshua Luke,

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STIPULATION TO EXTEND THE TIME
FOR DEFENDANTS TO RESPOND TO
THE FIRST AMENDED COMPLAINT

Plaintiff,

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v.

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HEALTHSOUTH CORPORATION,
HEALTHSOUTH OF HENDERSON INC.,
KENNETH BOWMAN, JERRY GRAY, and
JAYA PATEL,

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Case No.: 2:13-cv-01319-APG-VCF

(First Request)

Defendants.

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Plaintiff-Relator Joshua Luke (“Plaintiff”), as relator in this action, and Defendants

23 HealthSouth Corporation and HealthSouth of Henderson, Inc. (collectively, “HealthSouth
24 Defendants”) and Kenneth Bowman (“Bowman”) (collectively, “Defendants”), by and through their
25 undersigned counsel, hereby stipulate and agree, subject to this Court’s approval, as follows:
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1.

Whereas, Plaintiff filed his Complaint (Dkt. #1) in this action on July 24, 2013;

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2.

Whereas, the United States declined to intervene in this action pursuant to the False

28 Claims Act and this Court ordered that the Complaint be unsealed on May 9, 2017 (Dkt. #35);
-1UNOPPOSED STIPULATION TO EXTEND THE TIME FOR DEFENDANTS TO RESPOND TO THE FIRST AMENDED COMPLAINT

3.

Whereas, Plaintiff served the Complaint on the HealthSouth Defendants on June 1,

4.

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Whereas, Plaintiff asked Bowman to waive service of summons on May 23, 2017, and

2 2017;
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4 Bowman agreed to waive service on June 20, 2017;
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Whereas, the Defendants filed two Motions to Dismiss Plaintiff’s Complaint on

6 July 24, 2017 (Dkt. #58, #59) and the HealthSouth Defendants filed a third Motion to Dismiss
7 Plaintiff’s Complaint on that same day (Dkt. #60);
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6.

Whereas, this Court granted one of the Defendants’ two Motions to Dismiss Plaintiff’s

9 Complaint, and granted the HealthSouth Defendants’ third Motion to Dismiss Plaintiff’s Complaint

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10 on March 7, 2018 (Dkt. #127);
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7.

Whereas, Plaintiff served the First Amended Complaint (Dkt. #132) on all Defendants

12 on April 9, 2018;
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Whereas, the HealthSouth Defendants filed a Motion to Dismiss Plaintiff’s First

14 Amended Complaint (Dkt. #133) on April 23, 2018;
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9.

Whereas, Bowman filed a Motion to Dismiss Plaintiff’s First Amended Complaint

16 (Dkt. #134) on April 23, 2018;
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10.

Whereas, on June 26, 2018, this Court granted in part and denied in part the

18 Defendants’ Motions to Dismiss Plaintiff’s First Amended Complaint, and granted Plaintiff until
19 July 27, 2018 to file a second amended complaint (Dkt. #148);
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11.

Whereas, the deadline for the Defendants to respond to Plaintiff’s First Amended

21 Complaint is currently July 13, 2018;
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Whereas, Plaintiff has agreed to grant the Defendants until July 24, 2018 to respond

23 to Plaintiff’s First Amended Complaint.
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This stipulation is made in good faith, is not interposed for delay, and is not filed for an

25 improper purpose. This is the first stipulation to extend the time for the Defendants to respond to the
26 First Amended Complaint.
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-2UNOPPOSED STIPULATION TO EXTEND THE TIME FOR DEFENDANTS TO RESPOND TO THE FIRST AMENDED COMPLAINT

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DATED this 11th day of July, 2018.

DATED this 11th day of July, 2018.

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PISANELLI BICE PLLC

THORNDAL, ARMSTRONG, DELK,
BALKENBUSH & EISINGER

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/s/ James Pisanelli
______________
JAMES J. PISANELLI, ESQ.
Nevada Bar No. 4027
400 S. 7th Street, Suite 300
Las Vegas, NV 89101

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DATED this 11th day of July, 2018.

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REED SMITH LLP

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/s/ R. Jeffrey Layne__________________
R. JEFFREY LANE, ESQ.
(admitted pro hac vice)
111 Congress Avenue, Suite 400
Austin, TX 78701

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/s/ Craig Delk_________________________
CRAIG R. DELK, ESQ.
Nevada Bar No. 2295
1100 E. Bridger Avenue
Las Vegas, NV 89101
LAW OFFICE OF MERRIL HIRSH

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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/s/ Merril Hirsh_______________________
MERRIL HIRSH, ESQ.
(admitted pro hac vice)
2837 Northampton St., NW
Washington, D.C. 20015

DATED this 11th day of July, 2018.
Attorneys for Defendants HealthSouth Corp.
MORGAN VERKAMP LLC
and HealthSouth of Henderson, Inc.

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DATED this 11th day of July, 2018.

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/s/ Frederick M. Morgan_________________
FREDERICK M. MORGAN
(admitted pro hac vice)
SONYA A. RAO
(admitted pro hac vice)
35 East Seventh St., Suite 600
Cincinnati, OH 45202

BRADLEY ARANT BOULT
CUMMINGS LLP

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/s/ Elizabeth Hamrick________________
ELIZABETH HAMRICK, ESQ.
Nevada Bar No. 9414
200 Clinton Avenue West, Suite 900
Huntsville, AL 35801

Attorneys for Relator Joshua Luke

Attorneys for Defendant
Kenneth Bowman

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ORDER
IT IS SO ORDERED:

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UNITED STATESMAGISTRATE JUDGE
7-11-2018
DATED:

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CASE NO.: 2:13-cv-01319-APG-VCF

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-3UNOPPOSED STIPULATION TO EXTEND THE TIME FOR DEFENDANTS TO RESPOND TO THE FIRST AMENDED COMPLAINT

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CERTIFICATE OF SERVICE
I certify that on July 11, 2018, a copy of this document was filed using the Court’s CM/ECF

3 system. Copies of this document have been served by electronic means on all registered users of the
4 Court’s CM/ECF system who have appeared in this case.
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/s/ R. Jeffrey Layne
R. Jeffrey Layne

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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-2UNOPPOSED STIPULATION TO EXTEND THE TIME FOR DEFENDANTS TO RESPOND TO THE FIRST AMENDED COMPLAINT