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

Filing 185

ORDER that a Hearing to discuss the appointment of a Special Mater to oversee the completion of discovery in this case is scheduled for 5/9/2019 at 10:00 AM in LV Courtroom 3D before Magistrate Judge Cam Ferenbach. Counsel for the parties must consult with Ronald J. Hedges and any alternative Special Master candidates regarding potential appointment and if possible submit by noon, 5/7/2019 a proposed stipulation and order appointing a special master. The Clerk of Court is directed to email a copy of this order to Mr. Hedges. Signed by Magistrate Judge Cam Ferenbach on 4/17/2019. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 *** 6 7 8 9 10 UNITED STATES OF AMERICA, ex rel., Joshua Luke, Plaintiff, 2:13-CV-01319-APG-VCF ORDER vs. HEALTHSOUTH CORPORATION, et al., Defendants. 11 12 Before the Court are the Joint Proposed Revised Scheduling Order (ECF NO. 179), Defendants’ 13 Separate Statement Regarding Relator’s Motion to Compel Responses to Relator’s Second Requests for 14 Production (ECF NO. 180), Relator’s Position Regarding Scope of Discovery (ECF No. 181), and Motion 15 to Seal Brief (ECF NO. 182). 16 The parties cannot agree on (1) which entities or departments within defendants’ organization 17 should be included in the scope of discovery; (2) the identity of custodians for automated searches of 18 electronically stored information (“ESI”); the search terms to be used in automated searches of ESI; and 19 how far pretrial deadlines need to be extended to complete discovery. 20 The Court finds, based on the unsuccessful efforts of the parties to work together to establish a 21 proportional and effective plan to complete discovery in this case, appointing a Special Master to oversee 22 this process is appropriate. A court may appoint a Special Master to “address pretrial and posttrial matter 23 that cannot be effectively and timely addressed by an available district judge or magistrate judge of the 24 district.” Fed. R. Civ. P. 53(a)(1)(C). 25 Unless the parties can agree on another special master to be submitted to the court for approval, 1 2 the court is inclined to appoint Ronald J. Hedges, Esq.1 3 Accordingly, 4 IT IS HEREBY ORDERED that a hearing to discuss the appointment of a Special Mater to oversee 5 the completion of discovery in this case, is scheduled for 10:00 AM, May 9, 2019, in Courtroom 3D. If the parties would like the court to consider appointing another candidate as Special Master, that 6 7 candidate may appear by telephone. Ronald J. Hedges may appear by telephone. 8 The call-in telephone number is (888)273-3658, access code: 3912597. The call must be made five 9 minutes prior to the hearing time. The court will join the call and convene the proceedings. The call must 10 be made on a land line. The use of a cell phone or speaker phone during the proceedings is prohibited. 11 IT IS FURTHER ORDERED that Counsel for the parties must forthwith consult with Ronald J. 12 Hedges and any alternative Special Master candidates, regarding potential appointment and, if possible, 13 submit by noon, May 7, 2019, a proposed stipulation and order appointing a special master. If the parties 14 propose a special master other than Ronald J. Hedges, they must include a summary of that candidate’s 15 qualifications. 16 The Clerk of Court is directed to email a copy of this order to Mr. Hedges. 17 IT IS SO ORDERED. 18 DATED this 17th day of April, 2019. _________________________ CAM FERENBACH UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 Mr. Hedges can be reached at Ronald.hedges@dentons.com, telephone number 212-7685387. 1

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