Valley Health System, LLC et al v. Aetna Health, Inc. et al

Filing 95

ORDER that Defendants shall file a surreply re: 55 Plaintiffs' Motion to Compel Arbitration by 12/1/2016. See Order for details. Signed by Magistrate Judge Nancy J. Koppe on 11/22/2016. (Copies have been distributed pursuant to the NEF - AC)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 VALLEY HEALTH SYSTEM LLC, et al., 11 Plaintiff(s), 12 vs. 13 AETNA HEALTH, INC., et al., 14 Defendant(s). 15 ) ) ) ) ) ) ) ) ) ) Case No. 2:15-cv-01457-JCM-NJK ORDER 16 Pending before the Court is Plaintiffs’ motion to compel arbitration of Defendants’ 17 counterclaims. Docket No. 55. Defendants filed a response in opposition, Docket No. 60, and Plaintiffs 18 filed a reply, Docket No. 75. This motion has been referred to the undersigned magistrate judge. 19 Defendants interpreted the motion as not seeking to compel arbitration of the unjust enrichment 20 counterclaim and noted, without elaboration, that such request would fail “as a mater of law.” Docket 21 No. 60 at 2. The reply makes clear that the motion is intended to seek to compel arbitration of the unjust 22 enrichment claim. Docket No. 75 at 11-12. The Court finds it in the interest of justice to permit 23 Defendants to file a surreply limited to addressing the arbitrability of the unjust enrichment claim. That 24 surreply shall be filed by December 1, 2016, and shall be limited to 5 pages. 25 IT IS SO ORDERED. 26 DATED: November 22, 2016 27 28 ______________________________________ NANCY J. KOPPE United States Magistrate Judge

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