Odell, Jr. et al v. Burwell et al

Filing 101

ORDER Granting 98 Motion to Extend Time for Extension of Scheduling Deadlines. Motions due by 2/16/2018. Responses due by 3/9/2018. Replies due by 3/30/2018. Signed by Judge Richard F. Boulware, II on 1/22/2018. (Copies have been distributed pursuant to the NEF - ADR)

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GEORGE K. BREW, ESQ.
LAW OFFICE OF GEORGE K. BREW
Florida Bar No. 854379
6817 Southpoint Parkway, Suite 1804
Jacksonville, Florida 32216
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorney for Robert H. Odell, Jr.,
M.D., PH.D and Robert Odell,
M.D., PH.D. Medical Enterprises,
A Nevada Corporation

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ROBERT H. ODELL, JR., et al.,
Plaintiff,

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v.
THOMAS E. PRICE, M.D., SECRETARY OF
HEALTH AND HUMAN SERVICES, et al.,

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Defendants.

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) Case No.: 2:15-cv-1793-RFB-GWF
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JOINT REQUEST FOR
)
EXTENSION OF
) SCHEDULING DEADLINES
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The Parties, through their undersigned counsel, respectfully request the Court

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extend the discovery Motion and briefing deadlines set forth in the Court’s Order dated

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November 14, 2017 and would state in support thereof as follows:

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1.

Pursuant to the Court’s Order, Plaintiff was provided the opportunity to

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conduct discovery necessary to support its jurisdictional allegations. Said discovery

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would include in part, three depositions. In this matter, said depositions are corporate

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depositions of the defendant agency and two other large corporate entities. Document

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production has been requested as well. The parties have conferenced and coordinated the

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deposition of several representatives, locations, availability and document production.

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The document production involved obtaining records stored off sight and requires a

JOINT REQUEST FOR EXTENSION OF SCHEDULING DEADLINES - 1

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detailed review of thousands of pages in order to determine relevant material. This

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process now appears complete.

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2.

The Parties have conducted several scheduling telephone conferences

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which have included third party Noridian Healthcare Solutions, the Regional Medicare

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Contractor responsible for processing many of the claims described in the Complaint.

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The deposition of Noridian Healthcare Solutions was taken November 14, 2017 in Fargo

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North Dakota. The deposition of Qualified Independent Contractor for the Defendant is

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scheduled to take place in Jacksonville, Florida on December 12, 2017. Defendant’s

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corporate representatives (three) are now scheduled to take place on January 5, 2018 in

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Baltimore, Maryland. Defendant will be producing its representatives in Baltimore,

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Maryland.

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3.

The deposition of Defendant’s corporate representatives previously

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scheduled for Dec 18, 2017 has been re-scheduled for January 5, 2018 in Baltimore

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Maryland. This re-scheduling was necessary due to a healthcare emergency involving

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Plaintiff’s counsel (Mr. Brew). Due to unforeseen circumstances a small additional

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amount of time is necessary to complete the Discovery in question through January 5th.

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4.

The Parties respectfully request the Court extend the deadline for

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discovery through January 5, 2018 with dispositive motions due February 16, 2018,

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Responses due March 9, 2018 and Replies due March 30, 2018.

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STEVEN W. MYHRE
Acting United States Attorney
District of Nevada
/s/ Roger Wenthe_________
ROGER W. WENTHE
Assistant United States Attorney
Nevada Bar No. 8920
United States Attorney’s Office
501 Las Vegas Boulevard South,
Suite 1100
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: 702-388-6787
Email: [e-mail]
Attorneys for the United States

/s/ George K. Brew
GEORGE K. BREW, ESQUIRE
Florida Bar No.: 854379
6817 Southpoint Parkway, Suite 1804
Jacksonville, Florida 32216
Telephone: [phone]
Facsimile: [phone]
ROURKE LAW FIRM
ROBERT D. ROURKE, ESQUIRE
10161 Park Rim Drive Suite 150
Las Vegas, NV 89145
702-515-7440
Fax [phone]

JOINT REQUEST FOR EXTENSION OF SCHEDULING DEADLINES - 2

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CERTIFICATE OF SERVICE

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The undersigned certifies that the following were served with a copy of the foregoing
document on the date and by the method of service identified below:
CM/ECF

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All counsel of record
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Dated: December 12, 2017

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IT IS SO ORDERED:

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__________________________
RICHARD F. BOULWARE, II
United States District Judge
DATED this 22nd day of January, 2018.

/s/ George K. Brew
GEORGE K. BREW, ESQUIRE
Florida Bar No.: 854379
6817 Southpoint Parkway, Suite 1804
Jacksonville, Florida 32216
Telephone: [phone]
Facsimile: [phone]
ROURKE LAW FIRM
ROBERT D. ROURKE, ESQUIRE
10161 Park Rim Drive Suite 150
Las Vegas, NV 89145
702-515-7440
Fax [phone]

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JOINT REQUEST FOR EXTENSION OF SCHEDULING DEADLINES - 3