Odell, Jr. et al v. Burwell et al

Filing 95

SCHEDULING ORDER Granting 90 Motion to Extend Time. Discovery due by 12/15/2017. Motions due by 1/26/2018. Responses due by 2/16/2018. Replies due by 3/9/2018. Signed by Judge Richard F. Boulware, II on 11/14/2017. (Copies have been distributed pursuant to the NEF - ADR)

Download PDF
1 2 3 4 5 6 GEORGE K. BREW, ESQ. LAW OFFICE OF GEORGE K. BREW Florida Bar No. 854379 6817 Southpoint Parkway, Suite 1804 Jacksonville, Florida 32216 Telephone: (904) 354-4741 Facsimile: (904) 854-6057 Email: george.brew@brewlawfirm.com Attorney for Robert H. Odell, Jr., M.D., PH.D and Robert Odell, M.D., PH.D. Medical Enterprises, A Nevada Corporation 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 12 13 14 15 16 17 ROBERT H. ODELL, JR., et al., ) ) ) Plaintiff, ) ) ) Case No.: 2:15-cv-1793-RFB-GWF v. ) ) JOINT REQUEST FOR ERIC D. HARGAN1, ACTING SECRETARY ) EXTENSION OF OF HEALTH AND HUMAN SERVICES, et al., ) SCHEDULING DEADLINES ) ) Defendants. ) ) 18 19 The Parties, through their undersigned counsel, respectfully request the Court 20 extend the discovery Motion and briefing deadlines set forth in the Court’s Order dated 21 August 18, 2017 and would state in support thereof as follows: 22 1. Pursuant to the Court’s Order, Plaintiffs were provided the opportunity to 23 conduct discovery necessary to support its jurisdictional allegations. Said discovery would 24 include in part, three depositions. In this matter, said depositions are corporate depositions 25 of the defendant agency and two other large corporate entities. Document production has 26 been requested as well. The parties have conferenced and coordinated the deposition of 27 1 28 Pursuant to Fed. R. Civ. P. 25(d), Eric D. Hargan, the new Acting Secretary of Health and Human Services, is automatically substituted as the Defendant in this action. JOINT REQUEST FOR EXTENSION OF SCHEDULING DEADLINES - 1 1 several representatives, locations, availability and document production. The document 2 production involves obtaining some records stored off site and requires a detailed review 3 of documents in order to determine relevant material. 2. 4 The Parties have conducted several scheduling telephone conferences which 5 have included third party Noridian Healthcare Solutions, the Medicare Administrative 6 Contractor responsible for processing many of the claims described in the Amended 7 Complaint. This third party will also be producing corporate representatives for 8 deposition. Defendant will be producing its representatives in Baltimore, Maryland. A 9 third corporate deposition of a Qualified Independent Contractor for Defendant is 10 currently being arranged. 3. 11 During this process Hurricane Irma had a significant impact on Florida, 12 including evacuations in Plaintiffs’ counsels’ area resulting in a 10-14 day delay in 13 operations. 4. 14 Document production prior to deposition and availability of deponents 15 currently necessitates scheduling deposition dates for mid-November into December, 16 2018. 17 5. Even with extensive coordination of opposing counsel and counsel for 18 outside entities, the ninety (90) day window of opportunity to conduct the discovery in 19 question provided by the Court Order does not appear feasible under the circumstances. 20 Therefore, the Parties respectfully request the Court extend the deadline for discovery 21 through December 15, 2017 and reset the deadlines for filing dispositive motions and 22 briefing. 23 6. Under the Court’s August 18, 2017 Order, briefing on dispositive motions 24 is scheduled to commence on December 8. In order to complete discovery, and afford 25 the Parties the time necessary to prepare the necessary memorandum accompanying 26 dispositive motions, the Parties respectfully request the Court enter a revised scheduling 27 order setting a new due date for dispositive motions to be filed on or before January 26, 28 2018, responses on February 16, 2018, and replies on March 9, 2018. JOINT REQUEST FOR EXTENSION OF SCHEDULING DEADLINES - 2 1 2 3 Respectfully submitted, 4 5 6 7 8 /s/ George K. Brew GEORGE K. BREW, ESQUIRE Florida Bar No.: 854379 6817 Southpoint Parkway, Suite 1804 Jacksonville, Florida 32216 Telephone: (904)354-4741 Facsimile: (904) 854-6057 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ROURKE LAW FIRM ROBERT D. ROURKE, ESQUIRE 10161 Park Rim Drive Suite 150 Las Vegas, NV 89145 702-515-7440 Fax 702-515-7441 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: 702-388-6336 Facsimile: 702-388-6787 Email: roger.wenthe@usdoj.gov Attorneys for the United States. 25 26 27 28 JOINT REQUEST FOR EXTENSION OF SCHEDULING DEADLINES - 3 1 2 3 4 CERTIFICATE OF SERVICE 5 6 7 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: 8 9 10 CM/ECF 11 All counsel of record 12 Dated: October 25, 2017 13 14 15 16 /s/ Roger Wenthe Roger W. Wenthe Assistant United States Attorney 17 18 19 20 21 22 23 24 25 26 27 28 JOINT REQUEST FOR EXTENSION OF SCHEDULING DEADLINES - 4 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 5 6 7 8 9 10 11 ROBERT H. ODELL, JR., et al., ) ) ) Plaintiff, ) ) ) Case No.: 2:15-cv-1793-RFB-GWF v. ) ERIC D. HARGAN, ACTING SECRETARY OF ) ) HEALTH AND HUMAN SERVICES, et al., ) ) ) Defendants. ) ) PROPOSED ORDER 12 13 14 Upon consideration of the Parties’ Joint Request for Extension of Scheduling Deadlines, it is HEREBY ORDERED: 15 16 17 18 Discovery shall remain OPEN through December 15, 2017; IT IS FURTHER ORDERED that dispositive motions shall be due January 26, 2018, Responses due February 16, 2018, with Replies due March 9, 2018. 19 20 21 IT IS SO ORDERED: 22 23 24 25 26 _______________________________ 14th day of November, 2017. UNITED STATES DISTRICT JUDGE DATED: ______________________ 27 28 JOINT REQUEST FOR EXTENSION OF SCHEDULING DEADLINES - 5

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?