Abdou, M.D. et al v. Davita, Inc. et al

Filing 148

ORDER granting 147 Stipulation; Discovery due by 12/10/2018. Motions due by 1/22/2019. Proposed Joint Pretrial Order due by 2/11/2019. Signed by Magistrate Judge Carl W. Hoffman on 3/21/2018. (Copies have been distributed pursuant to the NEF - JM)

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JOHN R. BAILEY
Nevada Bar No. 0137
JOSHUA M. DICKEY
Nevada Bar No. 6621
KELLY B. STOUT
Nevada Bar No. 12105
PAUL C. WILLIAMS
Nevada Bar No. 12524
BAILEYKENNEDY
8984 Spanish Ridge Avenue
Las Vegas, Nevada 89148-1302
Telephone: [phone]
Facsimile: 702.562.8821
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants/Counterclaimants
DaVita Inc.; DaVita Medical Holdings, LLC
(f/k/a HealthCare Partners Holdings, LLC);
and DaVita Medical Management, LLC
(f/k/a HealthCare Partners, LLC)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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SHERIF W. ABDOU, M.D. and AMIR S.
BACCHUS, M.D.,

Case No. 2:16-cv-02597-APG-CWH

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STIPULATION AND ORDER TO EXTEND
DISCOVERY DEADLINES

Plaintiffs,
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v.

(FOURTH REQUEST)

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DAVITA INC., HEALTHCARE PARTNERS
HOLDINGS, LLC, and HEALTHCARE
PARTNERS, LLC,

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Defendants.
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________________________________________
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AND RELATED CLAIMS.
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Plaintiffs/Counterdefendants Sherif W. Abdou, M.D. and Amir S. Bacchus, M.D.

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(“Abdou/Bacchus”) and Defendants/Counterclaimants DaVita Inc. (“DaVita”), DaVita Medical

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Holdings, LLC, f/k/a HealthCare Partners Holdings, LLC (“HCP Holdings”), and DaVita Medical

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Management, LLC, f/k/a HealthCare Partners, LLC (“HCP”) (collectively, the “DaVita Parties”)

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(collectively, the “Parties”), by and through their respective attorneys of record, stipulate and agree
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that the discovery deadlines be continued in this matter by an additional one hundred eighty (180)

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days beyond the dates set forth in the October 13, 2017 Order Extending Discovery (ECF No. 60)1.

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Pursuant to Fed. R. Civ. P. 16(b) and LR 26-4, the parties state the following:

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LR 26-4(a) – Discovery Completed to Date

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1.

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On June 19, 2017, the DaVita Parties served the following written discovery:
a.

Defendants/Counterclaimants’ First Set of Requests for Production of

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Documents to Plaintiff Sherif W. Abdou, M.D. (the “Abdou Requests for

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Production”); and

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b.

Defendants/Counterclaimants’ First Set of Requests for Production of

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Documents to Plaintiff Amir S. Bacchus, M.D. (the “Bacchus Requests for

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Production”) (jointly, the “DaVita Parties’ Requests for Production”).

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2.

Parties’ Requests for Production.

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On July 24, 2017, Abdou/Bacchus served their respective responses to the DaVita

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In their responses, Abdou/Bacchus objected to the DaVita Parties’ Requests for

Production and did not produce any documents.

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4.

On August 2, 2017, former counsel for Abdou/Bacchus and counsel for the DaVita

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Parties held a telephonic meet-and-confer regarding Abdou/Bacchus’s responses to the DaVita

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Parties’ Requests for Production, but were unable to resolve the issues.

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5.

On August 31, 2017, the DaVita Parties filed their Motion to Compel Production of

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Documents (ECF No. 49) (the “Motion to Compel”), seeking to compel documents responsive to the

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DaVita Parties’ Requests for Production.

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6.

Subsequently, Abdou/Bacchus agreed to produce documents responsive to the DaVita

Parties’ Requests for Production.

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7.

Based on Abdou/Bacchus’s agreement to produce documents, the Parties agreed and

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the Court ordered to extend Abdou/Bacchus’s deadline to respond to the Motion to Compel. (ECF

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No. 55.)

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By order dated February 28, 2018, the deadline for the Parties to amend the pleadings or add parties was extended to
April 11, 2018 (ECF No. 127).

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8.

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On September 13, 2017 Abdou/Bacchus served the following written discovery:
a.

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Plaintiffs/Counterdefendants’ First Set of Requests for Production of
Documents to Defendant/Counterclaimant DaVita Inc.;

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b.

Plaintiffs/Counterdefendants’ First Set of Requests for Production of

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Documents to Defendant/Counterclaimant HealthCare Partners Holdings,

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LLC; and

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c.

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Plaintiffs/Counterdefendants’ First Set of Requests for Production of
Documents to Defendant/Counterclaimant HealthCare Partners, LLC.

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On October 5, 2017, Abdou/Bacchus served the following written discovery:
a.

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Plaintiffs/Counterdefendants’ Second Set of Requests for Production of
Documents to Defendant/Counterclaimant DaVita Inc.;

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b.

Plaintiffs/Counterdefendants’ Second Set of Requests for Production of

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Documents to Defendant/Counterclaimant HealthCare Partners Holdings,

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LLC; and

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c.

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Plaintiffs/Counterdefendants’ Second Set of Requests for Production of
Documents to Defendant/Counterclaimant HealthCare Partners, LLC.

10.

On October 16, 2017, Abdou/Bacchus served their supplemental responses to the

DaVita Parties’ Requests for Production.
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On December 22, 2017, the DaVita Parties served their responses to the

Plaintiffs/Counterdefendants’ First and Second Sets of Requests for Production of Documents.

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12.

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discovery:

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On January 29, 2018, Plaintiffs/Counterdefendants’ served the following written

a. Plaintiffs/Counterdefendants’ Third Set of Requests for Production of Documents to
Defendant/Counterclaimant DaVita Inc.;
b. Plaintiff/Counterdefendant Sherif W. Abdou, M.D.’s First Set of Requests for
Admission to Defendants/Counterclaimants; and
c. Plaintiff/Counterdefendant Sherif W. Abdou, M.D.’s First Set of Interrogatories to
Defendants/Counterclaimants.
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13.

The DaVita Parties have issued the following subpoenas:
a.

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Management, LLC: September 22, 2017.
b.

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c.

d.

Custodian of Records for Chicago Pacific Founders Fund, L.P.: September
22, 2017.

e.

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Rule 30(b)(6) Representative(s) of Chicago Pacific Founders Fund, L.P.:
September 22, 2017.

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Custodian of Records for Chicago Pacific Founders Capital Management,
LLC: September 22, 2017.

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Rule 30(b)(6) Representative(s) of Chicago Pacific Founders Capital

Rule 30(b)(6) Representative(s) of Chicago Pacific Founders GP, L.P.:
September 22, 2017.

f.

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Custodian of Records for Chicago Pacific Founders GP, L.P.: September 22,
2017.

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g.

Greg Kazarian: September 22, 2017.

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h.

Lawrence Leisure: September 22, 2017. On September 28, 2017 Defendant

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served an Amended Deposition Subpoena.

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i.

Custodian of Records for Universal Health Services, Inc.: December 8, 2018.

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j.

Rule 30(b)(6) Representative(s) of Universal Health Services, Inc.: December

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8, 2018.

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k.

Karla Perez: November 30, 2017.

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l.

Kamal Jemmoua: November 30, 2017.

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m.

Custodian of Records for Anthem, Inc.: December 14, 2017.

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n.

Rule 30(b)(6) Representative(s) of Anthem, Inc.: December 14, 2017.

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o.

Tammy W. Boswell: January 2, 2018.

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p.

Joshua D. Martin: January 2, 2018.

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q.

Custodian of Records for Humana, Inc.: December 14, 2017.

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r.

Rule 30(b)(6) Representative(s) of Humana, Inc.: December 14, 2017. On

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January 19, 2018, Humana, Inc. served its objections to the DaVita Parties’
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Subpoena to the Rule 30(b)(6) Representative(s) of Humana, Inc.

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s.

Rick Beavin: December 14, 2017.

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t.

Diane Gregory: January 2, 2018.

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u.

Sam Kaufman: January 2, 2018.

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v.

Custodian of Records for Aetna, Inc.: March 16, 2018.

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w.

Rule 30(b)(6) Representative(s) of Aetna, Inc.: March 16, 2018.

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x.

Custodian of Records of Dignity Health: March 16, 2018.

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y.

Rule 30(b)(6) Representative(s) of Dignity Health: March 16, 2018.

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z.

Custodian of Records of Centene Corporation: March 16, 2018.

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aa.

Rule (30(b)(6) Representative(s) of Centene Corporation: March 16, 2018.

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bb.

Custodian of Records for Cigna Corporation: March 16, 2018.

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cc.

Rule (30(b)(6) Representative(s) of Cigna Corporation: March 16, 2018.

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dd.

Custodian of Records for UnitedHealth Group Incorporated: March 16, 2018.

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ee.

Rule (30(b)(6) Representative(s) of UnitedHealth Group Incorporated: March

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16, 2018.
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The following depositions are currently scheduled:

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a.

Custodian of Records for Aetna, Inc.: May 31, 2018 at 9:00 a.m.

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b.

Rule 30(b)(6) Representative(s) of Aetna, Inc.: June 11, 2018 at 9:00 a.m.

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c.

Custodian of Records of Dignity Health: May 31, 2018 at 10:00 a.m.

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d.

Rule 30(b)(6) Representative(s) of Dignity Health: June 11, 2018 at 1:00 p.m.

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e.

Custodian of Records of Centene Corporation: May 31, 2018 at 11:00 a.m.

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f.

Rule 30(b)(6) Representative(s) of Centene Corporation: June 12, 2018 at

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9:00 a.m.

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g.

Custodian of Records for Cigna Corporation: May 31, 2018 at 1:00 p.m.

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h.

Rule (30(b)(6) Representative(s) of Cigna Corporation: June 13, 2018 at 9:00

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a.m.
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Custodian of Records for UnitedHealth Group Incorporated: May 31, 2018 at
3:00 p.m.
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j.

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12, 2018 at 1:00 p.m.
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b. The deposition of Kamal Jemmoua, individually and in his capacity as the Federal
Rule of Civil Procedure 30(b)(6) Representative of Universal Health Services,
Inc. on January 24, 2018.

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The following depositions have been taken:
a. The deposition of Karla Perez, individually and in her capacity as the Federal
Rule of Civil Procedure 30(b)(6) Representative of Universal Health Services,
Inc. on January 25, 2018.

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Rule (30(b)(6) Representative(s) of UnitedHealth Group Incorporated: June

LR 26-4(b) – Discovery Remaining to be Completed
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A substantial amount of discovery remains to be completed, including numerous

depositions, additional written discovery, subpoenas to third parties, and potential expert discovery.
LR 26-4(c) – Reasons Why Remaining Discovery Cannot be Completed within Deadlines
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On December 18, 2017, Abdou/Bacchus filed a Notice of Appeal [ECF No. 97],

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appealing to the United States Court of Appeals for the Ninth Circuit the November 17, 2017 order

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of the district court [ECF No. 92] granting the Motion for Preliminary Injunction [ECF No. 64/66]

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and issuing a Preliminary Injunction in favor of the DaVita Parties.

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On January 16, 2018, Abdou/Bacchus filed Appellants’ Opening Brief [Dkt Entry: 5]

and related Excerpts of Record Volumes 1-4 [Dkt Entry: 6-1 – 6-4] and Volume 5 (filed under Seal).
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On February 13, 2018, the DaVita Parties filed Appellees’ Answering Brief [Dkt

Entry: 20] and related Supplemental Excerpts of Record [Dkt Entry: 21].

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On March 6, 2018, Abdou/Bacchus filed Appellants’ Reply Brief [Dkt Entry: 25].

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On March 6, 2018, Abdou/Bacchus filed a Notice of Appeal [ECF No. 136],

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appealing to the United States Court of Appeals for the Ninth Circuit the March 7, 2018 order of the

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district court denying Motion to Dissolve or Modify Injunction [ECF No. 135].

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22.

Given the substantial amount of discovery to be conducted, the time spent by the

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Parties conducting written and oral discovery related to the Emergency Motion for Temporary

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Restraining Order and Preliminary Injunction (ECF No. 64), and the appeals before the United States

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Court of Appeals for the Ninth Circuit, the Parties concur that the amount of discovery to be

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completed cannot be done within the current deadlines. This extension request for all discovery
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deadlines was anticipated and referenced in the Stipulation to Extend Time to Amend Pleadings

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(Third Request) (ECF No. 127).

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any delay or prejudice to any party.

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This is the fourth request for an extension of deadlines and is not intended to cause

LR 26-4(d) – Proposed Schedule to Complete Remaining Discovery
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Based on the forgoing, good cause exists to extend the discovery deadlines by 180

days, which the Parties believe is sufficient time to complete the outstanding discovery.
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The Parties stipulate and agree to extend discovery deadlines as follows:

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a.

Discovery deadline:

December 10, 2018

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b.

Deadline to amend pleadings:

September 11, 2018

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c.

Deadline for initial expert designations:

September 11, 2018

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d.

Deadline for interim status report:

October 8, 2018

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e.

Deadline for rebuttal expert designations:

October 11, 2018

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f.

Deadline for dispositive motions:

January 22, 2019

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g.

Deadline for joint pre-trial order:

February 11, 2019 (or 30 days

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after the Court announces a

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decision on any dispositive

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motions)

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DATED this 20th day of March, 2018.

DATED this 20th day of March, 2018.

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SNELL & WILMER L.L.P.

BAILEYKENNEDY

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By: /s/ Charles E. Gianelloni
PATRICK G. BYRNE, ESQ.
Nevada Bar No. 7636
CHARLES E. GIANELLONI, ESQ.
Nevada Bar No. 12747
3883 Howard Hughes Parkway
Suite 1100
Las Vegas, Nevada 89169.
Phone: [phone]
Fax: [phone]
Attorneys for Plaintiffs Sherif W. Abdou,
M.D. and Amir S. Bacchus, M.D.

By: /s/ Paul C. Williams
JOHN R. BAILEY
JOSHUA M. DICKEY
KELLY B. STOUT
PAUL C. WILLIAMS
Attorneys for Defendants/Counterclaimants
DaVita Inc.; DaVita Medical Holdings, LLC
(f/k/a HealthCare Partners Holdings, LLC); and
DaVita Medical Management, LLC
(f/k/a HealthCare Partners, LLC)

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ORDER

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IT IS SO ORDERED:

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The discovery deadlines are hereby extended 180 days as follows:

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a.

Discovery deadline:

December 10, 2018

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b.

Deadline to amend pleadings:

September 11, 2018

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c.

Deadline for initial expert designations:

September 11, 2018

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d.

Deadline for interim status report:

October 8, 2018

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e.

Deadline for rebuttal expert designations:

October 11, 2018

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f.

Deadline for dispositive motions:

January 22, 2019

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g.

Deadline for joint pre-trial order:

February 11, 2019 (or 30 days

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after the Court announces a decision on

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any dispositive motions)

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UNITED STATES MAGISTRATE JUDGE

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Dated: March 21, 2018

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Respectfully Submitted by:

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BAILEYKENNEDY

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By: /s/ Paul C. Williams
JOHN R. BAILEY
JOSHUA M. DICKEY
KELLY B. STOUT
PAUL C. WILLIAMS
Attorneys for Defendants/Counterclaimants
DaVita Inc.; DaVita Medical Holdings, LLC
(f/k/a HealthCare Partners Holdings, LLC); and
DaVita Medical Management, LLC
(f/k/a HealthCare Partners, LLC)

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