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

Filing 154

ORDER granting 153 and 152 Stipulation; Re: 110 Motion for Preliminary Injunction, Responses due by 4/27/2018. Replies due by 5/17/2018. Answer to 146 First Amended Answer and Counterclaim due 4/20/2018. Signed by Magistrate Judge Carl W. Hoffman on 3/27/2018. (Copies have been distributed pursuant to the NEF - JM) Modified on 3/27/2018 (JM).

1
2
3
4
5
6
7
8
9
10
11

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;
and DaVita Medical Management, LLC
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

12
13
14
15
16
17
18
19
20
21
22

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

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

STIPULATION AND ORDER EXTENDING
DEADLINES TO RESPOND TO
DEFENDANTS/COUNTERCLAIMANTS’:

Plaintiffs,
v.
DAVITA INC., HEALTHCARE PARTNERS
HOLDINGS, LLC, and HEALTHCARE
PARTNERS, LLC,
Defendants.
________________________________________
AND RELATED CLAIMS.

(1) COUNTERMOTION TO MODIFY THE
PRELIMINARY INJUNCTION [ECF NO.
110] (SECOND REQUEST); AND
(2) FIRST AMENDED ANSWER AND
COUNTERCLAIMS (FIRST REQUEST)
[ECF 146]

23

Plaintiffs/Counterdefendants Sherif W. Abdou, M.D. and Amir S. Bacchus, M.D.

24

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

25

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

26

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

27

(collectively, the “Parties”), stipulate and agree as follows:

28
Page 1 of 4

1
2
3
4
5
6
7

1.

On February 21, 2018, the DaVita parties filed their Countermotion to Modify the

Preliminary Injunction (“Countermotion”) [ECF 110].
2.

The deadline for Abdou/Bacchus to respond to the Countermotion was March 7, 2018

(“Opposition Due Date”).
3.

The deadlines for the DaVita Parties to reply in support of the Countermotion was

March 14, 2018 (“Reply Due Date”).
4.

The Parties submitted a Stipulation and Order to Extend Response and Reply

8

Deadlines (First Request) on March 5, 2018 [ECF No. 129], and the Court ordered that the

9

Opposition Due Date was extended to March 27, 2018 and the Reply Due Date was extended to

10
11
12
13
14
15
16
17
18
19

April 6, 2018 [ECF No. 132].
5.

On November 15, 2017, the DaVita Parties filed a Motion for Leave to File First

Amended Answer and Counterclaims [ECF No. 85].
6.

On March 20, 2018, the Court GRANTED the DaVita Parties’ Motion for Leave to

File First Amended Answer and Counterclaims. [ECF 145].
7.

On March 20, 2018, the Court filed the DaVita Parties’ First Amended Answer and

Counterclaims [ECF No. 146].
8.

The deadline for Abdou/Bacchus to file their response to the DaVita Parties’ First

Amended Answer and Counterclaims is April 3, 2018.
9.

On March 8, 2018, Abdou/Bacchus filed a Notice of Appeal [ECF No. 136],

20

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

21

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

22

10.

The briefing schedule for the Motion to Dissolve Appeal filed with the Ninth Circuit

23

on March 8, 2018, requires that the opening brief and excerpts of record are due no later than April

24

5, 2018, and the answering brief is due May 3, 2018.

25

11.

The Parties agree that the Opposition Due Date should be extended to April 27, 2018,

26

and that the Reply Due Date should be extended to May 17, 2018. This is the second request for an

27

extension of these deadlines and is not intended to cause any delay or prejudice to any party.

28

12.

The Parties agree that the date for Abdou/Bacchus to file their response to the First
Page 2 of 4

1

Amended Answer and Counterclaims should be extended to April 20, 2018. This is the first request

2

for an extension of this deadline and is not intended to cause any delay or prejudice to any party.

3

13.

Due to the time demands associated with the appeal before the United States Court of

4

Appeals for the Ninth Circuit [ECF No. 136] and the press of other business, the Parties request the

5

extension of the above-referenced deadlines.

6

DATED this 26th day of March, 2018.

DATED this 26th day of March, 2018.

7

SNELL & WILMER L.L.P.

BAILEYKENNEDY

8

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/Counterdefendants
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; and
DaVita Medical Management, LLC

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Page 3 of 4

1

ORDER

2

IT IS SO ORDERED. The Opposition Due Date to respond to the Countermotion is

3

extended to April 27, 2018, and that the Reply Due Date in support of the Countermotion is

4

extended to May 17, 2018.

5
6

IT IS FURTHER OREREDED. The deadline for Abdou/Bacchus to file their response to
the DaVita Parties’ First Amended Answer and Counterclaims is extended to April 20, 2018.

7
8
9
UNITED STATES MAGISTRATE JUDGE

10
11

Dated:

12

Respectfully Submitted by:

13

BAILEYKENNEDY

14

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; and
DaVita Medical Management, LLC

15
16
17
18
19
20
21
22
23
24
25
26
27
28

Page 4 of 4

March 27, 2018