United States of America, ex rel et al v. Fife Dermatology PC et al

Filing 68

ORDER Granting 67 Stipulation for Extension of Time. Douglas Fife, Heather Fife, Fife Dermatology, PC answer due 1/12/2022. Signed by Magistrate Judge Elayna J. Youchah on 1/5/2022. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:17-cv-02191-JCM-EJY Document 68 Filed 01/05/22 Page 1 of 3

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Paul Swenson Prior, Esq.
Nevada Bar No. 9324
Hayley J. Cummings, Esq.
Nevada Bar No. 14858
SNELL & WILMER L.L.P.
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, NV 89169
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendant Vivida Dermatology f/k/a
Fife Dermatology, PC d/b/a Surgical Dermatology &
Laser Center, Douglas Fife, M.D., and Heather Fife

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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THOMAS MOONEY,

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Plaintiff,

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v.
FIFE DERMATOLOGY, PC, d/b/a
SURGICAL DERMATOLOGY & LASER
CENTER, DOUGLAS FIFE, M.D., and
HEATHER FIFE,

Case No. 2:17-cv-02191-JCM-EJY
STIPULATION TO EXTEND DEADLINE
TO RESPOND TO PLAINTIFF’S SECOND
AMENDED COMPLAINT [ECF NO. 63]
(FIRST REQUEST)

Defendants.

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Pursuant to LR IA 6-1, LR IA 6-2, and LR 7-1, Defendants Vivida Dermatology f/k/a

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Fife Dermatology, PC d/b/a Surgical Dermatology & Laser Center (“Vivida”), Douglas Fife,

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M.D. (“Dr. Fife”), and Heather Fife (collectively, “Defendants”), by and through their counsel,

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Snell & Wilmer L.L.P., and Plaintiff Thomas Mooney (“Plaintiff”), by and through his counsel,

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James P. Kemp, Esq., submit this Stipulation and Proposed Order, based on the following:

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Case 2:17-cv-02191-JCM-EJY Document 68 Filed 01/05/22 Page 2 of 3

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1.

On December 22, 2021, the Court granted in part and denied in part Plaintiff’s

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Motion for Leave to File Second Amended Complaint [ECF No. 53], and the Court then

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instructed the Clerk of the Court to detach and separately file Plaintiff’s Second Amended

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Complaint. See Order, ECF No. 62.

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2.

That same day, December 22, 2021, the Clerk of the Court filed Plaintiff’s Second

Amended Complaint against Defendants. See ECF No. 63.

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3.

The Court further ordered that Plaintiff had 90 days (or until March 22, 2022) to

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serve his Second Amended Complaint [ECF No. 63] on all remaining parties in this matter. See

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ECF No. 62.

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4.

On December 29, 2021, counsel for Vivida entered a notice of appearance with

Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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respect to Dr. Fife and Heather Fife. See ECF No. 65. Defendants then filed a Notice of

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Acceptance of Service with respect to Plaintiff’s Second Amended Complaint. See ECF No. 66

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(also filed December 29, 2021).

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5.

Calculating from the Clerk’s December 22, 2021 filing of Plaintiff’s Second

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Amended Complaint, Vivida’s response is due Wednesday, January 5, 2021. See FRCP 15(a)(3).

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However, with respect to Defendants Dr. Fife and Heather Fife, when calculating from the date

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of the Notice of Acceptance of Service, Dr. Fife’s and Heather Fife’s responses are due

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Wednesday, January 12, 2022.

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6.

Defendants have requested that the deadline for all Defendants (i.e., Vivida, Dr.

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Fife, and Heather Fife) to file an answer to Plaintiff’s Second Amended Complaint be

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Wednesday, January 12, 2022.

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This request for an extension with respect to Vivida is not intended to cause any

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delay or prejudice to any party. The reason for this request is to provide all Defendants sufficient

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time to jointly evaluate and jointly respond to the allegations set forth in the Second Amended

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Complaint, and to account for varying schedules due to pre-arranged plans for the holidays,

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which directly followed the filing of Plaintiff’s Second Amended Complaint.

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Case 2:17-cv-02191-JCM-EJY Document 68 Filed 01/05/22 Page 3 of 3

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IT IS HEREBY STIPULATED AND AGREED by and between the Parties that the

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deadline for all Defendants (i.e., Vivida, Dr. Fife, and Heather Fife) to file an answer to

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Plaintiff’s Second Amended Complaint shall be Wednesday, January 12, 2022.

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IT IS SO STIPULATED.

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Dated: January 5, 2022

Dated: January 5, 2022

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KEMP & KEMP

SNELL & WILMER L.L.P.

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/s/ James P. Kemp
James P. Kemp, Esq.
Nevada Bar No. 6375
7435 W. Azure Drive, Ste 110
Las Vegas, Nevada 89130

/s/ Paul Swenson Prior
Paul Swenson Prior
Nevada Bar No. 9324
Hayley J. Cummings, Esq.
Nevada Bar No. 14858
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, NV 89169

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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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Attorneys for Plaintiff Thomas Mooney

Attorneys for Defendant Vivida Dermatology
f/k/a Fife Dermatology, PC d/b/a Surgical
Dermatology & Laser Center, Douglas Fife,
M.D., and Heather Fife

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IT IS SO ORDERED.

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____________________________________
UNITED STATES MAGISTRATE JUDGE

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DATED: January 5, 2022

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