Las Vegas Regional Surgery Center v. Blue Cross of Colorado

Filing 34

ORDER Granting 33 Stipulation to Extend Time Re: 32 Motion to Dismiss. Responses due by 10/30/2018. Signed by Judge Richard F. Boulware, II on 10/23/2018. (Copies have been distributed pursuant to the NEF - ADR)

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David J. Merrill
Nevada Bar No. 6060
David J. Merrill, P.C.
10161 Park Run Drive, Suite 150
Las Vegas, Nevada 89145
Telephone: [phone]
E-mail: [e-mail]
Attorney for Plaintiff

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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LAS VEGAS REGIONAL SURGERY
CENTER, L.P., a Nevada limited partnership,
Plaintiff,

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Stipulation and Order to Extend Time to File
Response to Defendant’s Motion to Dismiss
Plaintiff’s First Amended Complaint Pursuant
to F.R.C.P. Rule 12(b)(6) and the Reply in
Support

vs.
BLUE CROSS OF COLORADO, a business
organization, form unknown, and DOES 1–10,

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2:18-CV-00093-RFB-(NJK)

(First Request)

Defendants.

In accordance with LR IA 6-1, LR 7-1(a), and 7-2, the parties stipulate as
follows:
1.

On October 9, 2018, Rocky Mountain Hospital and Medical Service,

Inc. doing business as Anthem Blue Cross and Blue Shield, erroneously named as
Blue Cross of Colorado, filed Defendant’s Notice of Motion and Motion to Dismiss
Plaintiff’s First Amended Complaint Pursuant to F.R.C.P. Rule 12(b)(6) and 12(e)
(ECF No. 32). In accordance with LR 7-2(b), the plaintiff, Las Vegas Regional
Surgery Center, L.P., has up to and including October 23, 2018, to file a response to
the motion. And Blue Cross would then have until October 30, 2018, to file a reply
in support of the motion to dismiss.

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2.

Because counsel for Las Vegas Regional Surgery Center has been and

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will be traveling, he asked for an extension of time until November 6, 2018, to file a

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response to the motion. Blue Cross agreed to the extension.

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3.

But because Blue Cross’s counsel will be out of the office on November

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13 (the new deadline for it to file a reply) she asked for an extension of time until

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November 15, 2018, to file the reply. Las Vegas Regional Surgery Center agreed to

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the extension.

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4.

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The parties have agreed to these extensions for good cause and not

solely for the purpose of delay.
5.

This is the first request for an extension of time to file an opposition to

the motion to dismiss.

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6.

Hence the parties stipulate that Las Vegas Regional Surgery Center

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shall have up to and including November 6, 2018, to file a response to the motion.

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And Blue Cross may file a reply in support of the motion on or before November 15,

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2018.

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DATED this 22nd day of October 2018.
DAVID J. MERRILL, P.C.

MESERVE MUMPER & HUGHES LLP

By:

By:

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/s/ David J. Merrill
DAVID J. MERRILL
Nevada Bar No. 6060
10161 Park Run Drive, Suite 150
Las Vegas, Nevada 89145
[phone]
Attorney for Plaintiff

/s/ Anna Maria Martin
ANNA MARIA MARTIN
Nevada Bar No. 7079
316 California Avenue, #216
Reno, Nevada 89509
[phone]
Attorneys for Defendant

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IT IS SO ORDERED:

__________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE
United States District Court
DATED: October 23, 2018.

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