Sunrise Hospital and Medical Center, LLC v. Rocky Mountain Hospital and Medical Service, Inc. et al

Filing 39

ORDER granting 38 Stipulation. Motions due by 5/13/2019. Proposed Joint Pretrial Order due by 6/12/2019. Signed by Magistrate Judge George Foley, Jr on 2/11/2019. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:18-cv-00761-RFB-GWF Document 38 Filed 02/05/19 Page 1 of 4

James J. Pisanelli, Esq., Bar No. 4027
[e-mail]
Debra L. Spinelli, Esq., Bar No. 9695
[e-mail]
PISANELLI BICE PLLC
400 South 7th Street, Suite 300
Las Vegas, Nevada 89101
Telephone: [phone]
Kevin D. Tessier, Esq. (admitted pro hac vice)
[e-mail]
Karen E. Vaysman, Esq. (admitted pro hac vice)
[e-mail]
REED SMITH LLP
10 South Wacker Drive
Chicago, Illinois 60606-7507
Telephone: [phone]
Attorneys for Rocky Mountain Hospital and Medical
Service, Inc. d/b/a Anthem Blue Cross and Blue Shield and
HMO Colorado Inc. d/b/a HMO Nevada
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
SUNRISE HOSPITAL AND MEDICAL
CENTER, LLC

Case No.: 2:18-cv-00761-RFB-GWF
Judge Richard F. Boulware, II

Plaintiff,

Magistrate Judge George Foley, Jr

vs.
ROCKY MOUNTAIN HOSPITAL AND
MEDICAL SERVICE, INC. d/b/a ANTHEM
BLUE CROSS AND BLUE SHIELD; HMO
COLORADO INC. d/b/a HMO NEVADA

STIPULATION TO EXTEND
SCHEDULING ORDER DEADLINES
(Second Request)

Defendants.
Pursuant to LR 6-1 and LR 26-4, Plaintiff Sunrise Hospital and Medical Center, LLC
(“Plaintiff”) and Defendants Rocky Mountain Hospital and Medical Service, Inc. d/b/a Anthem
Blue Cross and Blue Shield and HMO Colorado Inc. d/b/a HMO Nevada (“Defendants”, and
collectively, the “Parties”) submit this Stipulation to extend deadlines set forth in the entered Order
extending discovery deadlines, (Doc. 31) and state as follows:

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Case 2:18-cv-00761-RFB-GWF Document 38 Filed 02/05/19 Page 2 of 4

1.

On October 8, 2018, the Court entered an Order extending: the discovery cut-off to

January 28, 2019; the deadline for filing dispositive motions to February 27, 2019; and the deadline
for filing the joint pretrial order to March 29, 2019. (Doc. 31 at 3.)
2.

On January 4, 2019, the Court entered a Minute Entry setting hearing on

Defendants’ Rule 12(b)(6) Motion to Dismiss Plaintiff’s Complaint (Doc. 8) for March 5, 2019.
(Dkt. 37.)
3.

Accordingly, the Parties seek this extension of time to file dispositive motions and

a joint pretrial order until after the Court hears argument on and decides the Motion to Dismiss.
4.

Given the uncertainty of when the Court will rule on the Motion to Dismiss, the

Parties presently propose the below schedule for the remaining scheduling order deadlines:
a. Deadline for Filing Dispositive Motions: May 13, 2019.
b. Deadline for Filing Joint Pretrial Order: June 12, 2019, thirty (30) days after
deadline for filing dispositive motions. If dispositive motions are filed, this
deadline shall be suspended until thirty (30) days after decision of the dispositive
motion or further court order.
5.

This is the Parties’ second request for an extension of time to file dispositive

motions and the joint pretrial order, and there is good cause for the extension of these deadlines.
Filing dispositive motions, before the Court hears and decides the Motion to Dismiss and before
Defendants have had the opportunity to answer the Complaint and assert affirmative defenses to
any claims that may remain, would be premature. The Parties thus seek this extension to conform
the remaining deadlines in the Scheduling Order with the Court’s scheduling on the Motion to
Dismiss and to allow time for the Court to decide the Motion to Dismiss. This extension is also
sought to give Defendants time to answer the Complaint or assert affirmative defenses regarding
any claims that may survive the Motion to Dismiss and for the Parties to prepare dispositive
motions as to those claims thereafter. Moreover, as no trial in this matter has been set, the requested
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Case 2:18-cv-00761-RFB-GWF Document 38 Filed 02/05/19 Page 3 of 4

extension does not require a change to any trial date. Finally, as the Parties jointly request the
extensions, no party to this lawsuit will be prejudiced.

IT IS SO AGREED AND STIPULATED
Dated this 4th day of February, 2019

Dated this 4th day of February, 2019

Lapidus & Lapidus, PLC

REED SMITH LLP

By: /s/ Daniel C. Lapidus
JIM D. BAUCH
DANIEL C. LAPIDUS
RYAN D. LAPIDUS
Lapidus & Lapidus, PLC
177 South Beverly Drive
Beverly Hills, California 90212

By: /s/ Karen E. Vaysman
KEVIN D. TESSIER
KAREN E. VAYSMAN
10 South Wacker Drive
Chicago, Illinois 60606
In Association With:
JAMES J. PISANELLI, ESQ.
DEBRA L. SPINELLI, ESQ.
PISANELLI BICE PLLC
400 South 7th Street, Suite 300
Las Vegas, Nevada 89101

In Association With:
JOSHUA M. DICKEY
BAILEYKENNEDY
8984 Spanish Ridge Avenue
Las Vegas, Nevada 89148-1302

Attorneys for Rocky Mountain Hospital and
Medical Service, Inc. d/b/a Anthem Blue
Cross and Blue Shield and HMO Colorado
Inc. d/b/a HMO Nevada

Attorney for Sunrise Hospital and Medical
Center, LLC

IT IS SO ORDERED:

__________________________________
UNITED STATES MAGISTRATE JUDGE
United States Judge

February 11, 2019
DATED: ____________________________

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