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

Filing 46

ORDER granting 42 Stipulation to Stay Discovery. Status Report due by 3/29/2019. Signed by Magistrate Judge George Foley, Jr on 3/15/2019. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:18-cv-00761-RFB-GWF Document 44 Filed 03/14/19 Page 1 of 4

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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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

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SUNRISE HOSPITAL AND MEDICAL
15 CENTER, LLC
Plaintiff,

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vs.

Case No.: 2:18-cv-00761-RFB-GWF

STATUS REPORT AND STIPULATION
TO STAY DISCOVERY

18 ROCKY MOUNTAIN HOSPITAL AND
MEDICAL SERVICE, INC. d/b/a ANTHEM
19 BLUE CROSS AND BLUE SHIELD; HMO
COLORADO INC. d/b/a HMO NEVADA
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Defendants.
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Plaintiff Sunrise Hospital and Medical Center, LLC (“Plaintiff”) and Defendants Rocky

23 Mountain Hospital and Medical Service, Inc. d/b/a Anthem Blue Cross and Blue Shield and HMO
24 Colorado Inc. d/b/a HMO Nevada (“Defendants”, and collectively with Plaintiff, the “Parties”) submit
25 the following Status Report and Stipulation to Stay Discovery:
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Case 2:18-cv-00761-RFB-GWF Document 44 Filed 03/14/19 Page 2 of 4

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1.

On March 5, 2019, the Parties appeared before the Court on Anthem’s Motion to

2 Dismiss Plaintiff’s Complaint. The Court denied Anthem’s Motion to Dismiss and ordered Plaintiff
3 to file an Amended Complaint on or by March 15, 2019. (Dkt. 40.)
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2.

At the March 5, 2019 hearing, the Parties and the Court discussed a potential stay of

5 discovery in order to allow the Parties to pursue early resolution of this matter. The Parties agreed to
6 report to the Court on whether they have reached an agreement concerning alternative dispute
7 resolution.
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3.

Accordingly, the Parties report that they have agreed to pursue private mediation. As

9 the Parties are in the preliminary stages of selecting a mediator and a mediation date, the Parties

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10 presently request to stay discovery for fourteen (14) days up through and including March 29, 2019.
11 On or before March 29, 2019, the Parties will provide the Court with a status report concerning the
12 scheduling of the mediation and inform the Court of the Parties’ agreement as to an extension of the
13 stay of discovery pending mediation.
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4.

This is the Parties’ first request for a stay of discovery, and there is good cause for the

15 stay of discovery. A stay will allow the Parties to focus their efforts on early resolution in an efficient
16 manner and save the Parties’ time and expense of discovery. Moreover, as no trial in this matter has
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Case 2:18-cv-00761-RFB-GWF Document 44 Filed 03/14/19 Page 3 of 4

1 been set, the requested stay does not require a change to any trial date. The Parties jointly request the
2 stay. Neither Party to this lawsuit will be prejudiced by the stay.
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IT IS SO AGREED AND STIPULATED:

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Dated this 14th day of March, 2019

Dated this 14th day of March, 2019

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Lapidus & Lapidus, PLC

REED SMITH LLP

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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

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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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 STATE DISTRICT JUDGE
UNITED STATES MAGISTRATE JUDGE
DATED:

March 15, 2019

CASE NO.: 2:18-cv-00761-RFB-GWF

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