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

Filing 59

ORDER Granting 58 Stipulation to Extend Discovery Stay Re: 57 Order on Stipulation. Signed by Magistrate Judge George Foley, Jr on 6/19/2019. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:18-cv-00761-RFB-GWF Document 58 Filed 06/18/19 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.

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

STIPULATION AND ORDER TO EXTEND
DISCOVERY STAY
(Fourth Request)

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 Stipulation and Order to Extend Discovery Stay:
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Case 2:18-cv-00761-RFB-GWF Document 58 Filed 06/18/19 Page 2 of 4

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1.

On March 14, 2019, the Parties submitted a Status Report and Stipulation to Stay

2 Discovery in which they reported the Parties’ agreement to pursue private mediation and requested to
3 stay discovery for fourteen (14) days to allow for the selection of a mediator and mediation date.
4 (Dkt. 45.) The Court entered the Stipulation and Order on March 15, 2019. (Dkt. 46.)
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2.

On March 29, 2019, the Parties submitted a Status Report (Dkt. 48) and Stipulation

6 (Dkt. 50) in which they reported that the Parties’ efforts to select a mediator and mediation date are
7 ongoing and requested to extend the discovery stay for an additional fourteen (14) days. The Court
8 entered the Stipulation and Order on April 1, 2019. (Dkt. 51.)
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3.

On April 12, 2019, the Parties submitted a Status Report (Dkt. 52) and a Stipulation

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10 (Dkt. 53) in which they reported the Parties’ agreement as to a mediator and agreed to stay discovery
11 for an additional fourteen (14) days to allow the Parties more time to confirm a mediation date. The
12 Court entered the Stipulation and Order on April 15, 2019. (Dkt. 54.)
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4.

On April 24, 2019, the Parties confirmed that a mediation of this case was scheduled

14 for June 28, 2019 at 10:00 am. Accordingly, on April 26, 2019, the Parties submitted a Stipulation to
15 extend the stay of discovery pending mediation up through and including June 28, 2019. In the event
16 this matter was not resolved at mediation, the Parties also agreed to submit to the Court a proposed
17 amended scheduling order within fourteen (14) days of the unsuccessful mediation, on or by July 12,
18 2019. (Dkt. 55.) The Court entered the Stipulation on April 29, 2019. (Dkt. 57.)
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5.

A scheduling conflict has since arisen and required the Parties to reschedule the

20 mediation previously set for June 28, 2019. The Parties selected the first available date on which the
21 Parties and the mediator were available for mediation, and on June 13, 2019, the Parties confirmed
22 that a mediation of this case is reset for September 5, 2019 at 9:00 am. As such, the Parties stipulate
23 and agree to extend the stay of discovery pending the reset mediation up through and including
24 September 5, 2019.
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6.

If this matter is not resolved at mediation, the Parties further agree and stipulate that

26 they will submit to the Court a proposed amended scheduling order within fourteen (14) days
27 following the unsuccessful mediation, on or by September 19, 2019.
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7.

This is the Parties’ fourth request to extend the stay of discovery.
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Case 2:18-cv-00761-RFB-GWF Document 58 Filed 06/18/19 Page 3 of 4

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8.

There is good cause to extend the stay. An extension of the stay will allow the Parties

2 to focus their continuing efforts on early resolution in an efficient manner and save the Parties’ time
3 and expense of discovery. Moreover, as no trial in this matter has been set, the requested extension of
4 the stay does not require a change to any trial date. The Parties jointly request to extend the stay.
5 Neither Party to this lawsuit will be prejudiced by the extension of the stay.
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IT IS SO AGREED AND STIPULATED:

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Dated this 18th day of June, 2019

Dated this 18th day of June, 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

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

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IT IS SO ORDERED:
UNITED STATE DISTRICT JUDGE
UNITED STATES MAGISTRATE JUDGE
DATED: June 19, 2019
CASE NO.: 2:18-cv-00761-RFB-GWF

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Case 2:18-cv-00761-RFB-GWF Document 58 Filed 06/18/19 Page 4 of 4

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CERTIFICATE OF SERVICE

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I HEREBY CERTIFY that, on June 18, 2019, a true and correct copy of the foregoing has been

3 filed with the Court through the CM/ECF system, which will send notification of such filing to all
4 parties of record in the above-captioned matter.
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/s/ Karen E. Vaysman
Karen E. Vaysman

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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