United States of America ex rel Tali Arik, M.D. v. Universal Health Services, Inc

Filing 48

ORDER Granting 47 Stipulation for Extension of Time re 22 , 42 Motions (First Request). See Order for deadlines. Signed by Judge Jennifer A. Dorsey on 7/7/2020. (Copies have been distributed pursuant to the NEF - MR)

Case 2:19-cv-01560-JAD-VCF Document 48 Filed 07/07/20 Page 1 of 3

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ATTORNEYS AT LAW
LOS ANGELES

MCDERMOTT WILL & EMERY LLP

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THOMAS A. RYAN (admitted pro hac vice)
GREGORY R. JONES (admitted pro hac vice)
McDERMOTT WILL & EMERY LLP
2049 Century Park East, Suite 3200
Los Angeles, CA 90067-3206
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
JOHN H. COTTON (Nevada Bar No. 005268)
KATHERINE L. TURPEN (Nevada Bar No. 008911)
JOHN H. COTTON & ASSOCIATES, LTD.
7900 W. Sahara Ave., Suite 200
Las Vegas, Nevada 89117
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
Attorneys for Defendant
DVH HOSPITAL ALLIANCE, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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UNITED STATES OF AMERICA ex rel.
TALI ARIK, M.D.

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2:19-CV-01560-JAD-VCF

STIPULATION AND PROPOSED
ORDER TO EXTEND TIME FOR
BRIEFING RELATED TO
DEFENDANT’S MOTION TO DISMISS
AND RELATOR’S COUNTERMOTION
FOR LEAVE TO FILE A SECOND
AMENDED COMPLAINT

Plaintiff/Relator,

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Case No.:

v.
DVH HOSPITAL ALLIANCE, LLC,
Defendant.

(First Request)

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DM_US 170099380-1.009773.0319

Case 2:19-cv-01560-JAD-VCF Document 48 Filed 07/07/20 Page 2 of 3

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On March 16, 2020, defendant DVH Hospital Alliance, LLC (“Desert View”) filed its

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motion to dismiss the first amended complaint. ECF No. 22. Pursuant to a stipulated order,

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Desert View’s reply brief is due three weeks after relator Dr. Tali Arik (“Dr. Arik”) filed his

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opposition to the motion to dismiss. ECF No. 29. Dr. Arik later moved for, and was granted,

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an extension of time to file his opposition to the motion to dismiss until June 30, 2020.

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ECF No. 40. Dr. Arik filed his opposition on June 30, 2020. ECF No. 41. Under the stipulated

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order, Desert View’s reply for the motion to dismiss is currently due on July 21, 2020. See

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ECF No. 29.

countermotion for leave to file a second amended complaint on June 30, 2020. ECF No. 42.

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ATTORNEYS AT LAW
LOS ANGELES

Concurrently with his opposition to the motion to dismiss, Dr. Arik filed a

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MCDERMOTT WILL & EMERY LLP

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The proposed second amended complaint, which was submitted as Exhibit 1 to Dr. Arik’s

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motion, contains a total of 437 allegations and seeks to add two new relators, four new

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defendants, and new claims.

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Desert View’s response to the motion for leave to file a second amended complaint is due on

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July 15, 2020, with Dr. Arik’s reply due on July 22, 2020.

See ECF No. 43.

Under Local Rule of Practice 7-2,

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Due to the size, scope, and complexity of the proposed second amended complaint and

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the potential impact on the pending motion to dismiss, Desert View needs additional time to

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file its reply brief for the motion to dismiss and its response to the countermotion for leave to

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file a second amended complaint. Accordingly, the parties stipulate to extend their respective

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deadlines for the remaining briefing related to both motions, as follows:

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1.

The deadline for Desert View’s reply in support of its motion to dismiss is

extended to July 31, 2020;
2.

The deadline for Desert View’s response to the countermotion for leave to file

a second amended complaint is extended to July 31, 2020; and
3.

The deadline for Dr. Arik’s reply in support of his countermotion for leave to

file a second amended complaint is extended to August 17, 2020.

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DM_US 170099380-1.009773.0319

Case 2:19-cv-01560-JAD-VCF Document 48 Filed 07/07/20 Page 3 of 3

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Dated: July 7, 2020

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By: /s/ Gregory R. Jones
GREGORY R. JONES
Attorneys for Defendant
DVH HOSPITAL ALLIANCE, LLC

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McDERMOTT WILL & EMERY LLP

Dated: July 7, 2020

JESSE SBAIH & ASSOCIATES, LTD.

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By: Jesse M. Sbaih
JESSE M. SBAIH
Attorneys for Relator
TALI ARIK, M.D.

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ATTORNEYS AT LAW
LOS ANGELES

MCDERMOTT WILL & EMERY LLP

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ORDER
IT IS SO ORDERED:

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UNITED STATES DISTRICT JUDGE
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Dated: July
Dated: July 7, 2020.
, 2020

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DM_US 170099380-1.009773.0319