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

Filing 57

ORDER Granting 56 Motion to Extend Time re 53 Second Amended Complaint (First Request). DVH Hospital Alliance, LLC answer due 12/15/2020. Signed by Magistrate Judge Cam Ferenbach on 11/20/2020. (Copies have been distributed pursuant to the NEF - MR)

Case 2:19-cv-01560-JAD-VCF Document 57 Filed 11/20/20 Page 1 of 4

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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 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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Plaintiff/Relator,
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v.

Case No.:

2:19-CV-01560-JAD-VCF

DEFENDANT DVH HOSPITAL
ALLIANCE’S MOTION TO EXTEND
TIME TO RESPOND TO SECOND
AMENDED COMPLAINT

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DVH HOSPITAL ALLIANCE, LLC, d/b/a
DESERT VIEW HOSPITAL; VALLEY
HEALTH SYSTEM LLC, d/b/a THE VALLEY
HEALTH SYSTEM; UNIVERSAL HEALTH
SERVICES, INC.; VISTA HEALTH MIRZA,
M.D. P.C. d/b/a VISTA HEALTH; and IRFAN
MIRZA, M.D.,
Defendants.

(FIRST MOTION)

Case 2:19-cv-01560-JAD-VCF Document 57 Filed 11/20/20 Page 2 of 4

MOTION

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Pursuant to Local Rule IA 6-1, defendant DVH Hospital Alliance, LLC, doing business

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as Desert View Hospital (“Desert View”), hereby moves this Court for an order extending the

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time for Desert View to respond to the second amended complaint filed by relator Tali Arik,

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M.D. (“Dr. Arik”) by 21 days from November 24, 2020 to December 15, 2020.
MEMORANDUM OF POINTS AND AUTHORITIES

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amended complaint against Desert View and granting Dr. Arik leave to amend to file a second

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amended complaint to address the pleading issues related to his single claim under the False

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Claims Act (the “FCA”). ECF No. 52. Dr. Arik filed his second amended complaint on

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ATTORNEYS AT LAW
LOS ANGELES

On October 21, 2020, the Court issued an order (the “Order”) dismissing the first

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MCDERMOTT WILL & EMERY LLP

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November 10, 2020. ECF No. 53. Rather than just address the pleading issues identified in

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the Order, Dr. Arik’s second amended complaint adds four new defendants, two new claims

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under the FCA, several new fraud theories, and more than 100 new allegations, thereby

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increasing the complexity of this action in several respects.

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Give the addition of the new defendants, Desert View proposed a uniform response

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date to the second amended complaint for all of the defendants, once they have been served.

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Dr. Arik rejected this proposal. Desert View then requested a 21-day extension for its own

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response deadline because lead counsel for Desert View (Gregory Jones) is presently in an

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arbitration hearing that will last through November 25, 2020, which encompasses

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Desert View’s current response deadline. Dr. Arik rejected this proposal as well, offering a 7-

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day extension.

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Desert View sufficient time to prepare its response.

Given the Thanksgiving holiday, those extra seven days do not give

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For these reasons, good cause exists to grant Desert View a 21-day extension to

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respond to the second amended complaint until December 15, 2020. Dr. Arik will not suffer

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any prejudice to this extension because the new defendants’ answer to the second amended

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complaint will not be due before Desert View’s requested deadline. Therefore, Desert View

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respectfully requests that the Court issue an order granting this first requested extension.

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Case 2:19-cv-01560-JAD-VCF Document 57 Filed 11/20/20 Page 3 of 4

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Dated: November 17, 2020

McDERMOTT WILL & EMERY LLP

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

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IT IS SO ORDERED.

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ATTORNEYS AT LAW
LOS ANGELES

MCDERMOTT WILL & EMERY LLP

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___________________________________
Cam Ferenbach
United States Magistrate Judge
11-20-2020
Dated:_____________________________

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Case 2:19-cv-01560-JAD-VCF Document 57 Filed 11/20/20 Page 4 of 4

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CERTIFICATE OF SERVICE
Pursuant to Federal Rule of Civil Procedure 5(b), I hereby certify that on November 17,

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2020, I caused the foregoing to be served through the Court’s CM/ECF system addressed to:

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Jesse M. Sbaih
Ines Olevic-Saleh
Jesse Sbaih & Associates, Ltd.
The District at Green Valley Ranch
170 South Green Valley Parkway, Suite 280
Henderson, NV 89012
[phone]
[e-mail]
Attorneys for Relator

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ATTORNEYS AT LAW
LOS ANGELES

MCDERMOTT WILL & EMERY LLP

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Roger W. Wenthe
Lindsay A. Ager
Assistant United States Attorneys
501 Las Vegas Boulevard South, Suite 1100
Las Vegas, NV 89101
[phone]
[e-mail]
[e-mail]
Attorneys for United States

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/s/ Gregory R. Jones
GREGORY R. JONES

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