Filing 214

ORDER that Cecilia Guardiola's motion for leave to file a third amended complaint ECF No. 191 is GRANTED; Clerk directed to file third amended complaint attached to ECF No. 191 as Ex. A and change parties; USA may file a dispositive m otion within 21 days of the filing of the third amended complaint; this matter REFERRED to Magistrate Judge Cooke for scheduling conference; the caption to read: Cecilia Guardiola, Plaintiff v. United States of America, Defendant. Signed by Judge Larry R. Hicks on 11/14/2017. (Copies have been distributed pursuant to the NEF - KW)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 CECILIA GUARDIOLA, Plaintiff, 10 11 *** Case No. 3:12-cv-00295-LRH-VPC v. ORDER UNITED STATES OF AMERICA, 12 Defendant. 13 14 Plaintiff Cecilia Guardiola sued Renown Health, Renown Regional Medical Center, and 15 Renown South Meadows Medical center in a qui tam suit under the False Claims Act on behalf 16 of the United States of America. ECF Nos. 1, 17, 107. Guardiola and the United States (a 17 nonparty) settled the underlying claims with the Renown defendants. ECF No. 183, Ex. 1. The 18 settlement agreement reserved Guardiola’s right to seek a share of any recovery made by the 19 United States from the Renown defendants, including any recovery received from an “alternate 20 remedy”—a remedy process other than this civil suit. Id. The parties then stipulated to the 21 dismissal of the Renown defendants, which the court approved.1 See ECF No. 182, 183, 190. 22 Guardiola moved for a share of the recovery received from an alternate remedy by the 23 United States. ECF No. 179. However, the court denied the motion for lack of jurisdiction over 24 the United States. ECF No. 190. Guardiola then moved for leave to file a third amended 25 complaint. ECF No. 191. The court denied the motion as futile based on the United States’ 26 argument for sovereign immunity. ECF No. 197. The United States has since changed its 27 28 The court approved of the parties’ stipulation in ECF No. 190. See ECF No. 190. The court then granted Guardiola relief from ECF No. 190. ECF No. 208. To the extent that the order contained in ECF No. 208 unwound the court’s approval of the stipulation, the court now clarifies that the stipulation and the court’s approval remains valid. 1 1 1 position, resulting in the court vacating the order that denied Guardiola’s motion for leave to file 2 a third amended complaint. See ECF No. 208. Given the government’s change in its position, the 3 court now grants Guardiola’s motion for leave to file a third amended complaint. 4 IT IS THEREFORE ORDERED that Cecilia Guardiola’s motion for leave to file a third 5 amended complaint (ECF No. 191) is GRANTED. The court orders the clerk of the court to file 6 the third amended complaint at ECF No. 191, Exhibit A, and to make the following changes to 7 the parties: list Cecilia Guardiola as the sole plaintiff and list the United States of America as the 8 sole defendant. The United States of America may file a dispositive motion under Federal Rule 9 of Civil Procedure 12(b)(6) within twenty-one days of the filing of the third amended complaint. 10 IT IS FURTHER ORDERED that this matter is REFERRED to Magistrate Judge Cooke 11 12 13 for the purpose of a scheduling conference. IT IS FURTHER ORDERED that the caption in this matter shall now read: Cecilia Guardiola, plaintiff, v. United States of America, defendant. 14 15 IT IS SO ORDERED. 16 DATED this 14th day of November, 2017. 17 18 LARRY R. HICKS UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 2

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