Prime Healthcare Services - Reno, LLC v. Hometown Health Providers Insurance Company, Inc. et al

Filing 103

SCHEDULING ORDER ADOPTING ECF No. 102 Phase Discovery Plan and Scheduling Order. (See pdf order for specifics.) Signed by Magistrate Judge Carla Baldwin on 11/17/2022. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 5 6 William E. Peterson, Bar No. 1528 Janine C. Prupas, Bar No. 9156 SNELL & WILMER L.L.P. 50 West Liberty Street, Suite 510 Reno, Nevada 89501 Telephone: (775) 785-5440 FAX: (775) 785-5441 wpeterson@swlaw.com jprupas@swlaw.com 11 Jennifer R. Ecklund admitted pro hac vice Mackenzie S. Wallace admitted pro hac vice John P. Atkins admitted pro hac vice THOMPSON COBURN LLP 2100 Ross Ave., Suite 600 Dallas, TX 75201 Telephone: (972) 629-7100 FAX: (972) 629-7171 jecklund@thompsoncoburn.com mwallace@thompsoncoburn.com jatkins@thompsoncoburn.om 12 Attorneys for Plaintiff 7 8 9 10 13 14 UNITED STATES DISTRICT COURT 15 DISTRICT OF NEVADA 16 17 PRIME HEALTHCARE SERVICES – RENO, LLC D/B/A SAINT MARY’S REGIONAL MEDICAL CENTER, 19 20 21 Case No. 3:21-cv-00226-MMD-CLB PLAINTIFF, 18 ORDER ADOPTING VS. JOINT PROPOSED PHASE DISCOVERY PLAN HOMETOWN HEALTH PROVIDERS INSURANCE COMPANY, INC., AND HOMETOWN HEALTH PLAN, INC. 22 SPECIAL SCHEDULING REVIEW REQUESTED DEFENDANTS. 23 24 The Parties, by and through their counsel of record, hereby submit the following Joint 25 Proposed Phase Discovery Plan pursuant to LR 26-1. Special scheduling review is requested given 26 the Court’s direction at the October 17, 2022 Case Management Conference that discovery should 27 proceed in staggered phases. [Dkt. No. 101.] 28 1 4855-7721-8111 1 PRELIMINARY STATEMENT 2 Pursuant to the Court’s October 17, 2022 Case Management Conference, the parties have 3 met and conferred and have agreed upon this Joint Proposed Phase Discovery Plan. Pursuant to 4 the Minutes of Proceedings [Dkt. No. 101], the first phase of discovery includes claim 5 specific discovery for 250 claim files and non-claim specific discovery. Saint Mary’s 6 produced a set of Assignments of Benefits on November 7, 2022 and on November 10, 2022, 7 which Hometown Health is in the process of reviewing. Further, the parties incorporate a date by 8 which a settlement conference or mediation will occur per the Court’s Order at the end of the first 9 phase of discovery. At this time, the parties envision submitting a revised discovery plan for Phase 10 Two after mediation and after a further meet-and-confer. The parties also request that other 11 deadlines included in the Stipulated Discovery Plan and Scheduling Order [Dkt. No. 85] be 12 vacated until after a Phase Two plan is in place. 13 I. 14 PHASE ONE A. Selection of the 250 Claims for Phase One  15 16 The parties agree to a random sample of 250 claims with the sample designed to reflect a proportional number of Inpatient and Outpatient claim files.  17 The sample shall be selected by a neutral party if the parties can agree, or if the 18 parties cannot agree, the parties will work together to randomize the sample and 19 select the sample.  20 21 The parties agree to select and confirm the 250-claim sample by November 25, 2022. 22 B. Phase One Discovery Scope and Timing  23 24 Phase One discovery shall be limited to written discovery issued pursuant to Fed. R. Civ. P. 33, 34, and 36 as well as fact depositions pursuant to Fed. R. Civ. P. 30.  25 The parties agree to proceed with Claim-Specific discovery1 as to only the 250 26 1 27 28 Claim-Specific discovery is defined as that material, otherwise discoverable under the standards of Fed. R. Civ. P. 26, that relate to the specific claim files for the 250 Claims. Non-exhaustive examples of claim-specific discovery would include: (1) Patient claim files for the 250 Claims, including but not limited to medical records, case management notes, conditions of admission paperwork, claim forms, billing history, claims processing notes, explanations of benefits, appeals records and/or notes, provider and payer adjudication of claims notes, and 2 4855-7721-8111 1 Claims selected above during Phase One.  2 3 The parties also agree to proceed with Non-Claim Specific discovery2 in Phase One.  4 5 Deadlines: 1. Saint Mary’s Production of Assignments of Benefits 6 November 10, 2022 (Saint Mary’s reserves the right to supplement if it 7 discovers additional documents and Hometown Health reserves the right to 8 seek supplementation of this production if necessary) 9 2. Parties’ Production of 250 Claim Files 10 February 23, 2023 (both Parties reserve the right to supplement) 11 3. Parties’ Responses to Written Discovery 12 Saint Mary’s will supplement its responses to Hometown Health’s First Set of 13 Interrogatories and First Set of Requests for Production of Documents dated 14 July 28, 2022, and Hometown Health will respond to Saint Mary’s First Set of 15 Requests for Production of Documents and First Set of Interrogatories dated 16 September 30, 2022 by February 23, 2023. The Parties have also agreed to 17 extend the time to respond to additional, future Phase One discovery requests 18 to February 23, 2023 if the responding party so wishes. 19 4. Case Management Conferences 20 Pursuant to the Court’s direction at the June 15, 2022 Case Management 21 Conference, Case Management Conferences will continue to take place every 22 60 days and are currently scheduled as follows: - January 16, 2023 - March 14, 2023 - May 22, 2023 23 24 25 26 27 28 correspondence regarding the Claims, including between Saint Mary’s and Hometown Health, and (2) Benefit plans for the 250 Claims. 2 Non-Claim Specific discovery is defined as that material, otherwise discoverable under the standards of Fed. R. Civ. P. 26, that does not relate to the specific claim files of the 690 claims. Non-exhaustive examples of non-claim specific discovery would include: (1) agreements between the parties, including Letters of Agreement between Saint Mary’s and Hometown Health, (2) policies, practices, and procedures for Saint Mary’s and Hometown Health, and (3) Claims spreadsheets containing claim-level detail for all individual patient claims at issue in this litigation. 3 4855-7721-8111 1 C. Mediation 2  Mediation shall occur by July 17, 2023. 3  The parties do not yet have a preference on the mediator. 4 5 6 7 8 II. PHASE TWO DISCOVERY Phase One shall conclude after the mediation scheduled above or by July 17, 2023, whichever is later. Phase Two Discovery shall include all aspects of discovery under the Federal Rules that were not specifically provided for in Phase One. The Parties will meet and confer to 9 propose a revised discovery plan and deadlines for Phase Two, which will then be submitted to 10 the Court for approval. Per the Court’s direction that the Court will set a new discovery plan and 11 scheduling order if at the end of Phase One there is no settlement or resolution, the parties defer 12 the submission of a scheduling order on Phase Two until after mediation. 13 14 15 Dated: November 17, 2022. By: /s/ Janine C. Prupas By: /s/ Adam Hosmer-Henner William E. Peterson, Bar No. 1528 Janine C. Prupas, Bar No. 9156 50 West Liberty Street, Suite 510 Reno, Nevada 89501 Adam Hosmer-Henner, Bar No. 1227 100 West Liberty Street, Tenth Floor Reno, Nevada 89501 SNELL & WILMER L.L.P. McDONALD CARANO LLP Attorneys for Defendants 23 Jennifer R. Ecklund, pro hac vice Mackenzie S. Wallace, pro hac vice John P. Atkins, pro hac vice 2100 Ross Ave., Suite 600 Dallas, TX 75201 Telephone: (972) 629-7100 FAX: (972) 629-7171 jecklund@thompsoncoburn.com mwallace@thompsoncoburn.com jatkins@thompsoncoburn.com 24 THOMPSON COBURN LLP 25 Attorneys for Plaintiff 16 17 18 19 20 21 22 26 IT IS SO ORDERED. DATED: November 17, 2022 ________________________________ UNITED STATES MAGISTRATE JUDGE 27 28 4 4855-7721-8111

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