United States of America ex rel. NPT Associates v. Laboratory Corporation of America Holdings et al

Filing 158

ORDER granting in part and denying in part 157 Letter Motion for Extension of Time to File: Due to the impending 11/10/2021 deadline, as a courtesy, Defendant's Letter Motion (ECF No. 157) is GRANTED IN PART and DENIED IN PART. Defendant' ;s deadline for responding to the FAC hereby is extended to 11/24/2021. No later than 11/12/2021, Plaintiff shall show cause why Defendant's time to respond to the FAC should not be extended until 12/12/2021 (i.e., the date requested by Defendant in its letter motion. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 11/9/2021) (Aaron, Stewart)

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November 8, 2021
VIA CM/ECF
Judge Stewart D. Aaron
U.S. District Court, Southern District of New York
Daniel Patrick Moynihan Courthouse
500 Pearl Street, Room 1970
New York, NY 10007
Re:

11/9/2021

U.S. ex rel. NPT Associates v. Laboratory Corporation
of America Holdings (No. 07-cv-5696-ALC-SDA)

Dear Judge Aaron:
On behalf of Defendant Laboratory Corporation of America Holdings (“LabCorp”), I
write to request a thirty-day extension of LabCorp’s deadline for responding to the Fourth
Amended Complaint (the “FAC”) in the above-captioned action. In this qui tam suit, Relator
NPT Associates alleges multiple theories through which LabCorp purportedly violated the
federal False Claims Act and fifteen state-law analogs.
Relator filed the FAC under seal in January 2016, after Judge Carter granted LabCorp’s
September 2013 motion to dismiss the Third Amended Complaint. See Dkt. 103, 104. The FAC
then remained under seal for nearly six years until it was unsealed, as directed by Judge Carter,
on October 27, 2021. See Dkt. 156. Under Rule 15, LabCorp’s deadline for responding to the
FAC is currently November 10, 2021. LabCorp’s proposed extension will move the deadline to
December 10, 2021.
This is LabCorp’s first request to extend this deadline. LabCorp’s proposed extension—
which LabCorp requests in light of the complexity of the issues presented, counsel’s deadlines in
other matters, and the long dormancy of this matter—will not affect any other scheduled dates.
Counsel for LabCorp emailed Relator’s counsel on November 3, 2021, and again on November
5, 2021, asking for consent to this proposed extension, but has not yet received a response.

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Judge Stewart D. Aaron
November 8, 2021
Page 2
Very truly yours,
/s/ Rajeev Muttreja
Rajeev Muttreja
cc:

All counsel of record

Due to the impending 11/10/2021 deadline, as a courtesy, Defendant's Letter Motion (ECF No. 157) is
GRANTED IN PART and DENIED IN PART. Defendant's deadline for responding to the FAC hereby is
extended to 11/24/2021. No later than 11/12/2021, Plaintiff shall show cause why Defendant's time to
respond to the FAC should not be extended until 12/12/2021 (i.e., the date requested by Defendant in its
letter motion. SO ORDERED.
Dated: 11/9/2021