ABC v. DEF

Filing 38

ORDER: granting 37 Letter Motion for Extension of Time to File. The request for extension is granted. The Government's deadline to file its statement of interest is extended until March 1, 2021. Defendant's deadline to respond is extended until March 22, 2021. So Ordered. (Signed by Judge Victor Marrero on 2/16/2021) (js)

Case 1:19-cv-02501-VM Document 37 Filed 02/15/21 Page 1 of 2
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U.S. Department of Justice
United States Attorney
Southern District of New York
86 Chambers Street, 3rd floor
New York, New York 10007

2/16/2021

February 15, 2021
BY ECF
Hon. Victor Marrero
United States District Judge
Daniel P. Moynihan U.S Courthouse
500 Pearl Street
New York, New York 10007
Re: U.S. ex rel. SW Challenger v. eviCore Healthcare, 19 Civ. 2501 (VM)
Dear Judge Marrero:
This Office represents the United States (the “Government”) as the real party in
interest in the above-referenced case filed pursuant to the qui tam provisions of the False
Claims Act (“FCA”), 31 U.S.C. § 3730. 1 I write respectfully to request a one-week
extension of the briefing schedule in connection with the defendant’s pending motion to
dismiss. The relators and the defendant, through their respective counsel, consent to this
request.
By way of background, on February 4, 2021, the Government filed a lettermotion to request an adjustment to the briefing schedule for the motion to dismiss that
would accommodate the filing of a statement of interest by the Government pursuant to 28
U.S.C. § 517 (“SOI”). See Dkt. No. 33. On February 5, the Court granted that request and
set February 22 as the due date for the Government to file an SOI and March 15 as the date
by when defendant is to file its reply. See Dkt. No. 34.
Due to an illness last week, I have not made as much progress on the SOI as I
had hoped. Accordingly, I respectfully request a one-week extension of the due date for
the Government’s SOI, i.e., from February 22 to March 1, 2021. Further, if the Court
should grant this request, I also request — on behalf of the defendant and with the relators’
consent — that the Court extend the due date for the defendant’s reply by one week from
March 15 to March 22, 2021.

As the Court is aware, the Government declined intervention in this qui tam case, and this
case was unsealed in June 2020. See Dkt. No. 6.
1

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I thank the Court for its consideration of this extension request.
Respectfully,
AUDREY STRAUSS
United States Attorney
Southern District of New York
By: ______/s/ Li Yu_____________
Li Yu
Assistant United States Attorney
86 Chambers Street
New York, New York 10007
Tel.: [phone]
Email: [e-mail]
cc:

(by ECF)
All Counsel of Record
The request for extension is granted. The
Government's deadline to file its statement of
interest is extended until March 1, 2021. Defendant's
deadline to respond is extended until March 22, 2021.

2/16/2021