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PRIME HEALTHCARE SERVICES-SHASTA, LLC v. BURWELL, 2:15-cv-00473-TLN-KJN. (2016)

Court: District Court, E.D. California Number: infdco20160115p15 Visitors: 9
Filed: Jan. 13, 2016
Latest Update: Jan. 13, 2016
Summary: STIPULATION AND ORDER TO EXTEND THE DEADLINE TO FILE A RESPONSIVE PLEADING [L.R. 144(A)] TROY L. NUNLEY , District Judge . Plaintiff Prime Healthcare Services — Shasta, LLC ("Plaintiff"), and Defendant Sylvia Burwell, Secretary of the Department of Health and Human Services ("Defendant"), by and through their attorneys, hereby stipulate and agree, subject to approval of the Court, as follows: WHEREAS, Plaintiff has filed a total of 9 cases challenging determinations by the Medicare Appeals
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STIPULATION AND ORDER TO EXTEND THE DEADLINE TO FILE A RESPONSIVE PLEADING [L.R. 144(A)]

Plaintiff Prime Healthcare Services — Shasta, LLC ("Plaintiff"), and Defendant Sylvia Burwell, Secretary of the Department of Health and Human Services ("Defendant"), by and through their attorneys, hereby stipulate and agree, subject to approval of the Court, as follows:

WHEREAS, Plaintiff has filed a total of 9 cases challenging determinations by the Medicare Appeals Council that Plaintiff lacked standing to appeal the denial of its claims for payment for emergency medical services provided to Medicare beneficiaries between November 2008 and February 2009, which cases are identified as follows:

(1) Prime Healthcare Services — Shasta, LLC v. Burwell, 2:14-cv-02791-TLN-KJN. (2) Prime Healthcare Services — Shasta, LLC v. Burwell, 2:15-cv-00154-TLN-KJN. (3) Prime Healthcare Services — Shasta, LLC v. Burwell, 2:15-cv-00324-TLN-KJN. (4) Prime Healthcare Services — Shasta, LLC v. Burwell, 2:15-cv-00400-TLN-KJN. (5) Prime Healthcare Services — Shasta, LLC v. Burwell, 2:15-cv-00450-TLN-KJN. (6) Prime Healthcare Services — Shasta, LLC v. Burwell, 2:15-cv-00473-TLN-KJN. (7) Prime Healthcare Services — Shasta, LLC v. Burwell, 2:15-cv-00474-TLN-KJN. (8) Prime Healthcare Services — Shasta, LLC v. Burwell, 2:15-cv-00709-TLN-KJN. (9) Prime Healthcare Services — Shasta, LLC v. Burwell, 2:15-cv-01120-TLN-KJN.

WHEREAS, counsel for Plaintiff with day to day management over the matters has experienced a recent medical emergency which has required that she be out of the office and, in light of the same, additional time is necessary for Plaintiff to adequately respond to the pending motion to dismiss currently scheduled for hearing on February 25, 2016;

WHEREAS, the parties have requested a previous postponement of the hearing date on Defendant's pending motion to dismiss, which request was granted on October 23, 2015;

In light of the foregoing, IT IS HEREBY STIPULATED AND AGREED that:

(a) The hearing on Defendant's pending motion to dismiss shall be heard on March 10, 2016, or as soon thereafter as the matter may be heard; (b) Plaintiff's opposition to the pending motion to dismiss, if any, shall be filed and served by no later than January 28, 2016; and, (c) Defendant's reply briefs, if any, shall be filed and served no later February 25, 2016.

ORDER

Pursuant to stipulation and good cause having been shown, IT IS HEREBY ORDERED that:

1. The hearing on Defendant's pending motion to dismiss shall be heard on March 10, 2016; 2. Plaintiff's opposition to the pending motions to dismiss, if any, shall be filed and served by no later than January 28, 2016; and, 3. Defendant's reply briefs, if any, shall be filed and served no later February 25, 2016.

IT IS SO ORDERED.

Source:  Leagle

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