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Prime Healthcare Services-Shasta, LLC v. Burwell, 2:14-cv-02791-TLN-KJN. (2016)

Court: District Court, E.D. California Number: infdco20160225956 Visitors: 6
Filed: Feb. 23, 2016
Latest Update: Feb. 23, 2016
Summary: STIPULATION AND ORDER TO CONTINUE HEARING DATE [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 Council that Plaintiff lack
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STIPULATION AND ORDER TO CONTINUE HEARING DATE [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 is presently involved in a matter before

Superior Court in Kern County necessitating the deposition of an individual residing in Saudi Arabia. The case involves multiple parties and the deponent has limited availability to fly to the United States. The deponent is only available on March 10, 2016. Counsel for Plaintiff has attempted to internally resolve the conflict, but due to the deponent's travel considerations, has been unable to find an alternative date. Counsel for Defendant has also recently taken a brief medical leave. In light of the above, the parties hereby stipulate, subject to the approval of the court, to continue the hearing date in the above-captioned matter.

WHEREAS, the parties have requested two previous postponements of the hearing date on Defendant's pending motion to dismiss, which requests were granted on October 23, 2015 and January 13, 2016;

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 April 7, 2016, or as soon thereafter as the matter may be heard; and, (b) Defendant's reply briefs, if any, shall be filed and served no later

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 April 7, 2016; and, 2. Defendant's reply briefs, if any, shall be filed and served no later March 24, 2016.

IT IS SO ORDERED.

Source:  Leagle

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