JOINT STIPULATION AND ORDER TO SUBSTITUTE AND CORRECT DEFENDANT CORPORATE ENTITY

CAM FERENBACH, Magistrate Judge.

Plaintiff/Relator TALI ARIK, MD, by and through his counsel of record, Jesse Sbaih, Esq., of the law firm of Jesse Sbaih & Associates, Defendant DVH HOSPITAL ALLIANCE, LLC, dba DESERT VIEW HOSPITAL, by and through its counsel of record, John H. Cotton, Esq., and Katherine Turpen, Esq., of the law firm of John H. Cotton & Associates, Ltd., hereby stipulate and agree as follows:

WHEREAS, on September 6, 2019, relator Tali Arik, M.D. ("Relator") filed the Complaint in this action under seal against defendant Universal Health Services, Inc. ("UHS") under the federal False Claims Act (ECF1).

WHEREAS, on October 16, 2019, the United States of America filed a notice of declination of intervention in the action.

WHEREAS, on December 4, 2019, the Court ordered the action to be unsealed.

WHEREAS, on January 16, 2020, the Court entered an order granting the parties' joint stipulation extending the time for UHS to respond to the Complaint until February 18, 2020.

WHEREAS, the Complaint currently alleges that UHS "owns, operates, and does business as Desert View Hospital," which is located in Pahrump, Nevada, and that UHS submitted false claims to the Federal Government related to services provided to patients at Desert View Hospital. By way of example, Relator identified 43 patients in the Complaint (ECF1).

WHEREAS, UHS does not directly own, operate, or do business as Desert View Hospital; and instead, DVH Hospital Alliance, LLC ("DVH") is the corporate entity that owns, operates, and does business as Desert View Hospital.

WHEREAS, Relator has agreed to file a First Amended Complaint within 14 days after entry of an Order approving this stipulation that substitutes DVH for UHS as the defendant in this action and out of an abundance of caution, redacts or de-identifies the initials, dates of birth, and dates of service of any patients. The parties agree that the original Complaint (ECF1) shall be placed under seal by the Court.

WHEREAS, the First Amended Complaint shall be deemed served on DVH on the date it is filed; and

WHEREAS, the parties have agreed that DVH's response to the First Amended Complaint shall be due 30 days after the First Amended Complaint is filed and that Relator's responsive pleading, if any, shall be 30 days after DVH's response.

IT IS HEREBY STIPULATED AND AGREED, jointly by all parties, by and through their respective counsel of record, that: (1) Relator shall file a First Amended Complaint within 14 days after approval of this stipulation that substitutes DVH for UHS as the defendant in this action and redacts or de-identifies the initials, dates of birth, and dates of service of any patients; (2) the First Amended Complaint shall be deemed served on DVH on the date it is filed; (3) DVH's response to the First Amended Complaint shall be due 30 days after the First Amended Complaint is filed; (5) Relator's responsive pleading, if any, shall be 30 days after DVH's response; and (6) the original Complaint (ECF1) shall be placed under seal by the Clerk of the Court.

IT IS SO STIPULATED

ORDER

Pursuant to the Stipulation of the parties, and good cause appearing, the above referenced matter is hereby Ordered that (1) Relator shall file a First Amended Complaint within 14 days after approval of this Stipulation that substitutes DVH for UHS as the defendant in this action and redacts or de-identifies the initials, dates of birth, and dates of service of any patients; (2) the First Amended Complaint shall be deemed served on DVH on the date it is filed; (3) DVH's response to the First Amended Complaint shall be due 30 days after the First Amended Complaint is filed; (5) Relator's responsive pleading, if any, shall be 30 days after DVH's response; and (6) the original Complaint (ECF1) shall be placed under seal by the Clerk of the Court.

IT IS SO ORDERED.