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Abdou v. Davita, Inc.

United States District Court, D. Nevada

March 21, 2018

SHERIF W. ABDOU, M.D. and AMIR S. BACCHUS, M.D., Plaintiffs,
v.
DAVITA INC., HEALTHCARE PARTNERS HOLDINGS, LLC, and HEALTHCARE PARTNERS, LLC, Defendants. AND RELATED CLAIMS.

          SNELL & WILMER L.L.P. PATRICK G. BYRNE, ESQ. CHARLES E. GIANELLONI, ESQ. ATTORNEYS FOR PLAINTIFFS SHERIF W. ABDOU, M.D. AND AMIR S. BACCHUS, M.D.

          BAILEYKENNEDY JOHN R. BAILEY JOSHUA M. DICKEY KELLY B. STOUT PAUL C.WILLIAMS ATTORNEYS FOR DEFENDANTS/COUNTERCLAIMANTS DAVITA INC.; DAVITA MEDICAL HOLDINGS, LLC (F/K/A HEALTHCARE PARTNERS HOLDINGS, LLC); AND DAVITA MEDICAL MANAGEMENT, LLC (F/K/A HEALTHCARE PARTNERS, LLC)

          STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES

         Plaintiffs/Counterdefendants Sherif W. Abdou, M.D. and Amir S. Bacchus, M.D. (“Abdou/Bacchus”) and Defendants/Counterclaimants DaVita Inc. (“DaVita”), DaVita Medical Holdings, LLC, f/k/a HealthCare Partners Holdings, LLC (“HCP Holdings”), and DaVita Medical Management, LLC, f/k/a HealthCare Partners, LLC (“HCP”) (collectively, the “DaVita Parties”) (collectively, the “Parties”), by and through their respective attorneys of record, stipulate and agree that the discovery deadlines be continued in this matter by an additional one hundred eighty (180) days beyond the dates set forth in the October 13, 2017 Order Extending Discovery (ECF No. 60)[1].

         Pursuant to Fed.R.Civ.P. 16(b) and LR 26-4, the parties state the following:

         LR 26-4(a) - Discovery Completed to Date

          1. On June 19, 2017, the DaVita Parties served the following written discovery:

a. Defendants/Counterclaimants' First Set of Requests for Production of Documents to Plaintiff Sherif W. Abdou, M.D. (the “Abdou Requests for Production”); and
b. Defendants/Counterclaimants' First Set of Requests for Production of Documents to Plaintiff Amir S. Bacchus, M.D. (the “Bacchus Requests for Production”) (jointly, the “DaVita Parties' Requests for Production”).

         2. On July 24, 2017, Abdou/Bacchus served their respective responses to the DaVita Parties' Requests for Production.

         3. In their responses, Abdou/Bacchus objected to the DaVita Parties' Requests for Production and did not produce any documents.

         4. On August 2, 2017, former counsel for Abdou/Bacchus and counsel for the DaVita Parties held a telephonic meet-and-confer regarding Abdou/Bacchus's responses to the DaVita Parties' Requests for Production, but were unable to resolve the issues.

         5. On August 31, 2017, the DaVita Parties filed their Motion to Compel Production of Documents (ECF No. 49) (the “Motion to Compel”), seeking to compel documents responsive to the DaVita Parties' Requests for Production.

         6. Subsequently, Abdou/Bacchus agreed to produce documents responsive to the DaVita Parties' Requests for Production.

         7. Based on Abdou/Bacchus's agreement to produce documents, the Parties agreed and the Court ordered to extend Abdou/Bacchus's deadline to respond to the Motion to Compel. (ECF No. 55.)

         8. On September 13, 2017 Abdou/Bacchus served the following written discovery:

a. Plaintiffs/Counterdefendants' First Set of Requests for Production of Documents to Defendant/Counterclaimant DaVita Inc.;
b. Plaintiffs/Counterdefendants' First Set of Requests for Production of Documents to Defendant/Counterclaimant HealthCare Partners Holdings, LLC; and
c. Plaintiffs/Counterdefendants' First Set of Requests for Production of Documents to Defendant/Counterclaimant HealthCare Partners, LLC.

         9. On October 5, 2017, Abdou/Bacchus served the following written discovery:

a. Plaintiffs/Counterdefendants' Second Set of Requests for Production of Documents to Defendant/Counterclaimant DaVita Inc.;
b. Plaintiffs/Counterdefendants' Second Set of Requests for Production of Documents to Defendant/Counterclaimant HealthCare Partners Holdings, LLC; and
c. Plaintiffs/Counterdefendants' Second Set of Requests for Production of Documents to Defendant/Counterclaimant HealthCare Partners, LLC.

         10. On October 16, 2017, Abdou/Bacchus served their supplemental responses to the DaVita Parties' Requests for Production.

         11. On December 22, 2017, the DaVita Parties served their responses to the Plaintiffs/Counterdefendants' First and Second Sets of Requests for Production of Documents.

         12. On January 29, 2018, Plaintiffs/Counterdefendants' served the following written discovery:

a. Plaintiffs/Counterdefendants' Third Set of Requests for Production of Documents to Defendant/Counterclaimant DaVita Inc.;
b. Plaintiff/Counterdefendant Sherif W. Abdou, M.D.'s First Set of Requests for Admission to Defendants/Counterclaimants; and
c. Plaintiff/Counterdefendant Sherif W. Abdou, M.D.'s First Set of Interrogatories to Defendants/Counterclaimants.

         13. The DaVita Parties have issued the following subpoenas:

a. Rule 30(b)(6) Representative(s) of Chicago Pacific Founders Capital Management, ...

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