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United States ex rel. Luke v. HealthSouth Corp.

United States District Court, D. Nevada

May 22, 2019

UNITED STATES OF AMERICA, ex rel., Joshua Luke, Plaintiff,
v.
HEALTHSOUTH CORPORATION, HEALTHSOUTH OF HENDERSON, INC. and KENNETH BOWMAN, Defendants.

          Philip Goodhart (Bar No. 5332) THORNDAL, ARMSTRONG, DELK BALKENBUSH & EISINGER Merril Hirsh (admitted pro hac vice) LAW OFFICE OF MERRIL HIRSH PLLC Frederick J. Morgan (admitted pro hac vice) Jennifer M. Verkamp (admitted pro hac vice) Sonya A. Rao (admitted pro hac vice) Ian M. Doig (admitted pro hac vice) MORGAN VERKAMP LLC Attorneys for Plaintiff-Relator Joshua Luke

          James J. Pisanelli, Esq. Nevada Bar No. 4027 PISANELLI BICE, PLLC R. Jeffrey Layne, Esq. (admitted pro hac vice) REED SMITH LLP Attorneys for Defendants HealthSouth Corp. And HealthSouth of Henderson, Inc.

          Jack W. Selden (admitted pro hac vice) Birmingham, AL 35203 Kimberly B. Martin (admitted pro hac vice) Attorneys for Defendant Kenneth Bowman

          ORDER APPOINTING DAVID M. TENNER AS SPECIAL MASTER

          HONORABLE CAM FERENBACH UNITED STATES MAGISTRATE JUDGE.

         Having considered the factors set forth in F.R.C.P. 53(a)(3), the parties' Joint Stipulation Concerning the Appointment of a Special Master (Doc. 189), and having given the parties notice and an opportunity to be heard, the Court hereby appoints David M. Tenner of Ridley, McGreevy, & Winocur, P.C., 30316th Street, Suite 200, Denver, Colorado, 80203, (303) 629-9700, as Special Master in this matter.

         1. Authority for and Scope of Appointment.

         The Special Master is appointed pursuant to F.R.C.P. 53(a)(1)(C) to resolve certain issues related to or arising out of discovery disputes concerning matters that the Court, pursuant to F.R.C.P. 53(a)(1)(C), finds cannot be effectively and timely addressed by the Court and so orders. In addition, the Special Master may perform any additional duties consented to by the parties and Court pursuant to F.R.C.P. 53(a)(1)(A).

(a) Specific Issues Within Scope. The Court specifically orders that the Special Master shall resolve the disputes concerning the scope of discovery (as set forth in Doc. Nos. 180, 181, and 192, which incorporate the parties' positions set forth in Doc. Nos. 161, 162, and 163) and new case deadlines (as set forth in Doc. 179). Pursuant to F.R.C.P. 53(a)(1)(C), the Court finds that these matters cannot be effectively and timely addressed by the Court.

         2. Special Master's Duties and Authority.

         The Special Master shall proceed with all reasonable diligence to undertake these responsibilities with a view to avoiding disputes wherever possible and where disputes arise, to resolve them as quickly and inexpensively as possible. The Special Master shall have all of the authority provided to masters as set forth in F.R.C.P. 53(c), including the power to sanction as set forth in F.R.C.P. 53(c)(2).

(a) Timeframes for Completion of Certain Events: Unless otherwise agreed to by the parties and the Special Master, the parties shall have an initial meeting with the Special Master, by telephone, within 14 days of the issuance of this Order. During that initial meeting, the parties and the Special Master shall (1) set a date for an evidentiary hearing concerning the issues set forth in paragraph 1(a) of this Order; and (2) the parameters and procedures concerning the aforementioned hearing. The Special Master shall issue his order and findings within 30 days of the completion of the hearing.

         3. Ex Parte Communications.

(a) With the Court. The Special Master may have ex parte communications with the Court regarding (1) whether or not a particular dispute or motion is subject to the scope of the Special Master's duties; (2) assisting the Court with procedural matters, such as apprising the Court regarding logistics, the nature of the Special Master's activities, and management of the litigation; (3) any matter upon which the parties or their counsel have consented; (4) the application of F.R.C.P. 53; and (5) any matter, the subject of which is initiated by the Court.
(b) With the Parties and Counsel. The Special Master may have ex parte communications with the parties or their respective counsel regarding (1) purely procedural or scheduling matters; (2) resolution of privilege or similar questions, in connection with in camera inspections, and with notice to the other ...

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