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United States ex rel. Luke v. Healthsouth Corp.

United States District Court, D. Nevada

August 27, 2019

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

          PISANELLI BICE PLLC JAMES J. PISANELLI, ESQ. Nevada Bar No. 4027 REED SMITH LLP JAMES L. SANDERS, ESQ. (admitted pro hac vice) Attorneys for Defendants HealthSouth Corp. and HealthSouth of Henderson, Inc.

          BRADLEY ARANT BOLT CUMMINGS LLP, JACK W. SELDEN, ESQ. (admitted pro hac vice), KIMBERLY B. MARTIN, ESQ. (admitted pro hac vice), SEMENZA KIRCHER RICKARD, CHRISTOPHER D. KIRCHER, ESQ., Attorneys for Defendant Kenneth Bowman

          THORNDAL, ARMSTRONG, DELK, BALKENBUSH & EISINGER, PHILIP GOODHART, ESQ. Nevada Bar No. 5332, LAW OFFICE OF MERRIL HIRSH, MERRIL HIRSH, ESQ. (admitted pro hac vice), MORGAN VERKAMP LLC, FREDERICK M. MORGAN, ESQ. (admitted pro hac vice) SONYA A. RAO (admitted pro hac vice) Attorneys for Relator Joshua Luke

          SEMENZA KIRCHER RICKARD, CHRISTOPHER D. KIRCHER, ESQ. Attorneys for Defendant Kenneth Bowman

          JOINT STIPULATION AND [PROPOSED] ORDER VACATING HEARING ON DEFENDANTS' OBJECTIONS TO SPECIAL MASTER'S ORDER

          CAM FERENBACH, MAGISTRATE JUDGE

         Plaintiff-Relator Joshua Luke (“Plaintiff”), as relator in this action, Defendants HealthSouth Corporation (“HealthSouth”) and HealthSouth of Henderson, Inc. (“HealthSouth Henderson”) (collectively, “HealthSouth Defendants”), and Defendant Kenneth Bowman (“Bowman”) by and through their undersigned counsel, state as follows:

         1. Whereas, the Court appointed a Special Master to oversee the discovery process on April 17, 2019 (Dkt. # 185);

         2. Whereas, the Court appointed David M. Tenner as Special Master pursuant to the Parties' Joint Stipulation Concerning the Appointment of a Special Master (Dkt. #198);

         3. Whereas, the Special Master's Order re: Plaintiff's Motion to Compel and Joint Proposed Revised Scheduling Order (“Special Master's Order”) (Dkt. #213) was issued in writing on July 19, 2019, and stated that the rulings therein “were made effective as of the date of the hearing, July 10, 2019”;

         4. Whereas, the Special Master's Order set forth various deadlines related to discovery, including: (i) all responsive documents shall be produced by August 20, 2019; (ii) Plaintiff shall be entitled to take the Rule 30(b)(6) deposition of Defendant HealthSouth on or before September 10, 2019; and (iii) the Parties shall file a Stipulated Revised Scheduling Order or Status Report on or before September 10, 2019;

         5. Whereas, the HealthSouth Defendants filed their objections to the Special Master's Order on July 26, 2019 (Dkt. 216);

         6. Whereas, Plaintiff filed his Opposition to Defendants' Objections to the Special Master's Ruling on August 9, 2019 (Dkt. 220);

         7. Whereas, on August 13, 2019, the Court issued an order setting a hearing on Defendants' Objections to Special Master's Order for September 6, 2019 (Dkt. 222);

         8. Whereas, during the course of a joint meeting that took place on August 13, 2019, the Parties and the United States Department of Justice (“DOJ”) arrived at a tentative settlement to resolve ...


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