United States District Court, D. Nevada
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
FERENBACH, MAGISTRATE JUDGE
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:
Whereas, the Court appointed a Special Master to oversee the
discovery process on April 17, 2019 (Dkt. # 185);
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);
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”;
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;
Whereas, the HealthSouth Defendants filed their objections to
the Special Master's Order on July 26, 2019 (Dkt. 216);
Whereas, Plaintiff filed his Opposition to Defendants'
Objections to the Special Master's Ruling on August 9,
2019 (Dkt. 220);
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);
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 ...