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United States v. Healthsouth Corp.

United States District Court, D. Nevada

August 28, 2019

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

          Philip Goodhart THORNDAL, ARMSTRONG, DELK, BALKENBUSH & EISINGER, Merril Hirsh, LAW OFFICE OF MERRIL HIRSH PLLC, Frederick J. Morgan, Jennifer M. Verkamp, Sonya A. Rao, Ian M. Doig, MORGAN VERKAMP LLC, Attorneys for Plaintiff-Relator Joshua Luke

          JAMES J. PISANELLI, ESQ., PISANELLI BICE PLLC, R. JEFFREY LAYNE, ESQ., REED SMITH LLP, JAMES L. SANDERS, ESQ., REED SMITH LLP, Attorneys for Defendants HealthSouth Corp. And HealthSouth of Henderson, Inc.

          SECOND JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINES SET FORTH IN SPECIAL MASTER'S ORDER RE: PLAINTIFF'S MOTION TO COMPEL AND JOINT PROPOSED REVISED SCHEDULING ORDER (DOC. 213) [DISCOVERY ISSUES ASSIGNED TO SPECIAL MASTER DAVID M. TENNER]

          DAVID M. TENNER, SPECIAL MASTER

         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: Plaintiffs 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 (Diet. 216);

         6. Whereas, on August 8, 2019, the Parties filed a Joint Stipulation and Proposed Order seeking to extend the discovery deadlines set forth in the Special Master's Order in light of the Parties' joint meeting with the United States Department of Justice ("DOJ") to discuss this action that was scheduled to take place on August 13, 2019 (Dirt. 219);

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

         8. Whereas, on August 9, 2019, the Special Master signed the Joint Stipulation and entered the Order to Extend Deadlines Set Forth in Special Master's Order (Dkt. 221);

         9. Whereas, during the course of the August 13, 2019 joint meeting, the Parties and the DOJ arrived at a tentative settlement to resolve this action which they are currently in the process of finalizing;

         10. Whereas, in light of the tentative settlement that was reached at the August 13, 2019 joint meeting and the ongoing efforts by the Parties and the DOJ to reach a final settlement that will resolve this action, the Parties wish to suspend the discovery ...


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