Opinion
3:22-cv-00333-LRH-CLB
11-07-2022
MISSION HEALTHCARE SERVICES, LLC, a California limited liability company; and HEALTHY LIVING AT HOME -CARSON CITY, LLC, a Nevada Limited Liability Company, Plaintiffs, v. BATTLE BORN HOME HEALTH, LLC, a Nevada limited liability company; JESSICA CONNANT CRISP, an individual; ANGEL VASQUEZ BARNES, an individual; and JOSEPH BARNES, an individual, Defendants.
John R. Funk, Esq. (NSB 12372) Jeremy R. Reichenberg, Esq. (NSB 10297) GUNDERSON LAW FIRM Attorneys for Angel Vasquez Barnes and Joseph Barnes Gregory M. Saylin, Esq. (Utah Bar No. 9648) (Pro Hac Vice pending) Kody L. Condos, Esq. (Utah Bar No. 17186) (Admitted Pro Hac Vice) HOLLAND & HART LLP Sydney R. Gambee, Esq. (NSB 14201) HOLLAND & HART LLP Attorneys for Plaintiffs Mission Healthcare Services, LLC and Health Living at Home - Carson City, LLC Ryan D. Russell, Esq. (NSB 8646) ALLISON MACKENZIE, LTD. Attorneys for Battle Born Home Health, LLC and Jessica Connant
John R. Funk, Esq. (NSB 12372) Jeremy R. Reichenberg, Esq. (NSB 10297) GUNDERSON LAW FIRM Attorneys for Angel Vasquez Barnes and Joseph Barnes
Gregory M. Saylin, Esq. (Utah Bar No. 9648) (Pro Hac Vice pending) Kody L. Condos, Esq. (Utah Bar No. 17186) (Admitted Pro Hac Vice) HOLLAND & HART LLP Sydney R. Gambee, Esq. (NSB 14201) HOLLAND & HART LLP Attorneys for Plaintiffs Mission Healthcare Services, LLC and Health Living at Home - Carson City, LLC
Ryan D. Russell, Esq. (NSB 8646) ALLISON MACKENZIE, LTD. Attorneys for Battle Born Home Health, LLC and Jessica Connant
ORDER GRANTING STIPULATION TO EXTEND PLAINTIFFS' DEADLINE TO FILE RESPONSES TO DEFENDANTS' MOTIONS TO DISMISS (SECOND REQUEST) AND TO EXTEND DEADLINE TO FILE CASE CONFERENCE REPORT (FIRST REQUEST), AND PROPOSED ORDER
STIPULATION
Plaintiffs MISSION HEALTHCARE SERVICES, LLC and HEALTHY LIVING AT HOME - CARSON CITY, LLC, (“Plaintiffs”) and Defendants ANGEL VASQUEZ BARNES and JOSEPH BARNES (together, the “Barnes”), and Defendants JESSICA CONNANT (CRISP) (“Connant”) and BATTLE BORN HOME HEALTH, LLC (“Battle Born,” and together with Plaintiffs, Connant, and the Barnes, the “Parties”), by and through their respective counsel of record, hereby stipulate and agree as follows.
1. Connant and Battle Born filed their Motion to Dismiss, or in the alternative, Motion for a More Definite Statement (the “Battle Born MTD”) on October 3, 2022 (ECF No. 19).
2. The Barnes filed their Motion to Dismiss, or in the alternative, Motion for a More Definite Statement (the “Barnes MTD”) on October 14, 2022 (ECF No. 25).
3. Plaintiffs and Defendants stipulated to extend the deadline for Plaintiffs to file responses to the Battle Born MTD and the Barnes MTD, until and including November 4, 2022, which Order granting said stipulation was entered herein on October 17, 2022 (ECF No. 26).
4. Due to a medical procedure of lead counsel for Plaintiffs, the Parties agree to extend the deadline for Plaintiffs' responses to the Battle Born MTD and the Barnes MTD, until and including November 18, 2022.
5. Additionally, on October 4, 2022, the Order to File Case Management Report (the “Order,” ECF No. 22) was filed herein, directing the filing of the Parties' Case Management Report by November 4, 2022.
6. The Parties have held two case conferences, an initial conference on September 26, 2022 and a subsequent conference after the Order on October 24, 2022.
7. Plaintiffs' counsel has been working diligently to prepare the Case Management Report and expects to forward a draft to counsel for Defendants in short order, but because of the same medical procedure of counsel for Plaintiffs, the Parties agree to, and respectfully request that the Court agree to, extend the deadline for filing of the Case Management Report, also until and including November 18, 2022, to allow adequate time for the Parties to confer on the draft Case Management Report.
8. This is Plaintiffs' second request for an extension of time to respond to the Barnes MTD and the Battle Born MTD.
9. This is the first request for extension of time to file the Case Management Report.
10. This stipulation is made in good faith and not in an attempt to delay proceedings.
Dated this 3rd day of November, 2022.
ORDER
IT IS SO ORDERED. Plaintiffs shall have until and including November 18, 2022 to file their response(s) to the Barnes MTD and the Battle Born MTD. The Parties shall file their Case Management Report no later than November 18, 2022.