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Sacred Heart Health System, Inc., et al v. Humana Military Healthcare Services

December 8, 2011

SACRED HEART HEALTH SYSTEM, INC., ET AL., PLAINTIFFS,
v.
HUMANA MILITARY HEALTHCARE SERVICES, INC., A DELAWARE CORPORATION, DEFENDANT.



The opinion of the court was delivered by: Robert P. Murrian, Special Master

REPORT AND RECOMMENDATION

Pursuant to the Court's Order on Discovery and Pretrial Plan filed January 31, 2011, the undersigned may issue a report and recommendation regarding altering the deadlines set forth in that Order. [Doc. 376, ¶3]. A telephonic hearing was conducted on December 7, 2011 and the proceedings were taken down by a court reporter. J. Nixon Daniel, III, Esq., John F. Windham, Esq. and Russell F. Van Sickle, Esq. participated for Plaintiffs and K. Lee Blalack, Esq., Benjamin Bradshaw, Esq. and Scott Edson, Esq. participated for Humana Military Healthcare Services, Inc. ("Humana Military").

After hearing the arguments of counsel and after considering their written submissions, the undersigned finds that good cause has been shown to modify the Court's Order on Discovery and Pretrial Plan. ["Discovery and Pretrial Plan"].

Plaintiffs requested an "emergency" hearing by email dated December 6, 2011 in regard to 108 depositions noticed by Humana Military for the period December 15 through 22, 2011. The depositions were noticed for multiple states in the Southeast and as far away as California and Nevada. The parties are operating under the constraint that fact discovery must be concluded by January 27, 2011. Discovery and Pretrial Plan [Doc. 376 at ¶5.H].

If the depositions go forward as noticed, the deposing attorneys and witnesses likely will not have the discovery materials in hand which are necessary to conduct a full and complete examination of the witnesses. This situation can be alleviated if the Court modifies its Discovery and Pretrial Plan as follows:

5. DISCOVERY

H. Fact discovery shall conclude on March 2, 2012 (the current deadline is January 27, 2012).

I. Motions to Compel shall be filed not later than March 5, 2012 (the current deadline is December 28, 2011).

J. Expert disclosures shall be disclosed by April 13, 2012 (the current deadline is March 15, 2012).

K. Rebuttal expert reports shall be disclosed by May 14, 2012 (the current deadline is April 16, 2012).

L. Expert depositions shall be taken by June 1, 2012 (the current deadline is May 15, 2012).

M. Daubert and/or dispositive motions shall be filed not later than June 15, 2012 (the current deadline is May 31, 2012).

Responses to Daubert and/or dispositive motions shall be filed not later than June 29, 2012 (the current deadline is June 14, 2012) and any reply memoranda by July 6, 2012 (current deadline -- June 21, 2012).

The Court's reserved hearing date of July 30, 2012 through August 1, 2012, would not change under ...


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