Inland Northwest Renal Care Group LLC v. WebTPA Employer Services LLC, No. 2:2019cv01758 - Document 70 (W.D. Wash. 2022)
Court Description: ORDER granting Parties' 69 Joint Motion to Lift Stay and Enter New Case Scheduling Order. The stay entered in this action on 2/4/2022 is hereby lifted. Jury Trial is set for 4/24/2023 at 09:30 AM before U.S. District Judge John C. Co ughenour. Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 7/25/2022, Rebuttal Expert Disclosure/Reports due by 8/15/2022, Motions related to Discovery due by 8/23/2022, Discovery to be completed by 9/26/2022, Dispositive motion s due by 10/25/2022, Settlement Conference per LCR 39.1(c)(2) to be held no later than 11/22/2022, 39.1 mediation to be completed by 12/22/2022, Motions in Limine due by 3/24/2023, Agreed Pretrial Order due by 4/10/2023, Proposed Voir dire/Proposed jury instructions/trial briefs/deposition designations and exhibits due by 4/17/2023. Signed by Hon. S. Kate Vaughan. (SR)
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Inland Northwest Renal Care Group LLC v. WebTPA Employer Services LLC Doc. 70 Case 2:19-cv-01758-JCC-SKV Document 70 Filed 03/14/22 Page 1 of 6 1 THE HONORABLE JOHN C. COUGHENOUR 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 10 INLAND NORTHWEST RENAL CARE GROUP, LLC d/b/a NORTHPOINTE DIALYSIS, Plaintiff, 11 12 13 14 v. WEBTPA EMPLOYER SERVICES, LLC and FIRST CHOICE HEALTH NETWORK, INC. Defendants. 15 16 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. C19-1758-JCC-SKV JOINT MOTION TO LIFT STAY AND ENTER NEW CASE SCHEDULING ORDER AND PROPOSED ORDER NOTE ON MOTION CALENDAR: MARCH 11, 2022 17 18 The Parties to the above-captioned action, Plaintiff Inland Northwest Renal Care Group, 19 LLC d/b/a Northpointe Dialysis (“Northwest”), Defendant WebTPA Employer Services, LLC 20 (“WebTPA”), and Defendant First Choice Health Network, Inc. (“First Choice”) (collectively, 21 the “Parties”) regret to inform the Court that their efforts to resolve the case through mediation 22 have proven unsuccessful, and hereby jointly move: (1) to lift the stay the Court entered in this 23 action on February 4, 2022, and (2) for the Court to issue a new Case Scheduling Order. The 24 Parties request that the Court set the trial date for April 24, 2023 and continue the remaining 25 case deadlines by a period of six months. The Parties believe and agree that six months is 26 sufficient time to complete their preparation of the case for trial and that the requested extension 27 JOINT MOTION TO LIFT STAY AND ENTER NEW CASE SCHEDULING ORDER AND PROPOSED ORDER - 1 No. C19-1758-JCC-SKV LANE POWELL PC 1420 FIFTH AVENUE, SUITE 4200 P.O. BOX 91302 SEATTLE, WA 98111-9402 206.223.7000 FAX: 206.223.7107 124492.0032/8916859.1 Dockets.Justia.com Case 2:19-cv-01758-JCC-SKV Document 70 Filed 03/14/22 Page 2 of 6 1 is necessary, in the best interests of the Parties, and supported by good cause. In support of this 2 Joint Motion, the Parties state as follows: 3 1. This lawsuit arises from a dispute between the Parties with regard to the rates 4 that Defendant WebTPA paid for the dialysis and related services that Plaintiff Northwest 5 provided to a specific patient under the PPO network operated by Defendant First Choice. 6 2. Plaintiff Northwest filed this action on October 30, 2019. On December 6, 2019, 7 Defendant WebTPA moved to dismiss all claims against it. After extensive briefing, Judge 8 Theiler issued a Report and Recommendation on March 26, 2020 recommending that 9 WebTPA’s motion be denied. Dkt. No. 44. The Court adopted Judge Theiler’s Report and 10 11 Recommendation on April 14, 2020. Dkt. No. 45. 3. Following the denial of WebTPA’s motion to dismiss, the Parties began paper 12 discovery in earnest, and those efforts continued until early 2021 when the Parties agreed to 13 schedule a mediation for May 26, 2021. The Parties agreed to informally stay discovery 14 pending the mediation in order to focus their efforts on preparing for the mediation. 15 Unfortunately, the mediation was unsuccessful. 16 4. Immediately following the mediation, the Parties continued their diligent efforts 17 to complete discovery. In late 2021, the Parties agreed to a framework to conduct further 18 mediations in February 2022 in order to hopefully resolve the case without the need for further 19 litigation. 20 5. In order to focus their efforts on settling this dispute, the Parties moved to stay 21 this case and all related deadlines on February 2, 2022. Dkt. No. 67. On February 4, 2022, the 22 Court granted that motion and entered an Order staying the case for a period of 90 days in order 23 to permit the Parties to engage in settlement discussions. Dkt. No. 68. 24 6. Despite the Parties’ good faith efforts, they have been unable to reach a mutually 25 agreeable settlement. Therefore, the Parties now seek to lift the stay entered by the Court on 26 February 4, 2022 and to complete preparation of the case for trial. 27 JOINT MOTION TO LIFT STAY AND ENTER NEW CASE SCHEDULING ORDER AND PROPOSED ORDER - 2 No. C19-1758-JCC-SKV 124492.0032/8916859.1 LANE POWELL PC 1420 FIFTH AVENUE, SUITE 4200 P.O. BOX 91302 SEATTLE, WA 98111-9402 206.223.7000 FAX: 206.223.7107 Case 2:19-cv-01758-JCC-SKV Document 70 Filed 03/14/22 Page 3 of 6 1 7. At present, all Parties have answered written discovery and produced documents 2 and are resuming work to complete their remaining productions and resolve outstanding 3 discovery disputes. 4 conferences on June 1, 2021, June 28, 2021, July 6, 2021, and August 17, 2021 in a good faith 5 effort to narrow their discovery disputes and move this case toward the most efficient 6 resolution. However, as a result of their efforts over the past several months that they earnestly 7 hoped would result in a settlement, the Parties agree that they are not currently in a position to 8 meet the deadlines set forth in the current Case Scheduling Order. 9 8. Counsel for Northwest and WebTPA have held meet and confer The parties have conferred and stipulate and agree that a period of an additional 10 six months is sufficient time to permit the parties to complete document and deposition 11 discovery, seek resolution of any discovery disputes, and properly prepare their respective cases 12 for trial. Due to a conflict for Northwest’s counsel with another trial, the Parties request the 13 Court set a new trial date for April 24, 2023. For the Court’s convenience, the Parties have 14 included a table below that sets forth: (1) the case deadlines that they seek to continue, (2) the 15 current date of each deadline, and (3) the recommended new date for each deadline: 16 Event 17 18 Current Date New Date JURY TRIAL set for 9:30 a.m. on 8/22/2022 4/24/2023 Length of trial Disclosure of expert testimony under FRCP 26(a)(2) 5 days 1/24/2022 7/25/2022 Disclosure of rebuttal expert testimony under FRCP 26(a)(2) 2/14/2022 8/15/2022 All motions related to discovery must be filed by this date and noted for consideration no later than the third Friday thereafter Discovery to be completed by All dispositive motions must be filed by this date and noted for consideration no later than the fourth Friday thereafter 2/23/2022 8/23/2022 3/25/2022 4/25/2022 9/26/2022 10/25/2022 Settlement Conference per LCR 39.1(c)(2) held no later than 5/24/2022 11/22/2022 25 26 Mediation per LCR 39.1(c) held no later than 6/23/2022 12/22/2022 19 20 21 22 23 24 27 JOINT MOTION TO LIFT STAY AND ENTER NEW CASE SCHEDULING ORDER AND PROPOSED ORDER - 3 No. C19-1758-JCC-SKV 124492.0032/8916859.1 LANE POWELL PC 1420 FIFTH AVENUE, SUITE 4200 P.O. BOX 91302 SEATTLE, WA 98111-9402 206.223.7000 FAX: 206.223.7107 Case 2:19-cv-01758-JCC-SKV Document 70 Filed 03/14/22 Page 4 of 6 1 2 3 4 5 6 7 8 All motions in limine must be filed by this date and noted for consideration no earlier than the third Friday after filing but no later than the Friday before the pretrial conference Agreed LCR 16.1 Pretrial Order Due Trial briefs, proposed voir dire questions, proposed jury instructions, deposition designations, and exhibits due by this date; Counsel are to confer and indicate with their submissions which exhibits are agreed to Pretrial Conference 9. 7/25/2022 3/24/2023 8/10/2022 8/15/2022 4/10/2023 4/17/2023 To be set as needed An extension will allow the Parties to complete the discovery necessary to properly prepare this case for trial. 9 10. This is the parties’ fourth request to extend the trial date in this action. 10 11. A Proposed Order is submitted herewith. 11 WHEREFORE, the Parties respectfully request that the Court: (1) lift the stay entered 12 in this action on February 4, 2022; (2) set a new trial date for April 24, 2023; and (3) issue a 13 new Case Scheduling Order, consistent with the dates in the table set forth above, that continues 14 the case deadlines by a period of six months. 15 16 17 18 19 20 21 22 23 24 25 26 27 JOINT MOTION TO LIFT STAY AND ENTER NEW CASE SCHEDULING ORDER AND PROPOSED ORDER - 4 No. C19-1758-JCC-SKV 124492.0032/8916859.1 LANE POWELL PC 1420 FIFTH AVENUE, SUITE 4200 P.O. BOX 91302 SEATTLE, WA 98111-9402 206.223.7000 FAX: 206.223.7107 Case 2:19-cv-01758-JCC-SKV Document 70 Filed 03/14/22 Page 5 of 6 1 Respectfully submitted by the Parties on this 11th day of March, 2022: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 /s/ Carin Marney Carin Marney, WSBA No. 25132 LANE POWELL PC 1420 Fifth Ave., Ste. 4200 P.O. Box 91302 Seattle, WA 98111-9402 Tel.: 206-223-7000 marneyc@lanepowell.com Attorney for Plaintiff Northwest . /s/ Robert Zaffrann Robert Zaffrann, Pro Hac Vice Adam Santeusanio, Pro Hac Vice DUANE MORRIS LLP 100 High Street, Suite 2400 Boston, MA 02110 Tel.: 857-488-4200 rzaffrann@duanemorris.com amsanteusanio@duanemorris.com Attorney for Plaintiff Northwest . /s/ Wendy Lyon Wendy Lyon, WSBA No. 34461 FOX ROTHSCHILD LLP 1001 Fourth Ave., Suite 4500 Seattle, WA 98154-1065 Tel.: 206-389-1667 wlyon@foxrothschild.com Attorney for Defendant First Choice . /s/ Andrew Holly . Benjamin Greenberg, WSBA No. 44120 Andrew Holly, Pro Hac Vice DORSEY & WHITNEY LLP 701 Fifth Ave., Suite 6100 Seattle, WA 98104-7043 Tel.: 206-903-5442 greenberg.ben@dorsey.com holly.andrew@dorsey.com Attorney for Defendant WebTPA 20 21 22 23 24 25 26 27 JOINT MOTION TO LIFT STAY AND ENTER NEW CASE SCHEDULING ORDER AND PROPOSED ORDER - 5 No. C19-1758-JCC-SKV 124492.0032/8916859.1 LANE POWELL PC 1420 FIFTH AVENUE, SUITE 4200 P.O. BOX 91302 SEATTLE, WA 98111-9402 206.223.7000 FAX: 206.223.7107 Case 2:19-cv-01758-JCC-SKV Document 70 Filed 03/14/22 Page 6 of 6 1 2 3 [Proposed] Order The Parties’ Joint Motion to Lift Stay and Enter New Case Scheduling Order is hereby GRANTED and IT IS HEREBY ORDERED that: 4 1. The stay entered in this action on February 4, 2022 is hereby lifted; 5 2. The trial date in this action, which is currently set for August 22, 2022, shall be 6 7 reset to April 24, 2023; and 3. The Clerk shall issue a new Case Scheduling Order that continues the trial date 8 to April 24, 2023, and all other remaining case deadlines for a period of six months, consistent 9 with the table set forth in the foregoing Joint Motion. 10 SO ORDERED this 14th day of March, 2022. 11 12 A 13 S. KATE VAUGHAN United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 JOINT MOTION TO LIFT STAY AND ENTER NEW CASE SCHEDULING ORDER AND PROPOSED ORDER - 6 No. C19-1758-JCC-SKV 124492.0032/8916859.1 LANE POWELL PC 1420 FIFTH AVENUE, SUITE 4200 P.O. BOX 91302 SEATTLE, WA 98111-9402 206.223.7000 FAX: 206.223.7107
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