United States District Court For The Southern District of Florida, Miami Division

This document is an unopposed motion filed by the plaintiffs/relators Derek Lewis and Joey Neiman requesting leave from the court to file a single consolidated response brief of up to 80 pages in response to four separate motions to dismiss filed by the four defendants. The plaintiffs argue that a consolidated brief is appropriate given the overlapping factual and legal issues raised by the defendants in their motions. The defendants do not oppose this motion.

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United States District Court For The Southern District of Florida, Miami Division

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Case 1:18-cv-20394-RNS Document 135 Entered on FLSD Docket 10/22/2019 Page 1 of 3

UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA,
MIAMI DIVISION

Case NO. 18-20394-CIV-Scola/Torres

UNITED STATES OF AMERICA ex rel. )

DEREK LEWIS and JOEY NEIMAN, )
)
Plaintiffs/Relators, )
)
vs. )
)
COMMUNITY HEALTH SYSTEMS, )
INC. et al. )
)
Defendants. )

UNOPPOSED MOTION FOR LEAVE TO FILE CONSOLIDATED RESPONSE BRIEF

Relators Derek Lewis and Joey Neiman ("Plaintiffs") hereby move this Court for

leave to file a single, consolidated brief in response to the four motions to dismiss filed in this

case: ECF No. 129, filed by Defendant Medhost, Inc.; ECF No. 132, filed by Defendant

CHSPSC, LLC ("CHSPSC"); ECF No. 133, filed by the group of hospital defendants identified

in ECF No. 133, and its Appendix A (the "Hospital Defendants"); and ECF No. 134, filed by

Defendant Community Health Systems, Inc. ("CHSI") (CHSPSC, the Hospital Defendants and

CHSI are collectively referred to as "CHS" or the "CHS Entities" and collectively with Medhost,

Inc., the "Defendants"). In support of this Unopposed Motion, Plaintiffs state as follows:

1. On July 11, 2019, this Court entered an Order directing Plaintiffs' counsel

to file motions to dismiss Relators' First Amended Complaint on or before September 24, 2019,

and Plaintiffs to file their response memoranda in opposition to any motions to dismiss on or

before October 24, 2019. [ECF No. 120.] The Court also permitted the parties an additional five

pages for each of their respective memoranda (i.e., 25 pages for each brief). Id.
Case 1:18-cv-20394-RNS Document 135 Entered on FLSD Docket 10/22/2019 Page 2 of 3

2. On September 24, 2019, the Defendants filed four motions to dismiss with

incorporated memoranda. Not surprisingly, the issues raised by the Defendants overlap one

another on a number of issues. In fact, the CHS briefs regularly cross-reference arguments made

by one another.

3. Given the common set of facts and issues, Plaintiffs are seeking leave of

this Court to file one consolidated response brief in opposition to the four motions to dismiss.

Given that Plaintiffs are still responding to four different motions to dismiss, such a consolidated

brief would need to well exceed the five additional pages the Court has permitted Plaintiffs to

file for any individual brief. Defendants' four briefs totaled 83 pages. Plaintiffs are seeking

leave to file a consolidated brief that will not exceed 80 pages (amounting to an average of 20

pages per response brief, consistent with the Local Rule 7.1(c)(2)).

4. Before filing this motion, Plaintiffs' counsel contacted counsel for each of

the Defendants, and none had any objection to this motion.

CONCLUSION

For the foregoing reasons, Plaintiffs respectfully request leave of this Court to file

by October 24, 2019, a single, consolidated response brief not to exceed 80 pages, in response to

ECF Nos. 129, 132, 133, and 134.

Dated: October 22, 2019 Respectfully submitted,

/s/ Jeffrey W. Dickstein

Jeffrey Wynn Dickstein
[email protected]
Phillips and Cohen LLP
200 South Biscayne Blvd.
Suite 2790
Miami, FL 33131
Tel: 305-372-5200
Fax: 305-374-3200