Scroggins v. LifePoint Health et al

MOTION for Leave to File Surreply in Opposition to Defendants' Motions to Dismiss

M.D. Ala.January 31, 2018

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION MARILYN R. SCROGGINS, on behalf of ) herself and all others similarly situated, ) ) Plaintiff, ) ) CASE NO. 2:16-cv-338-WKW v. ) ) LIFEPOINT HEALTH, INC., et al., ) CLASS ACTION ) Defendants. ) ) PLAINTIFF'S MOTION FOR LEAVE TO FILE SURREPLY IN OPPOSITION TO DEFENDANTS’ MOTIONS TO DISMISS Plaintiff Marilyn R. Scroggins, on behalf of herself and all others similarly situated, states as follows: 1. Defendants, and in particular the LifePoint entities1, have presented several misleading arguments in their Replies supporting their Motions to Dismiss that misstate the holdings of the cases relied upon, ignore controlling precedent, or fail to inform the Court how the cited cases are materially distinguishable from this case. The LifePoint entities have also raised new arguments for the first time in their Replies. All of this lack of candor warrants a Surreply briefly addressing these issues. 2. Plaintiff seeks permission to submit a limited Surreply addressing the following: 1 LifePoint Health, Inc., the LifePoint LLC Defendants (LifePoint Holdings 2, LLC, LifePoint Hospitals Holdings, LLC, Historic LifePoint Hospitals, LLC, HSCGP, LLC, and Shared Business Services, LLC a/k/a LifePoint Health Business Services), and LifePoint Corporate Services, G.P. Case 2:16-cv-00338-WKW-CSC Document 138 Filed 01/31/18 Page 1 of 3 • The LifePoint entities’ argument that Plaintiff cannot represent class members whose claims arise under the laws of states other than Alabama. • The LifePoint entities’ argument that this case must be arbitrated. • All the Defendants’ arguments that Plaintiff’s unjust-enrichment claim is barred by the existence of an express contract. • Why the LifePoint entities have waived their merits arguments on Plaintiff’s claim that they are directly liable for Andalusia Regional Hospital’s breach of the provider agreement with United Healthcare. • The LifePoint entities have misread Plaintiff’s allegations and misapplied the decisions cited by Plaintiff on direct liability. 3. Finally, Plaintiff seeks to point out that Defendant Parallon Business Solutions, LLC, is incorrect when it asserts that its dismissal on personal-jurisdiction grounds, which is unopposed by Plaintiff, should be with prejudice. 4. A proposed Surreply is submitted herewith as Exhibit A. 5. Plaintiff has filed this Motion and the attached proposed Surreply promptly after the Defendants’ last Replies were filed on Friday, January 26, 2017. WHEREFORE, Plaintiff moves the Court for leave to submit the proposed Surreply, and for the Court to accept the attached proposed Surreply as filed. Respectfully Submitted, Taylor Martino, P.C. Attorney for the Plaintiff By: /s/ W. Lloyd Copeland W. Lloyd Copeland (COPEW3831) P.O. Box 894 Mobile, Alabama 36601 Ph: (251) 433-3131 Case 2:16-cv-00338-WKW-CSC Document 138 Filed 01/31/18 Page 2 of 3 Fx: (251) 405-4050 Email: Lloyd@taylormartino.com CERTIFICATE OF SERVICE I hereby certify that on the 31st day of January 2018, I electronically filed the foregoing with the Clerk of the Court using the Alafile system, which will send notifications of such filing to all counsel of record. BRADLEY ARANT BOULT CUMMINGS LLP CHAMBLISS BAHNER & STOPHEL PC John E. Goodman, Esq. Andrew M. W. Mutter Hillary C. Campbell, Esq. Stephen D. Barham One Federal Place 605 Chestnut St. 1819 Fifth Avenue North Liberty Tower, Suite 1700 Birmingham, AL 35203-2104 Chattanooga, TN 37450 PH: (205) 521-8000 PH: (423) 756-3000 FX: (205) 521-8800 E-Mail: amutter@chamblisslaw.com E-Mail: jgoodman@bradley.com SBarham@chamblisslaw.com hcampbell@bradley.com BASS, BERRY & SIMS PLC BASS, BERRY & SIMS PLC Anna Grizzle Shayne R. Clinton W. Brantley Phillips, Jr. 900 S. Gay St. – 1700 Riverview Tower 150 Third Avenue South, Suite 2800 Knoxville, TN 37902 Nashville, TN 37201 PH: (865) 521-0372 PH: (615) 742-6200 E-Mail: sclinton@bassberry.com E-Mail: agrizzle@bassberry.com bphillips@bassberry.com SPENCER FANE LLP SPENCER FANE LLP John D. Ryan Scott J. Dickenson 1610 North Kingshighway, Suite 205 1 N. Brentwood Blvd., Suite 1000 Cape Girardeau, MO 63701 St. Louis, MO 63105 PH: (573) 334-5868 PH: (314) 863-7733 E-Mail: jryan@spencerfane.com E-Mail: sdickenson@spencerfane.com OGLETREE, DEAKINS, NASH, SMOAK & STEWART PC John Richard Carrigan 420 20th Street North, Suite 1900 Birmingham, AL 35203 PH: (205) 328-1900 E-Mail: richard.carrigan@ogletreedeakins.com /s/ W. Lloyd Copeland OF COUNSEL Case 2:16-cv-00338-WKW-CSC Document 138 Filed 01/31/18 Page 3 of 3