Scroggins v. LifePoint Health et al

MOTION for Leave to File Replies to Plaintiff's 150 Supplemental Memorandum in Opposition to Defendants' Motions to Dismiss

M.D. Ala.March 15, 2019

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION MARILYN R. SCROGGINS Plaintiff, V. LIFEPOINT HEALTH, INC., ET AL., Defendants ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:16-cv-00338-ECM-SRW Class Action DEFENDANTS’ MOTION FOR LEAVE TO FILE REPLIES TO PLAINTIFF’S SUPPLEMENTAL MEMORANDUM IN OPPOSITION TO DEFENDANTS’ MOTIONS TO DISMISS Defendants LifePoint Health, Inc.; LifePoint Holdings 2, LLC; LifePoint Hospitals Holdings, LLC; Historic LifePoint Hospitals, LLC; LifePoint Corporate Services, General Partnership; HSCGP, LLC; Shared Business Services, LLC a/k/a LifePoint Health Business Services (“LifePoint Defendants”), along with Defendants Parallon Business Solutions, LLC (“Parallon”), HSS Systems, LLC (“HSS”), and Medical Reimbursements of America, Inc. (“MRA”) (collectively, the “Defendants”) respectfully move for leave to file the attached replies to Plaintiff’s Supplemental Memorandum in Opposition to Defendants’ Motions to Dismiss (Plaintiff’s “Supplemental Brief”). Defendants submit that, as the moving parties, they are entitled to the final briefing opportunity on their respective motions to dismiss. LifePoint Defendants’ joint reply memorandum is attached as Exhibit A. HSS, Parallon, and MRA’s joint reply memorandum is attached as Exhibit B. Each reply memorandum is incorporated into the other, so that each is meant to respond in full to the Plaintiff’s Supplemental Brief filed on March 8, 2019. (Doc. 150.) Case 2:16-cv-00338-ECM-SRW Document 151 Filed 03/15/19 Page 1 of 3 2 WHEREFORE, premises considered, Defendants respectfully request that this Court enter an order granting Defendants’ leave to file the reply memorandums attached as Exhibits A and B. DATED this 15th day of March, 2019. /s/ Anna M. Grizzle Anna M. Grizzle (ASB 9068-Z67A; TN #20465) W. Brantley Phillips, Jr. (TN #18844) (pro hac vice) Shayne R. Clinton (TN #26245) (pro hac vice) BASS, BERRY & SIMS PLC 150 Third Avenue South, Ste. 2800 Nashville, TN 37201 (615) 742-6200 (615) 742- 2842 (fax) agrizzle@bassberry.com bphillips@bassberry.com sclinton@bassberry.com Counsel for LifePoint Health, Inc., LifePoint Holdings 2, LLC, LifePoint Hospitals Holdings, LLC, Historic LifePoint Hospitals, LLC, LifePoint Corporate Services, General Partnership, HSCGP, LLC, and Shared Business Services, LLC a/k/a LifePoint Health Business Services /s/ Stephen D. Barham Stephen D. Barham (TN #19292) (pro hac vice) Andrew M.W. Mutter (TN #35714) (pro hac vice) CHAMBLISS BAHNER & STOPHEL, P.C. 605 Chestnut Street, Ste. 1700 Chattanooga, TN 37450 (423) 757-0239 (423) 508-1239 (fax) sbarham@chamblisslaw.com amutter@chamblisslaw.com Counsel for Medical Reimbursements of America, Inc. Case 2:16-cv-00338-ECM-SRW Document 151 Filed 03/15/19 Page 2 of 3 3 /s/ Scott J. Dickenson Scott J. Dickenson (#50478MO) (pro hac vice) John D. Ryan (#51944MO) (pro hac vice) SPENCER FANE LLP 1 North Brentwood Boulevard, Ste. 1000 St. Louis, MO 63105 (314) 863-7733 (314) 862-4656 (fax) sdickenson@spencerfane.com jryan@spencerfane.com Morgan Epperson (ASB-4720-H15H) OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 420 20th Street N., Ste. 1900 Birmingham, AL 35203 (205) 328-1900 (205) 328-6000 (fax) morgan.epperson@odnss.com Counsel for Parallon Business Solutions, LLC and HSS Systems, LLC CERTIFICATE OF SERVICE I hereby certify that on March 15, 2019, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system. Notice of this filing will be sent by operation of the Court’s electronic filing system to all parties indicated on the electronic filing receipt. Parties may access this filing through the Court’s electronic filing system. All others will be served by depositing a copy thereof in the United States mail, first-class, postage prepaid. /s/ Anna M. Grizzle Anna M. Grizzle Case 2:16-cv-00338-ECM-SRW Document 151 Filed 03/15/19 Page 3 of 3