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- cacd;;5:16-cv-01097_de77 RegisterActionDate "2017-12-20" @default.
- cacd;;5:16-cv-01097_de77 RegisterActionDescriptionText "ORDER GRANTING STIPULATION TO FILE FOURTH AMENDED COMPLAINT AND TAKE MOTION OFF CALENDAR by Judge Virginia A. Phillips, re Stipulation for Leave 78 : Having considered the parties' Stipulation to File Fourth Amended Complaint and Take Motion for Reconsideration set for 1/8/18, off calendar, and finding good cause therefore, the Court hereby Orders as follows: 1. Plaintiffs' Fourth Amended Complaint will be deemed filed on January 8, 2018; 2. Defendant's response will be filed on or before February 7, 2018. Defendant shall not move to dismiss based on failure to exhaust the Medicare Appeals process; and 3. The Courts January 27, 2017 Order (the "Order") is superseded to the extent it dismissed Plaintiffs' contracted Medicare claims on the grounds that Plaintiffs failed to exhaust the Medicare appeals process. The Order shall be modified to reflect that this Court has jurisdiction to adjudicate Plaintiffs' claims for the contracted Medicare claims at issue and those claims should not be dismissed at the pleading stage for failure to exhaust the Medicare appeals process for contracted Medicare claims, and Plaintiffs should be permitted to reassert these claims in the Fourth Amended Complaint. (bm) (Entered: 12/21/2017)" @default.
- cacd;;5:16-cv-01097_de77 AdministrativeID "79" @default.
- cacd;;5:16-cv-01097_de77 hasJudgeReference SJ003032 @default.
- cacd;;5:16-cv-01097_de77 hasReferenceToOtherEntry cacd;;5:16-cv-01097_de76 @default.