City of Brevard, North Carolina v. HCA Healthcare, Inc. et al

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CITY OF BREVARD, NORTH )
CAROLINA, on its own behalf and )
on behalf of all others similarly )
situated, )
)
Plaintiff, )
) CIVIL CASE NO.
vs. ) 1:22-cv-00114-MR-WCM
)
HCA HEALTHCARE, INC., HCA )
MANAGEMENT SERVICES, LP, )
HCA, INC., MH MASTER HOLDINGS, )
LLLP, MH HOSPITAL MANAGER, )
LLC, MH MISSION HOSPITAL, LLLP, )
ANC HEALTHCARE, INC. f/k/a )
MISSION HEALTH SYSTEM, INC., )
and MISSION HOSPITAL, INC., )
)
Defendants. )
________________________________ )
)
BUNCOMBE COUNTY, NORTH )
CAROLINA and CITY OF )
ASHEVILLE, NORTH CAROLINA, )
on their own behalf and on behalf )
of all others similarly situated, )
)
Plaintiffs, )
) CIVIL CASE NO.
vs. ) 1:22-cv-00147-MR-WCM
)
HCA HEALTHCARE, INC., HCA )
MANAGEMENT SERVICES, LP, )
HCA, INC., MH MASTER HOLDINGS, )
LLLP, MH HOSPITAL MANAGER, )
LLC, MH MISSION HOSPITAL, LLLP, )
Case 1:22-cv-00114-MR Document 42 Filed 08/08/22 Page 1 of 4

2
ANC HEALTHCARE, INC. f/k/a )
MISSION HEALTH SYSTEM, INC., )
and MISSION HOSPITAL, INC., )
)
Defendants. )
________________________________ )
ORDER
AND INITIAL CASE MANAGEMENT PLAN
THIS MATTER is before the Court on the “Joint Motion of Plaintiffs and
Defendants to Consolidate and for Entry of Initial Case Management Order.”
[Civil Case No. 1:22-cv-00114-MR-WCM, Doc. 41].
Rule 42 of the Federal Rules of Civil Procedure provides that the Court
may consolidate two civil actions if they involve “a common question of law
or fact.” Fed. R. Civ. P. 42(a)(2). The Court finds that these two civil actions
involve common questions of law and fact such that consolidation is
appropriate.
IT IS, THEREFORE, ORDERED that the “Joint Motion of Plaintiffs and
Defendants to Consolidate and for Entry of Initial Case Management Order”
[Civil Case No. 1:22-cv-00114-MR-WCM, Doc. 41] is GRANTED, and Civil
Case No. 1:22-cv-00114-MR-WCM and Civil Case No. 1:22-cv-00147-MR-
WCM are hereby CONSOLIDATED for all purposes up to and including trial
before the undersigned. Civil Case No. 1:22-cv-00114-MR-WCM is
designated as the lead case, and Civil Case No. 1:22-cv-00147 shall be
Case 1:22-cv-00114-MR Document 42 Filed 08/08/22 Page 2 of 4

3
closed. Pursuant to Local Civil Rule 42.1, all future pleadings will be
docketed and filed in the designated lead case only.
IT IS FURTHER ORDERED that any counsel who has been admitted
pro hac vice in Civil Case No. 1:22-cv-00114-MR-WCM and Civil Case No.
1:22-cv-00147-MR-WCM shall be admitted pro hac vice in the designated
lead case, Civil Case No. 1:22-cv-00114-MR-WCM, and any counsel not so
admitted may file an application to be admitted pro hac vice in the designated
lead case.
IT IS FURTHER ORDERED that the parties shall follow the following
initial case management plan to govern the filing of Plaintiffs’ Consolidated
Class Action Complaint and Defendants’ anticipated response:
(1) All papers filed in this action shall be filed under Civil Case No.
1:22-cv-00114-MR-WCM, the designated lead case, and must bear the
following case name: In re Mission Health Antitrust Litigation;
(2) Plaintiffs shall file a Consolidated Class Action Complaint (the
“Consolidated Complaint”) by August 19, 2022;
(3) Plaintiffs’ filing of the Consolidated Complaint shall not prejudice
their ability to amend as of course under Federal Rule of Civil Procedure
15(a)(1);
Case 1:22-cv-00114-MR Document 42 Filed 08/08/22 Page 3 of 4

4
(4) Defendants shall respond to the Consolidated Complaint,
including by filing any motion(s) pursuant to Federal Rule of Civil Procedure
12, by September 9, 2022;
(5) Plaintiffs’ opposition(s) to any such motion(s) filed pursuant to
Rule 12 shall be filed by October 14, 2022;
(6) Any reply in support of Defendants’ motion(s) shall be filed by
November 4, 2022;
(7) Defendants’ brief(s) in support of motion(s) filed pursuant to Rule
12 and Plaintiffs’ brief(s) in opposition to Defendants’ motion(s) shall each
not exceed 25 pages. Defendants’ reply brief(s) shall each not exceed 10
pages. Briefs must be double spaced and in at least 14 point type.
IT IS SO ORDERED.
Signed: August 6, 2022
Case 1:22-cv-00114-MR Document 42 Filed 08/08/22 Page 4 of 4