Maddox & Cisneros LLP v. Centers for Medicare and Medicaid Services (CMS)

D. Nevada

Maddox & Cisneros LLP v. Centers for Medicare and Medicaid Services (CMS)

DecidedDecember 2, 2024

Docket2:23-cv-00467

StatusUnknown

This text of Maddox & Cisneros LLP v. Centers for Medicare and Medicaid Services (CMS) (Maddox & Cisneros LLP v. Centers for Medicare and Medicaid Services (CMS)) is published on Counsel Stack Legal Research, covering District Court, D. Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Maddox & Cisneros LLP v. Centers for Medicare and Medicaid Services (CMS), (D. Nev. 2024).

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Opinion

1|| Norberto J. Cisneros, Esq., NV Bar No. 8782 Barbara M. McDonald, Esq., NV Bar No. 11651 2|| Mappox & CISNEROS LLP 1210 S. Valley View Blvd., Suite 202 3|| Las Vegas, Nevada 89102 4 Telephone: (702) 366-1900 Facsimile: (702) 366-1999 5, || Attorneys for Plaintiff 6 UNITED STATES DISTRICT COURT 7 DISTICT OF NEVADA

9 profession corporations, ORDER GRANTING PLAINTIFF'S 10 Plaintiff MOTION FOR DISTRIBUTION OF INTERPLEADER FUNDS vs. [ECF No. 26] 3 CENTERS FOR MEDICARE AND MEDICAID 8 3 a SERVICES, a Federal entity, DIGNITY HEALTH d/b/a/ SAINT ROSE DOMINICAN HOSPITAL, q pe 14|}4 foreign non-profit corporation; SOUTHERN 3 a = NEVADA MEDICAL GROUP, LTD, a domestic 15 || entity, SIMON MED IMAGING, INC., a foreign a> entity, DESERT ORTHOPAEDIC CENTER, 222 16||LTD.,a domestic entity, DANIEL L. BURKHEAD, 3 Ss 2 M._D., LTD. d/b/a/ INNOVATIVE PAIN 17|| CENTER, a Nevada corporation; JEFFREY GROSS < S 18 BILLING COMPANY, a domestic corporation; 4 CENTENNIAL MEDICAL GROUP, a domestic 19 limited-hability partnership; CENTENNIAL SURGERY CENTER, a Nevada business entity; 20 || ADVANCED ORTHOPEDICS AND SPORTS MEDICINE, a domestic entity, LOUIS ESTRADA, 21 || an individual, HAYDEE ESTRADA, an individual; DOE CORPORATIONS 1-50; and ROE 22|| INDIVIDUALS 1-50, 23 Defendants 24 25 %G Plaintiff MADDOX & CISNEROS LLP’s motion for distribution of interpleader funds 27 || came before the Honorable Cristina D. Silva, on June 18, 2024. Appearing for MADDOX & 28 || CISNEROS LLP, was Norberto J. Cisneros, Esq., of the law firm, MADDOX & CISNEROS LLP.

1 ECF No. 33. Appearing for defendant JEFFREY GROSS BILLING COMPANY was Kristina 2 R. Weller, Esq., of Richard Harris Law Firm. No other parties were in attendance. Id. 3 The Court, having reviewed the pleadings on file, and upon listening to arguments of counsel, 4 and good cause appearing therefore: 5 The Court finds the following facts applicable to this matter. 6 Defendant LOUIS ESTRADA reached a settlement with State Farm Insurance for his claims in the 7 amount of twenty-five thousand dollars ($25,000.00) and executed the Release of All Claims on 8 March 25, 2022. 9 Defendant HAYDEE ESTRADA reached a settlement with State Farm Insurance for her 10 claims in the amount of twenty-five thousand dollars ($25,000.00) and executed the Release of All 11 Claims on March 25, 2022. 12 Plaintiff’s attorney liens were perfected on November 30, 2021. 13 Defendant CENTERS FOR MEDICARE AND MEDICAID SERVICES has a valid lien against 14 proceeds and filed an Answer on May 3, 2023. 15 Defendant SOUTHERN NEVADA MEDICAL GROUP, LTD has a valid lien against 16 proceeds and filed an Answer on July 21, 2023. 17 Defendant ADVANCED ORTHOPEDICS AND SPORTS MEDICINE, LTD has a valid 18 lien against proceeds and filed an Answer on July 21, 2023. 19 Defendant DANIEL L. BURKHEAD, M.D., LTD. d/b/a/ INNOVATIVE PAIN 20 CENTER has a valid lien against proceeds and filed an Answer on July 21, 2023. 21 Defendant JEFFREY GROSS BILLING COMPANY has a valid lien against proceeds and 22 filed an Answer on July 21, 2023. 23 Defendant CENTENNIAL MEDICAL GROUP has a valid lien against proceeds and filed 24 an Answer on May 8, 2023. 25 Defendant CENTENNIAL SURGERY CENTER has a valid lien against proceeds and filed 26 an Answer on May 8, 2023. 27 28 1 All remaining defendants have been properly served, and defaults have been entered against 2|| them, as follows: ; 4 DIGNITY HEALTH d/b/a/ March 20, 2023 Default Entered SAINT ROSE DOMINICAN August 3, 2023 5 HOSPITAL 6 SIMON MED IMAGING, INC. March 20, 2023 Default Entered 7 August 3, 2023

8 DESERT ORTHOPAEDIC Febmary 17, 2023 Default Entered CENTER, LTD. August 3, 2023 LOUIS ESTRADA February 17, 2023 Default Entered 10 August 3, 2023

~ ||. PHAYDEE ESTRADA February 17, 2023 Default Entered 8 12 August 3, 2023 a3 Fa S 13 ra 3 5 14 THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED a. 5 Z 15||that plaintiffs motion for distribution of interpleader funds is GRANTED with distribution oF Sm & . 5 16 || as follows: S647 Under Edward J. Achrem v. Expressway Plaza Ltd. Pshp., 917 P.2d 447, 450 (Nev. 1996), ao 4a 18 || “[w]hen a client assigns rights to the proceeds of a tort action to a creditor, those proceeds no 19 || longer belong to the client.” Therefore, defendants Louis Estrada and Haydee Estrada are not 20 || entitled to any portion of their settlements. 21 MADDOX & CISNEROS, LLP and the answering defendants are awarded the 22 || settlement funds in accordance with them pro-rata amounts as follows: 23 Re: Louis Estrada 24 Provider Lien Pro-rata amount to Amount be awarded 25 PLAINTIFF, for Attorney Fees and Costs $9,050.87 $9,050.87 76 $25,634.78 $12,526.90 SOUTHERN NEVADA MEDICAL GROUP, LTD $2,175.00 $1,066.51 28

1 DANIEL L. BURKHEAD, M_D., LTD. 5 d/b/a/ INNOVATIVE PAIN CENTER $1,360.00 $666.88

3 ADVANCED ORTHOPEDICS AND 4 SPORTS MEDICINE $3,444.16 $1,688.84 $41,664.81 $25,000.00 6 Re: Haydee Estrada 7 Provider Lien Pro-rata amount to Amount be awarded 8 PLAINTIFF, for Attorney Fees and Costs $9,007.77 $9,007.77 ° $4,619.79 $3,263.68 10 SOUTHERN NEVADA MEDICAL GROUP, LTD $2,025.00 $1,430.57 11 DANIEL L. BURKHEAD, M.D., LTD. 2° 12 d/b/a/ INNOVATIVE PAIN CENTER $800.00 $565.17 43 8 n = EFFREY GROSS BILLING COMPANY $13,050.00 $9,219.26 =o ass 14 3 CENTENNIAL MEDICAL GROUP $1,349.98 $953.70 $22 15 CENTENNIAL SURGERY CENTER $792.48 $559.85 $31,645.05 $25,000.00 S47 MADDOX & CISNEROS, LLP is hereby discharged from this action and is fully ao 18 || discharged from all liability to defendants, and each of the defendants and real parties in interest ZN 8 ty 19|| shall be restrained from institution any action against MADDOX & CISNEROS, LLP, for 20 || recovery of the amount of said settlement or any part thereof. 1 The Clerk of Court is kindly directed to close this case. “ 2? Dated: December 2, 2024 23 □□ 9A Cu D. Silva U i d States District Judge 25 26 27 28

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1|| Norberto J. Cisneros, Esq., NV Bar No. 8782 Barbara M. McDonald, Esq., NV Bar No. 11651 2|| Mappox & CISNEROS LLP 1210 S. Valley View Blvd., Suite 202 3|| Las Vegas, Nevada 89102 4 Telephone: (702) 366-1900 Facsimile: (702) 366-1999 5, || Attorneys for Plaintiff 6 UNITED STATES DISTRICT COURT 7 DISTICT OF NEVADA

9 profession corporations, ORDER GRANTING PLAINTIFF'S 10 Plaintiff MOTION FOR DISTRIBUTION OF INTERPLEADER FUNDS vs. [ECF No. 26] 3 CENTERS FOR MEDICARE AND MEDICAID 8 3 a SERVICES, a Federal entity, DIGNITY HEALTH d/b/a/ SAINT ROSE DOMINICAN HOSPITAL, q pe 14|}4 foreign non-profit corporation; SOUTHERN 3 a = NEVADA MEDICAL GROUP, LTD, a domestic 15 || entity, SIMON MED IMAGING, INC., a foreign a> entity, DESERT ORTHOPAEDIC CENTER, 222 16||LTD.,a domestic entity, DANIEL L. BURKHEAD, 3 Ss 2 M._D., LTD. d/b/a/ INNOVATIVE PAIN 17|| CENTER, a Nevada corporation; JEFFREY GROSS < S 18 BILLING COMPANY, a domestic corporation; 4 CENTENNIAL MEDICAL GROUP, a domestic 19 limited-hability partnership; CENTENNIAL SURGERY CENTER, a Nevada business entity; 20 || ADVANCED ORTHOPEDICS AND SPORTS MEDICINE, a domestic entity, LOUIS ESTRADA, 21 || an individual, HAYDEE ESTRADA, an individual; DOE CORPORATIONS 1-50; and ROE 22|| INDIVIDUALS 1-50, 23 Defendants 24 25 %G Plaintiff MADDOX & CISNEROS LLP’s motion for distribution of interpleader funds 27 || came before the Honorable Cristina D. Silva, on June 18, 2024. Appearing for MADDOX & 28 || CISNEROS LLP, was Norberto J. Cisneros, Esq., of the law firm, MADDOX & CISNEROS LLP.

1 ECF No. 33. Appearing for defendant JEFFREY GROSS BILLING COMPANY was Kristina 2 R. Weller, Esq., of Richard Harris Law Firm. No other parties were in attendance. Id. 3 The Court, having reviewed the pleadings on file, and upon listening to arguments of counsel, 4 and good cause appearing therefore: 5 The Court finds the following facts applicable to this matter. 6 Defendant LOUIS ESTRADA reached a settlement with State Farm Insurance for his claims in the 7 amount of twenty-five thousand dollars ($25,000.00) and executed the Release of All Claims on 8 March 25, 2022. 9 Defendant HAYDEE ESTRADA reached a settlement with State Farm Insurance for her 10 claims in the amount of twenty-five thousand dollars ($25,000.00) and executed the Release of All 11 Claims on March 25, 2022. 12 Plaintiff’s attorney liens were perfected on November 30, 2021. 13 Defendant CENTERS FOR MEDICARE AND MEDICAID SERVICES has a valid lien against 14 proceeds and filed an Answer on May 3, 2023. 15 Defendant SOUTHERN NEVADA MEDICAL GROUP, LTD has a valid lien against 16 proceeds and filed an Answer on July 21, 2023. 17 Defendant ADVANCED ORTHOPEDICS AND SPORTS MEDICINE, LTD has a valid 18 lien against proceeds and filed an Answer on July 21, 2023. 19 Defendant DANIEL L. BURKHEAD, M.D., LTD. d/b/a/ INNOVATIVE PAIN 20 CENTER has a valid lien against proceeds and filed an Answer on July 21, 2023. 21 Defendant JEFFREY GROSS BILLING COMPANY has a valid lien against proceeds and 22 filed an Answer on July 21, 2023. 23 Defendant CENTENNIAL MEDICAL GROUP has a valid lien against proceeds and filed 24 an Answer on May 8, 2023. 25 Defendant CENTENNIAL SURGERY CENTER has a valid lien against proceeds and filed 26 an Answer on May 8, 2023. 27 28 1 All remaining defendants have been properly served, and defaults have been entered against 2|| them, as follows: ; 4 DIGNITY HEALTH d/b/a/ March 20, 2023 Default Entered SAINT ROSE DOMINICAN August 3, 2023 5 HOSPITAL 6 SIMON MED IMAGING, INC. March 20, 2023 Default Entered 7 August 3, 2023

8 DESERT ORTHOPAEDIC Febmary 17, 2023 Default Entered CENTER, LTD. August 3, 2023 LOUIS ESTRADA February 17, 2023 Default Entered 10 August 3, 2023

~ ||. PHAYDEE ESTRADA February 17, 2023 Default Entered 8 12 August 3, 2023 a3 Fa S 13 ra 3 5 14 THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED a. 5 Z 15||that plaintiffs motion for distribution of interpleader funds is GRANTED with distribution oF Sm & . 5 16 || as follows: S647 Under Edward J. Achrem v. Expressway Plaza Ltd. Pshp., 917 P.2d 447, 450 (Nev. 1996), ao 4a 18 || “[w]hen a client assigns rights to the proceeds of a tort action to a creditor, those proceeds no 19 || longer belong to the client.” Therefore, defendants Louis Estrada and Haydee Estrada are not 20 || entitled to any portion of their settlements. 21 MADDOX & CISNEROS, LLP and the answering defendants are awarded the 22 || settlement funds in accordance with them pro-rata amounts as follows: 23 Re: Louis Estrada 24 Provider Lien Pro-rata amount to Amount be awarded 25 PLAINTIFF, for Attorney Fees and Costs $9,050.87 $9,050.87 76 $25,634.78 $12,526.90 SOUTHERN NEVADA MEDICAL GROUP, LTD $2,175.00 $1,066.51 28

1 DANIEL L. BURKHEAD, M_D., LTD. 5 d/b/a/ INNOVATIVE PAIN CENTER $1,360.00 $666.88

3 ADVANCED ORTHOPEDICS AND 4 SPORTS MEDICINE $3,444.16 $1,688.84 $41,664.81 $25,000.00 6 Re: Haydee Estrada 7 Provider Lien Pro-rata amount to Amount be awarded 8 PLAINTIFF, for Attorney Fees and Costs $9,007.77 $9,007.77 ° $4,619.79 $3,263.68 10 SOUTHERN NEVADA MEDICAL GROUP, LTD $2,025.00 $1,430.57 11 DANIEL L. BURKHEAD, M.D., LTD. 2° 12 d/b/a/ INNOVATIVE PAIN CENTER $800.00 $565.17 43 8 n = EFFREY GROSS BILLING COMPANY $13,050.00 $9,219.26 =o ass 14 3 CENTENNIAL MEDICAL GROUP $1,349.98 $953.70 $22 15 CENTENNIAL SURGERY CENTER $792.48 $559.85 $31,645.05 $25,000.00 S47 MADDOX & CISNEROS, LLP is hereby discharged from this action and is fully ao 18 || discharged from all liability to defendants, and each of the defendants and real parties in interest ZN 8 ty 19|| shall be restrained from institution any action against MADDOX & CISNEROS, LLP, for 20 || recovery of the amount of said settlement or any part thereof. 1 The Clerk of Court is kindly directed to close this case. “ 2? Dated: December 2, 2024 23 □□ 9A Cu D. Silva U i d States District Judge 25 26 27 28

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Maddox & Cisneros LLP v. Centers for Medicare and Medicaid Services (CMS), Counsel Stack Legal Research, https://law.counselstack.com/opinion/maddox-cisneros-llp-v-centers-for-medicare-and-medicaid-services-cms-nvd-2024.

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