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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE PORTLAND DIVISION
JAMES MURTAGH, M.D., Plaintiff,
VS.

CASE NO. 2:12-CV-00160-NT

ST. MARY'S REGIONAL MEDICAL CENTER a/k/a ST. MARY'S HOSPITAL, ST. MARY'S HEALTH SYSTEM, and IRA SHAPIRO, M.D., Defendants.

DEFENDANTS' CONSENT MOTION FOR ADDITIONAL TIME TO FILE A RESPONSIVE PLEADING TO PLAINTIFF'S FIRST AMENDED COMPLAINT
Defendants St. Mary's Regional Medical Center ("St. Mary's" or "Hospital"), St. Mary's Health System ("Health System"), and Ira Shapiro, M.D. ("Dr. Shapiro")(collectively, the "Defendants") move the Court for an extension of time, until November 27, 2012, to serve an answer or other responsive pleading to the First Amended Complaint filed by James Murtagh, M.D. ("Dr. Murtagh"). 1. On September 5, 2012, Dr. Murtagh served his Summons and Complaint (the

"Complaint") on each of the Defendants, asserting the following causes of action: Count One Action for Declaratory Relief Under 8 U.S.C. 2201, et seq., and 14 M.S.R.A. 5951, et seq.; Count Two Tortious Interference with Contracts or Prospective Economic Advantage; Count Three Defamation and False Light; Count Four Breach of Contract; Count 5 Promissory Estoppel; Count 6 Enforcement of Rights of Third Party Beneficiary Under Conditions to Eligibility for Medicare Reimbursements; and Count 7 Enforcement of Rights of Third Party Beneficiary of Contract with Vista. (Dkt. # 1).

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2.

On October 17, 2012, Defendants filed a Rule 12(b)(6) Motion to Dismiss,

seeking dismissal of all the Complaint's causes of action. (Dkt. # 21). 3. On October 30, 2012, rather than responding to Defendants' Motion to Dismiss,

Dr. Murtagh amended his Complaint and filed Plaintiff's First Amended Complaint and Jury Demand. (the "First Amended Complaint") (Dkt. # 22). 4. In his First Amended Complaint, Dr. Murtagh sets forth new claims for Breach of

Tri-Party Contract which refers to a different contract than the one that was the subject of the original Complaint's Breach of Contract claim (Count One); Violation of Title 26, Section 630 which is a statutory claim relating to alleged termination of employment rights (Count Five); and Retaliation against Whistleblower & Wrongful Discharge (Count Six). He dismisses and does not reassert a claim for Declaratory Relief, Breach of Contract (Medical Staff Bylaws), and Promissory Estoppel. (See id.). Finally, Dr. Murtagh asserts several new and different factual allegations in support of all of the claims in the First Amended Complaint. (See id.). 5. At present, Defendants' response to the First Amended Complaint is due on

November 13, 2012. Defendants need a reasonable time to investigate the new and different facts and claims asserted and to prepare a proper response, which at this time is anticipated to be an additional Motion to Dismiss. In addition, both counsel for Defendants currently have pressing litigation matters which make the current November 13, 2012, deadline very difficult to meet. 6. Plaintiff's counsel consents to the extension of time.

THEREFORE, the Defendants respectfully request an extension of time until November 27, 2012, to file an answer or other responsive pleading or for such other relief as may be appropriate. 2
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Respectfully submitted, this the 31st day of October, 2012. /s/ Ronald W Schneider, Jr. Ronald W. Schneider, Jr., Bar No. 8402 David A. Soley, Bar No. 6799 Travis M. Brennan, Bar No. 4525 BERNSTEIN SHUR 100 Middle Street P.O. Box 9729 Portland, ME 04104-5029 Telephone: (207) 774-1200 Email: rschneider@bernsteinshur.com dsoley@bernsteinshur.com tbrennan@bernsteinshur.com /s/ James L. Jones James L. Jones, MS Bar No. 3214 (pro hac vice) BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC Meadowbrook Office Park 4268 1-55 North Jackson, Mississippi 39211 Telephone: (601) 351-2400 Facsimile: (601) 351-2424 E-mail: jjones@bakerdonelson.com ATTORNEYS FOR DEFENDANTS

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CERTIFICATE OF SERVICE
I, James L. Jones, on behalf of the Defendants do hereby certify that I have served all parties in this case in accordance with the directives from the Electronic Court Filing ("ECF") which was generated as a result of electronic filing to all counsel listed below: Brian Mahaney Joseph Bird Bethany Kroe MAHANEY & ERTL, LLC 1442 N. Farwell Avenue, Suite 604 Milwaukee, WI 53202 E-mail: brian@mahanyertl.com E-mail: jbird@mahanyertl.com Attorneys for Plaintiff DATED: October 31, 2012. /s/ James L. Jones JAMES L. JONES (pro hac vice)

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