Case 2:12-cv-00160-NT Document 14 Filed 09/20/12 Page 1 of 3

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UNITED STATES DISTRICT COURT DISTRICT OF MAINE JAMES MURTAGH, M.D., Plaintiffs, vs. ST. MARY'S REGIONAL MEDICAL CENTER a/k/a ST. MARY'S HOSPITAL, ST. MARYS HEALTH SYSTEM, and IRA SHAPIRO, M.D., Defendants. ) ) ) ) ) ) ) ) ) ) )

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

CONSENT MOTION FOR AN ENLARGEMENT OF TIME TO FILE AN ANSWER OR OTHER RESPONSIVE PLEADING Defendants St Mary's Regional Medical Center a/k/a St. Mary's Hospital, St. Mary's Health System, and Ira Shapiro, M.D. (Defendants) move the Court for a thirty-day enlargement of time, until October 26, 2012, to serve an answer or other responsive pleading to the Complaint filed by James Murtagh, M.D. (the Plaintiff). 1. The Complaint filed by the Plaintiff sets forth claims for Declaratory Relief,

Tortious Interference With Contracts or Prospective Economic Advantage, Defamation And False Light, Breach of Contract, Promissory Estoppel, Enforcement of Rights of Third Party Beneficiary Under Conditions To Eligibility for Medicare Reimbursement, and Enforcement of Rights of Third Party Beneficiary of Contract. Counsel for the Defendants has only recently been retained and will need a reasonable time to investigate the claims asserted, to speak with opposing counsel, and to prepare a thorough response to the Complaint. 2. Motion. Joseph Bird, counsel for the Plaintiff, consents to the granting of this Consent

Case 2:12-cv-00160-NT Document 14 Filed 09/20/12 Page 2 of 3

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WHEREFORE, the Defendants respectfully request an extension to and until October 26, 2012 to file an answer or other responsive pleading or for such other relief as may be appropriate. Dated this 20th day of September, 2012. Respectfully submitted, /s/ David A. Soley David A. Soley (Maine Bar No. 6799) Ronald W. Schneider, Jr. (Maine Bar No. 8402) Travis M. Brennan (Maine Bar No. 4525) BERNSTEIN SHUR 100 Middle Street P.O. Box 9729 Portland, Maine 04104-5029 Telephone: (207) 774-1200 Facsimile: (207) 774-1127 Email: dsoley@bernsteinshur.com James L. Jones (pro hac vice) Mississippi Bar No. 3214 BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC Meadowbrook Office Park 4268 I-55 North Jackson, Mississippi 39211 Telephone: (601) 351-2400 Facsimile: (601) 351-2424 Email: jjones@bakerdonelson.com Counsel of Defendants St. Marys Regional Medical Center a/k/a St. Marys Hospital, St. Marys Health System, and Ira Shapiro

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Case 2:12-cv-00160-NT Document 14 Filed 09/20/12 Page 3 of 3

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CERTIFICATE OF SERVICE This is to certify that I have on this day served all parties in this case in accordance with the directives from the Electronic Court Filing ("ECF") System which was generated as a result of electronic filing to all counsel listed below:

Brian Mahaney, Esq. Joseph Bird, Esq. Bethany Kroe, Esq. MAHANEY & ERTL, LLC 1442 N. Farwell Avenue, Suite 604 Milwaukee, Wisconsin 53202 (248)909-4235 jbird@mahanyertl.com DATED: September 20, 2012. /s/ David A. Soley DAVID A. SOLEY

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