64447109;1

IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 20-CV-61007-AHS

SOUTH BROWARD HOSPITAL

DISTRICT, D/B/A MEMORIAL

HEALTHCARE SYSTEM,

on its own behalf and on

behalf of other similarly

situated healthcare facilities,

Plaintiff,

v s.

ELAP SERVICES, LLC, a Pennsylvania limited 

liability company, and GROUP & PENSION 

ADMINISTRATORS, INC. a Texas corporation,

Defendants

_______________________________________/

DEFENDANTS’ RESPONSE TO PLAINTIFF’S STATUS REPORT

Defendants, ELAP Services, LLC, and Group & Pension Administrators, Inc., file this response 

to the status report filed by Plaintiff, South Broward Hospital District d/b/a Memorial Healthcare System. 

Pursuant to the Court’s Order (D.E. 120), the Plaintiff filed a Status Report (D.E. 121) and state:

Shortly after the hearing on June 29, 2022, Defendant’s counsel emailed Plaintiff’s counsel to 

advise of their availability for conferral in an effort to reach a compromise on the issues raised in 

Defendant’s Motion to Compel (D.E. 104). The complete email exchange between counsel is attached as 

Exhibit 1. Plaintiff filed its Status Report before speaking with Defendant. The Status Report indicates 

that Plaintiff was unable to obtain Defendants’ position on the Plaintiff’s counterproposal. Plaintiff was 

unable to obtain the Defendants’ position before filing the Status Report because the first time Defendant 

learned of the Counterproposal was when Defendants read about the counterproposal in the Status Report.

Counsel for Defendants called counsel for Plaintiff after Plaintiff filed the Status Report in order 

to discuss a possible compromise; however, counsel for Plaintiff was not certain of the Plaintiff’s ability 

to provide data about the goods and services for which it was reimbursed. Counsel for Plaintiff indicated 

Case 0:20-cv-61007-AHS Document 122 Entered on FLSD Docket 06/30/2022 Page 1 of 3
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that she may be able to provide more information prior to the hearing. Counsel for Defendants remain 

unable to agree to a compromise position because the Plaintiff remains unwilling or unable to explain 

what information the Plaintiff possesses concerning the goods and services for which it is reimbursed.

Dated: June 30, 2022. Respectfully submitted,

FISHERBROYLES, LLP

Irene Oria, Esq.

Fla. Bar No. 484570

199 E. Flagler St. #550

Miami, FL 33131

irene.oria@fisherbroyles.com

AKERMAN LLP

/s/ Irene Bassel Frick

Irene Bassel Frick, Esq.

Fla. Bar No.: 0158739

401 E. Jackson Street, Suite 1700

Tampa, FL 33602-5250

irene.basselfrick@akerman.com

LAVENDER HOFFMAN ALDERMAN, LLC

Kris Alderman (pro hac vice)

GA Bar No. 179645

Patrick M. Emery (pro hac vice)

GA Bar No. 821303

945 East Paces Ferry Road, NE

Suite 2000

Atlanta, GA 30326

kris.alderman@lhalawyers.com

patrick.emery@lhalawyers.com

Counsel for Defendants

Case 0:20-cv-61007-AHS Document 122 Entered on FLSD Docket 06/30/2022 Page 2 of 3
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CERTIFICATE OF SERVICE

I hereby certify that a true copy of the foregoing was served via email on June 30, 2022, on all 

counsel of record.

/s/ Irene Bassel Frick

Counsel for Defendants

Case 0:20-cv-61007-AHS Document 122 Entered on FLSD Docket 06/30/2022 Page 3 of 3