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IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

S&S HEALTHCARE STRATEGIES, 

LTD., an Ohio limited liability company,

Plaintiff,

v.

THREE RIVERS PROVIDER 

NETWORK, INC., 

 Defendant.

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Case No. 1:17-cv-00783

Judge William O. Bertelsman

STIPULATION OF PARTIES

Now come the parties, by and through and counsel, and hereby stipulate to the following:

1. Effective August 2, 2018, in connection with the sale of the Plaintiff, S&S Healthcare 

Strategies, Ltd. (“Healthcare”), all rights, entitlement, and obligations in and to all,

remedies, claims, actions and recoveries due or to become due from Defendant Three 

Rivers Provider Network, Inc. (“TRPN”), arising out of or relating to this litigation have 

been assigned by Healthcare to S&S Holdco, Inc., an Ohio corporation (“Holdco”);

2. With respect to the claims raised by TRPN against Healthcare, which are captioned as 

counterclaims and are expressly denied by Healthcare and Holdco (the “Counterclaims”), 

Healthcare and Holdco, following waiver or exhaustion of any appeal rights and any rights 

of setoff, shall be jointly and severally liable for any final judgment obtained by TRPN 

arising out of the Counterclaims;

3. Holdco shall be substituted as the party Plaintiff for Healthcare, and the case caption shall 

be amended accordingly; 

4. Despite the substitution, both Healthcare and HoldCo will be named on the jury verdict 

form as Counterclaim Defendants and/or Responsible Parties with respect to TRPN’s 

Counterclaim.

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5. Healthcare shall remain subject to and obligated by all federal and local rules of civil 

procedure regarding discovery as if Healthcare had remained a party to this litigation, 

including but not limited to Rules 26 through 37 of the Federal Rules of Civil Procedure, 

and each of the other parties shall serve discovery directed to Healthcare to the undersigned 

counsel for Healthcare; 

6. Notwithstanding the foregoing, Healthcare shall remain subject to the jurisdiction and 

rulings of this Court regarding discovery in this litigation directed to Healthcare, as if 

Healthcare had remained a party to this litigation;

7. Healthcare shall be permitted to have separate counsel present and participate in the 

defense of any deposition of any current Healthcare employees and/or any on-site 

inspection of Healthcare’s software and otherwise respond to discovery on its behalf;

and

8. The firm of Stagnaro, Saba & Patterson Co., L.P.A. and its attorneys shall be deemed to 

have withdrawn as counsel for Healthcare in this case, effective as of the date the court 

issues an order approving and adopting this stipulation. To the extent necessary, service 

of any discovery requests, notices or motions upon Healthcare is deemed perfected if made 

c/o Marcia Boyd, Esq,; BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, 

PC, Baker Donelson Center, Suite 800, 211 Commerce Street, Nashville, TN 37201, 

mboyd@bakerdonelson.com. 

Case: 1:17-cv-00783-WOB-KLL Doc #: 32 Filed: 04/11/19 Page: 2 of 3 PAGEID #: 227
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AGREED TO BY:

/s/ Peter A. Saba /s/ Maureen A. Bickley

Peter A. Saba (0055535) Maureen A. Bickley, Esq (0085075)

Jeffrey M. Nye (0082247) Stephen R. Henrick, Esq. (0090285)

Joshua M. Smith (0092360) Frost Brown Todd LLC

Stagnaro, Saba & Patterson Co., L.P.A. 3300 Great American Tower

2623 Erie Avenue 301 East Fourth Street

Cincinnati, Ohio 45208 Cincinnati, Ohio 45202

Tel: (513) 533-2701 Tel: (513) 651-6800

Fax: (513) 533-2711 Fax: (513) 651-6981

pas@sspfirm.com mbickley@fbtlaw.com

Attorneys for nominal Plaintiff Attorneys for Defendant Three 

S&S Healthcare Strategies, Ltd. and Rivers Provider Network, Inc.

substitute Plaintiff S&S Holdco, Inc.

ACKNOWLEDGED AND AGREED TO BY:

/s/ Martha Boyd

Martha Boyd, Esq. (0071550) 

BAKER, DONELSON, BEARMAN, 

CALDWELL & BERKOWITZ, PC

Baker Donelson Center

Suite 800, 211 Commerce Street

Nashville, TN 37201

Tel: ((615) 726-5652

Fax: (615) 744-5652

mboyd@bakerdonelson.com

Attorney for substituted Plaintiff 

S&S Healthcare Strategies, Ltd.

0137787.0655489 4834-0145-0643v1

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