Nview Health, Inc. v. Sheehan
| NVIEW HEALTH, INC. |
| DAVID V. SHEEHAN, M.D. and David V. Sheehan |
| 8:2021cv00385 |
| February 18, 2021 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Thomas G Wilson |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on December 19, 2022. A more recent docket listing may be available from PACER.
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Filing 25
CASE MANAGEMENT REPORT. (Kunin, Lawrence)
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Filing 24
ENDORSED ORDER denying Defendant Sheehan's motion for adjournment of the case management report submission deadline and for a partial stay of discovery. (Doc. #23). While the Court appreciates Defendant Sheehan's discovery-related concerns, the Court has an independent obligation to move its cases forward. Staying the case management report deadline and discovery while the Court rules on a motion to dismiss does not serve that goal. Furthermore, Plaintiff Nview Health, Inc. opposes the relief requested. Accordingly, the motion is denied. Signed by Judge Virginia M. Hernandez Covington on 4/7/2021. (LEA)
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Filing 23
MOTION to Stay Discovery Defendant's Motion for Adjournment of the Case Management Order Submission Deadline and for a Partial Stay of Discovery by David V. Sheehan. (Fernandez, Jack)
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Filing 22
MOTION to Dismiss for Failure to State a Claim and Memorandum of Law in Support by David V. Sheehan. (Attachments: #1 Exhibit Notice of Default, #2 Exhibit Nview Unanimous Consent, #3 Exhibit Nview Bylaws, #4 Exhibit Feb. 2016 Term Sheet, #5 Exhibit Aug. 2016 Term Sheet, #6 Exhibit RWS Correspondence)(Fernandez, Jack)
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Filing 21
ENDORSED ORDER granting the unopposed motion concerning anticipated briefing of defense motion to dismiss. (Doc. #19). Defendant Sheehan may file a motion to dismiss of no more than thirty pages. Plaintiff Nview Health, Inc. may file a response in opposition of no more than twenty-five pages by April 30, 2021. Signed by Judge Virginia M. Hernandez Covington on 3/26/2021. (LEA)
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Filing 20
NOTICE of Appearance by Daniella Renee Sterns on behalf of David V. Sheehan. (Sterns, Daniella)
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Filing 19
Unopposed MOTION for Miscellaneous Relief, specifically (1) extension to the briefing page limits and (2) an extension of time for the opposition brief. Unopposed Motion Concerning Anticipated Briefing of Defense Motion to Dismiss by David V. Sheehan. (Fernandez, Jack)
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Filing 18
ORDER granting #16 defendant's Unopposed Motion for Daniel P. Moylan to Appear Pro Hac Vice. Signed by Magistrate Judge Thomas G. Wilson on 3/25/2021. (DMS)
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Filing 17
NOTICE to counsel Daniella Sterns of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov. (Signed by Deputy Clerk). (BES)
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Filing 16
Unopposed MOTION for Daniel P. Moylan to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-18035578 for $150 AND MEMORANDUM OF LAW PURSUANT TO LOCAL RULE 2.01 by David V. Sheehan. (Attachments: #1 Exhibit Designation and Consent to Act)(Fernandez, Jack) Motions referred to Magistrate Judge Thomas G. Wilson.
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Filing 15
NOTICE of Appearance of Daniella Sterns on Behalf of Defendant David Sheehan Appearance by Jack E. Fernandez, Jr on behalf of David V. Sheehan (Fernandez, Jack)
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Filing 14
NOTICE of Appearance by Jack E. Fernandez, Jr on behalf of David V. Sheehan (Fernandez, Jack)
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Filing 13
ENDORSED ORDER: The Court has reviewed the parties' stipulation concerning time for a responsive pleading. (Doc. #11). Defendant Sheehan may have through March 31, 2021, to file a responsive pleading. However, the Court reminds the parties that all applications to the Court requesting relief in any form must be filed in the form of a motion. Accordingly, the parties are directed to file future requests for extension in the form of a motion. Signed by Judge Virginia M. Hernandez Covington on 3/5/2021. (LEA)
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Filing 12
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by April 8, 2021, file a completed Case Management Report. The Court believes that six to eight months is a sufficient period of time to conduct discovery in the vast majority of cases. If the parties believe that more than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. After the Case Management Report is filed, the Court will determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 3/4/2021. (LEA)
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Filing 11
STIPULATION re #1 Complaint CONCERNING TIME FOR RESPONSIVE PLEADING by Nview Health, Inc.. (Kunin, Lawrence)
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Filing 10
Entered in error (TWL).
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Filing 9
NOTICE of Local Rule 3.03, which requires each party to file a disclosure statement with the first appearance that identifies (1) each person that has or might have an interest in the outcome, (2) each entity with publicly traded shares or debt potentially affected by the outcome, (3) each additional entity likely to actively participate, and (4) each person arguably eligible for restitution. The disclosure statement must include this certification - I certify that, except as disclosed, I am unaware of an actual or potential conflict of interest affecting the district judge or the magistrate judge in this action, and I will immediately notify the judge in writing within fourteen days after I know of a conflict. (Signed by Deputy Clerk). (TWL)
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Filing 8
NOTICE of Local Rule 1.07(c), which requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District. (Signed by Deputy Clerk). (TWL)
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Filing 7
NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (TWL)
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Filing 6
ENDORSED ORDER: The Court is aware of the notice entered in this case, explaining that Local Rule 3.02(a)(2) requires the filing of a uniform case management report with forty or seventy days, depending on the circumstances of the case. However, under Local Rule 1.01(b), a judge can modify or suspend for all or part of an action the application of any rule, except Rule 1.05(a). This Court finds it beneficial to enter a fast-track scheduling order in certain categories of cases before entry of a case management and scheduling order. Additionally, in cases that are not fast-tracked, this Court finds it efficient to have the parties confer and file case management reports within 14 days after the defendant's responsive pleading is due or within 14 days after a case is removed to this Court. In light of this, the Court hereby suspends Local Rule 3.02(a)(2) in this case. At a time the Court deems appropriate, the Court will enter a further order in this case setting either a deadline to file a completed uniform case management report or various fast-track deadlines for the case. Signed by Judge Virginia M. Hernandez Covington on 2/23/2021. (TWL)
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Filing 5
NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (TWL)
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Filing 4
SUMMONS issued as to David V. Sheehan. (LNR)
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Filing 3
STANDING ORDER regarding discovery motions. Signed by Magistrate Judge Thomas G. Wilson on 2/1/2021. (DMS)
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Filing 2
NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Thomas G. Wilson. New case number: 8:21-cv-0385-VMC-TGW. (SJB)
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Filing 1
COMPLAINT against David V. Sheehan, M.D. (Filing fee $ 402 receipt number 113A-17904411) filed by Nview Health, Inc. (Attachments: #1 Exhibit A - License Agreement), #2 Exhibit B - First Amendment to License Agreement), #3 Exhibit C - Consulting Agreement, #4 Proposed Summons, #5 Civil Cover Sheet, #6 Exhibit Certificate of Interested Persons)(Kunin, Lawrence)
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