Barbieri v. 21st Century Oncology Holdings, Inc.
Plaintiff: Barbieri and Mary Barbieri
Defendant: 21st Century Oncology Holdings, Inc.
Case Number: 2:2016cv00252
Filed: April 4, 2016
Court: US District Court for the Middle District of Florida
Office: Ft. Myers Office
County: Lee
Presiding Judge: Mac R McCoy
Referring Judge: John E Steele
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1330
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 16, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 16, 2019 Filing 31 JUDGMENT (Signed by Deputy Clerk) (drn)
August 16, 2019 Filing 30 Case Reassigned to Judge John E. Steele. New case number: 2:16-cv-252-FtM-29MRM. Judge Unassigned Judge no longer assigned to the case. (laf)
August 16, 2019 Opinion or Order Filing 29 ORDER directing the Clerk to enter judgment dismissing the case without prejudice as of May 2, 2019, and close the file. Signed by Judge John E. Steele on 8/16/2019. (RKR)
October 12, 2016 Filing 28 TRANSFER to Tampa Division Division and assigned case number 8:16-cv-2902-T-35AEP. (AG)
October 12, 2016 Filing 27 MULTIDISTRICT LITIGATION panel order transferring case to: Middle District of Florida - Tampa Division Transferee court case number: 8:16-cv-2902-T-35AEP MDL case number: 2737. (AG)
August 11, 2016 Cases associated: Create association to 2:16-cv-00210-UA-MRM. (AG)
August 11, 2016 Remark: All future case papers will be entered on the docket sheet for Case No: 2:16-cv-210-FtM-99MRM only and will be filed in that case file. (drn)
August 10, 2016 Opinion or Order Filing 26 OPINION AND ORDER adopting Report and Recommendation; granting in part and denying in part Motions to Consolidate; denying as moot all other pending motions with leave to re-file in the consolidated case within fourteen days of this Opinion and Order. The Clerk is directed to consolidate the cases as set forth in the Report and Recommendation. See Opinion and Order for details. Signed by Judge John E. Steele on 8/10/2016. (AMB)
July 21, 2016 Filing 25 REPORT AND RECOMMENDATION recommending that the Motions to Consolidate in Schwartz et al. v. 21st Century Oncology Holdings, Inc., Case No. 2:16-cv-00241-UA-MRM, (Doc. 7) and Russell v. 21st Century Oncology Holdings, Inc., Case No. 2:16-cv-00242-JES-MRM, (Doc. 7) be granted in part and denied in part; recommending that the related cases be consolidated for all pretrial proceedings; recommending that the related cases proceed under the first-filed related case - Case No. 2:16-cv-00210-UA-MRM; and recommending that the Court deny all other pending motions in the related cases as moot without prejudice to being re-filed in the consolidated case, No. 2:16-cv-00210-UA-MRM. See Report and Recommendation for further details. Signed by Magistrate Judge Mac R. McCoy on 7/21/2016. (JTM)
May 16, 2016 Opinion or Order Filing 24 ORDER referring plaintiffs' Motions to Consolidate Cases and Motions for Appointment of Interim Class Counsel to the Honorable Mac R. McCoy. See Order for details. Signed by Judge John E. Steele on 5/16/2016. (AMB)
May 13, 2016 Opinion or Order Filing 23 ORDER granting #22 the Joint Motion to Reset Case Management and Other Imminent Deadlines Pending Consolidation of Related Cases and Appointment of Interim Class Counsel. The Court holds in abeyance all case management deadlines. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 5/13/2016. (JTM)
May 12, 2016 Filing 22 JOINT MOTION for miscellaneous relief, specifically to Reset Case Management and Other Imminent Deadlines Pending Consolidation of Related Cases and Appointment of Interim Class Counsel by 21st Century Oncology Holdings, Inc. and Mary Barbieri. (Linscott, Jerry) Modified on 5/13/2016 to add filer and edit docket text (SLU).
May 4, 2016 Filing 21 NOTICE of Filing Notice of Updated Version of [Proposed] Order Appointing Interim Class Counsel by Robert C. Gilbert (Attachments: #1 Exhibit (Notice of Filing Updated Version of [Proposed] Order Appointing Interim Class Counsel))(Gilbert, Robert) Modified on 5/5/2016 to edit docket text (SLU).
April 28, 2016 Filing 20 CERTIFICATE of interested persons and corporate disclosure statement re #10 Interested persons order by Mary Barbieri. (Jasinski, Mathew)
April 28, 2016 Filing 19 NOTICE of pendency of related cases re #9 Related case order and track 2 notice per Local Rule 1.04(d) by Mary Barbieri. Related case(s): yes (Jasinski, Mathew)
April 21, 2016 Opinion or Order Filing 18 ORDER granting #11 the Unopposed Motion for Admission Pro Hac Vice and Written Designation and Consent to Act. Unless already completed, within 14 days, attorneys Jodi Westbrook Flowers and Mathew P. Jasinski shall send to the Clerk's Office, the application for special admission to practice along with the required application fee. The Clerk is directed to add Jodi Westbrook Flowers and Mathew P. Jasinski to the service list. Within 14 days, Counsel shall register for CM/ECF. Signed by Magistrate Judge Mac R. McCoy on 4/21/2016. (JTM)
April 21, 2016 Filing 17 Case reassigned to Magistrate Judge Mac R. McCoy. New case number: 2:16-cv-252-FtM-99MRM. (drn) Motions referred to Magistrate Judge Mac R. McCoy.
April 20, 2016 Opinion or Order Filing 16 ORDER of recusal. Magistrate Judge Carol Mirando recused. This case shall be transferred to the next assigned Magistrate Judge in the Fort Myers Division. Signed by Magistrate Judge Carol Mirando on 4/20/2016. (LS)
April 19, 2016 Opinion or Order Filing 15 ENDORSED ORDER granting #14 Defendant's Unopposed Motion for Extension of Deadline to Answer or Otherwise Respond to Plaintiff's Complaint. For good cause shown and because the motion is unopposed, Defendant's deadline to respond to the complaint is stayed pending a resolution of the motion to consolidate and until the parties can submit proposed scheduling deadlines. Signed by Magistrate Judge Carol Mirando on 4/19/2016. (LS)
April 19, 2016 Filing 14 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by 21st Century Oncology Holdings, Inc.. (Linscott, Jerry) Motions referred to Magistrate Judge Carol Mirando.
April 19, 2016 Filing 13 CERTIFICATE of interested persons and corporate disclosure statement re #10 Interested persons order by 21st Century Oncology Holdings, Inc.. (Linscott, Jerry)
April 19, 2016 Filing 12 NOTICE of pendency of related cases re #9 Related case order and track 2 notice per Local Rule 1.04(d) by 21st Century Oncology Holdings, Inc.. Related case(s): yes (Linscott, Jerry)
April 19, 2016 Filing 11 Unopposed MOTION for Jodi Westbrook Flowers and Mathew P. Jasinski to appear pro hac vice by Mary Barbieri. (Gilbert, Robert) Motions referred to Magistrate Judge Carol Mirando.
April 15, 2016 Filing 10 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 4/29/2016. Signed by All Divisional Judges on 4/15/2016. (WRW)
April 14, 2016 Filing 9 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 4/28/2016. Signed by All Divisional Judges on 4/14/2016. (WRW)
April 13, 2016 Filing 8 POSSIBLE MDL Tag Along case for MDL. Information emailed to MDL Panel on 4/13/16, including cover letter, copy of complaint, and docket sheet. (Attachments: #1 Complaint, #2 Docket Sheet) (drn)
April 7, 2016 Filing 7 NOTICE by Mary Barbieri of Filing Motion for Appointment of Interim Class Counsel (Attachments: #1 Main Document Motion for Appointment of Interim Class Counsel)(Gilbert, Robert)
April 7, 2016 Filing 6 MOTION to Appoint Counsel Motion for Appointment of Interim Class Counsel and Incorporated Memorandum of Law by Mary Barbieri. (Attachments: #1 Exhibit A (Decl of Keller Rohrback), #2 Exhibit B (Decl of Girard Gibbs), #3 Exhibit C (Decl of Motley Rice), #4 Exhibit D (Decl of Kaplan Fox), #5 Exhibit E (Decl KO), #6 Exhibit F (Decl of Lieff Cabraser), #7 Text of Proposed Order G (Proposed Order))(Gilbert, Robert) Motions referred to Magistrate Judge Carol Mirando.
April 7, 2016 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Jodi Westbrook Flowers, appearing on behalf of Mary Barbieri (Filing fee $150 receipt number FtM009191.). (drn)
April 7, 2016 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Mathew P. Jasinski, appearing on behalf of Mary Barbieri (Filing fee $150 receipt number FtM009192.). (drn)
April 6, 2016 Filing 5 STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 4/6/2016. (drn)
April 6, 2016 Filing 4 RETURN of service executed on 4/5/16 by Mary Barbieri as to 21st Century Oncology Holdings, Inc. (Ramunni, Steven) Modified on 4/6/2016 to edit docket text and filing event (drn).
April 5, 2016 Filing 3 SUMMONS issued as to 21st Century Oncology Holdings, Inc.(drn)
April 5, 2016 Opinion or Order Filing 2 ORDER of recusal. The Honorable Sheri Polster Chappell is hereby RECUSED from the instant case. The Clerk of the Court is directed to reassign the case to another United States District Judge. Signed by Judge Sheri Polster Chappell on 4/5/2016. (LMF)
April 4, 2016 Filing 1 CLASS ACTION COMPLAINT against 21st Century Oncology Holdings, Inc. with Jury Demand (Filing fee $400 receipt number FTM009164) filed by Mary Barbieri. (Attachments: #1 Civil Cover Sheet)(RMT)

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Plaintiff: Barbieri
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Plaintiff: Mary Barbieri
Represented By: Joseph F. Rice
Represented By: Robert Cecil Gilbert
Represented By: Steven A. Ramunni
Represented By: Jodi Westbrook Flowers
Represented By: Mathew Jasinski
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Defendant: 21st Century Oncology Holdings, Inc.
Represented By: Jerry Ray Linscott
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