Martinez v. NCH Healthcare System, Inc.
| Johana Martinez |
| NCH Healthcare System, Inc. |
| 2:2020cv00381 |
| May 27, 2020 |
| US District Court for the Middle District of Florida |
| Mac R McCoy |
| Nicholas P Mizell |
| John E Steele |
| P.I.: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 14, 2020. A more recent docket listing may be available from PACER.
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Filing 37
OPINION AND ORDER remanding the case to the Collier County Circuit Court. The Clerk shall transmit a certified copy of this Order to the Clerk of that Court, terminate all deadlines, and close the case. Signed by Judge John E. Steele on 7/14/2020. (RKR)
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| Filing 36 RESPONSE re #20 Response in Opposition to Motion TO DISMISS OR STRIKE CLASS ALLEGATIONS filed by NCH Healthcare System, Inc.. (Horton Silverman, Robin) |
| Filing 35 RESPONSE re #19 Response in Opposition to Motion to Dismiss filed by NCH Healthcare System, Inc.. (Horton Silverman, Robin) |
| Filing 34 RESPONSE TO ORDER TO SHOW CAUSE re #21 Order to show cause filed by NCH Healthcare System, Inc.. (Horton Silverman, Robin) |
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Filing 33
ENDORSED ORDER granting #22 Defendant's Motion for Leave to File a Reply to Plaintiff's Response in Opposition to Defendant's Motion and Memorandum. Defendant may file a reply brief to Plaintiff's response to Defendant's Rule 23 Motion to Strike Plaintiff's Class Allegation no later than 7/14/2020 and not to exceed 10 pages in length. Signed by Magistrate Judge Mac R. McCoy on 6/30/2020. (JTB)
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Filing 32
ENDORSED ORDER granting #23 Defendant's Motion for Leave to File a Reply to Plaintiff's Response in Opposition to Defendant's Motion and Memorandum. Defendant may file a reply brief to Plaintiff's response to Defendant's Dispositive Motion to Dismiss no later than 7/14/2020 and not to exceed 10 pages in length. Signed by Magistrate Judge Mac R. McCoy on 6/30/2020. (JTB)
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| Filing 31 PRETRIAL AND DISCOVERY PLAN. (Yanes, Katherine) |
| Filing 30 NOTICE of compliance with CM/ECF Registration and Pro Hac Vice Admission by Johana Martinez (Lietz, David) |
| Filing 29 CONSENT to trial by U.S. Magistrate Judge by Johana Martinez. (Yanes, Katherine) |
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Filing 28
TEXT ORDER denying #24 Defendant's Motion to Stay Discovery. The Court finds sufficient cause to rule on the motion without awaiting a response from Plaintiff. The Court generally disfavors a stay of discovery pending the resolution of a dispositive motion. Moreover, the Court finds that the existence of the COVID-19 National Emergency does not justify a general stay of this case or of the discovery process. The Court expects the parties and their counsel to take into account the various constraints and complications created by the pandemic when engaging in discovery in this case, and to cooperate with each other in addressing those challenges. To the extent any party finds itself unable to comply with its discovery obligations in the ordinary course and unable to secure an adequate accommodation from the opposing party, that party may file an appropriate motion for protective order addressing the specific challenge it faces. Otherwise, discovery should move forward in the ordinary course. Signed by Magistrate Judge Mac R. McCoy on 6/26/2020. (McCoy, Mac)
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| Filing 27 CASE MANAGEMENT REPORT. (Attachments: #1 Exhibit A)(Yanes, Katherine) |
| Filing 26 CERTIFICATE of interested persons and corporate disclosure statement re #14 Related case order and track 2 notice by Johana Martinez. (Yanes, Katherine) |
| Filing 25 NOTICE of pendency of related cases re #14 Related case order and track 2 notice per Local Rule 1.04(d) by Johana Martinez. Related case(s): No (Yanes, Katherine) |
| Filing 24 MOTION to Stay Discovery by NCH Healthcare System, Inc.. (Attachments: #1 Exhibit 1 - Executive Order)(Horton Silverman, Robin) Motions referred to Magistrate Judge Mac R. McCoy. |
| Filing 23 MOTION for Miscellaneous Relief, specifically Leave to File Reply to Plaintiff's Opposition to Defendant's Dispositive Motion to Dismiss by NCH Healthcare System, Inc.. (Horton Silverman, Robin) |
| Filing 22 MOTION for Miscellaneous Relief, specifically Leave to File Reply to Plaintiff's Opposition to Defendant's Rule 23 Motion to Strike by NCH Healthcare System, Inc.. (Horton Silverman, Robin) |
| ***PRO HAC VICE FEES paid by attorney David Lietz, appearing on behalf of Johana Martinez (Filing fee $150 receipt number FtM014686.) Related document: #17 Unopposed MOTION for David K. Lietz to appear pro hac vice . (SPB) |
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Filing 21
ORDER to show cause why the case should not be remanded for lack of subject matter jurisdiction as to NCH Healthcare System, Inc. Show Cause Response due by 7/9/2020. Signed by Judge John E. Steele on 6/25/2020. (RKR)
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| Filing 20 RESPONSE in Opposition re #7 MOTION to Dismiss or Alternative Motion to Strike filed by Johana Martinez. (Yanes, Katherine) |
| Filing 19 RESPONSE in Opposition re #6 MOTION to Dismiss filed by Johana Martinez. (Yanes, Katherine) |
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Filing 18
ENDORSED ORDER granting #17 Motion for Admission Pro Hac Vice, and Written Designation and Consent to Act. The Clerk of Court is directed to add David K. Lietz to the service list. Unless already completed, within fourteen (14) days from the date of this Order, David K. Lietz must send the required fee to the Clerk's Office. Unless already completed, within fourteen (14) days from the date of this Order, David K. Lietz must complete and submit the E-Filer Registration Form for CM/ECF. Failure to register may cause the Court to revoke permission to appear specially. Signed by Magistrate Judge Mac R. McCoy on 6/15/2020. (JTB)
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| Filing 17 Unopposed MOTION for David K. Lietz to appear pro hac vice by Johana Martinez. (Yanes, Katherine) Motions referred to Magistrate Judge Mac R. McCoy. |
| Filing 16 NOTICE to counsel David E. Lietz of Local Rule 2.02, Special Admission to Practice - Non-resident attorney shall file a written designation and consent-to-act on the part of some member of the bar of this Court; Pay the $150.00 Special Admission Fee; Complete the E-Filer Registration Form to obtain a login and password for CM/ECF; Local counsel must electronically file a Motion to appear Pro Hac Vice on behalf of the non-resident attorney The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (SPB) |
| ***PRO HAC VICE FEES paid by attorney Christopher J. Seusing, appearing on behalf of NCH Healthcare System, Inc. (Filing fee $150 receipt number FTM014623.) Related document: #5 Unopposed MOTION for Christopher J. Seusing to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-16853784 for $150 and Written Designation and Consent to Act. (SPB) |
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Filing 15
ENDORSED ORDER granting #10 Unopposed Motion for Extension of Time to Respond to Motions to Dismiss. Plaintiff must file her response to Defendant's Rule 23 Motion to Dismiss (Doc. #7) and Defendant's Motion to Dismiss pursuant to Rules 12(b)(1) and 12(b)(6) (Doc.#6) no later than 6/24/2020. Signed by Magistrate Judge Mac R. McCoy on 6/2/2020. (JTB)
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| Filing 14 TRACK TWO NOTICE AND CORPORATE DISCLOSURE ORDER Signed by All Divisional Judges on 6/2/2020. (WRW) |
| Filing 13 Case Reassigned to Magistrate Judge Mac R. McCoy. New case number: 2:20-cv-381-FtM-29MRM. Magistrate Judge Nicholas P. Mizell no longer assigned to the case. Motion(s) REFERRED: #10 Unopposed MOTION for Extension of Time to File Response/Reply as to #6 MOTION to Dismiss , #7 MOTION to Dismiss or Alternative Motion to Strike . Motion(s) referred to Magistrate Judge Mac R. McCoy. (laf) |
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Filing 12
ORDER of recusal. Magistrate Judge Mizell recuses himself from this action and directs the Clerk of Court to assign it to the next Magistrate Judge in the Fort Myers Division. Signed by Magistrate Judge Nicholas P. Mizell on 5/29/2020. (brh)
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| Filing 11 NOTICE of Appearance & Designation of Email Addresses Appearance by Ryan Dennis Schoeb on behalf of NCH Healthcare System, Inc. (Schoeb, Ryan) |
| Filing 10 Unopposed MOTION for Extension of Time to File Response/Reply as to #6 MOTION to Dismiss , #7 MOTION to Dismiss or Alternative Motion to Strike by Johana Martinez. (Yanes, Katherine) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 9 COMPLAINT against NCH Healthcare System, Inc. with Jury Demand filed in State Court by Johana Martinez.(drn) |
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Filing 8
ORDER granting #5 Unopposed Motion for Admission Pro Hac Vice of Christopher J. Seusing. See Order for details. Signed by Magistrate Judge Nicholas P. Mizell on 5/27/2020. (brh)
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| Filing 7 MOTION to Dismiss or Alternative Motion to Strike by NCH Healthcare System, Inc.. (Horton Silverman, Robin) |
| Filing 6 MOTION to Dismiss by NCH Healthcare System, Inc.. (Attachments: #1 Exhibit)(Horton Silverman, Robin) |
| Filing 5 Unopposed MOTION for Christopher J. Seusing to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-16853784 for $150 and Written Designation and Consent to Act by NCH Healthcare System, Inc.. (Horton Silverman, Robin) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 4 NOTICE of pendency of related cases per Local Rule 1.04(d) by NCH Healthcare System, Inc.. Related case(s): No (Horton Silverman, Robin) |
| Filing 3 CERTIFICATE of interested persons and corporate disclosure statement by NCH Healthcare System, Inc.. (Horton Silverman, Robin) |
| Filing 2 NEW CASE ASSIGNED to Judge John E. Steele and Magistrate Judge Nicholas P. Mizell. New case number: 2:20-cv-381-FtM-29NPM. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Collier County Circuit Court, case number 20-CA-000996 filed in State Court on 03/25/2020. Filing fee $ 400, receipt number 113A-16850492 filed by NCH Healthcare System, Inc.. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet)(Horton Silverman, Robin) |
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