Select Rehabilitation, LLC v. Solaris Healthcare Imperial, LLC
| Select Rehabilitation, LLC and Select Rehabilitation, Inc. |
| Solaris Healthcare Imperial, LLC |
| 2:2023cv00463 |
| June 26, 2023 |
| US District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Nicholas P Mizell |
| Contract: Other |
| 28 U.S.C. § 1346 Breach of Contract |
| None |
Docket Report
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Filing 25
ENDORSED ORDER. Before the Court is the parties' Joint Stipulation for Voluntary Dismissal Without Prejudice (Doc. #24). Federal Rule of Civil Procedure 41(a)(1)(A)(ii) allows a plaintiff to dismiss an action voluntarily if a stipulation of dismissal is signed by all parties who have appeared. The dismissal is effective upon filing and requires no further action by the Court. See Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012). Here, the parties stipulate to dismissing this case without prejudice and with each side to bear its own attorney's fees and costs. Accordingly, this action is DISMISSED without prejudice, and the Clerk is DIRECTED to deny all pending motions as moot, terminate any deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 8/15/2023. (LAH)
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| Filing 24 STIPULATION of Dismissal Joint Stipulation for Voluntary Dismissal Without Prejudice by Select Rehabilitation, LLC. (Levy Kushner, Nicole) |
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Filing 23
ENDORSED ORDER denying Plaintiff's Notice of Voluntary Dismissal (Doc. #22) because all parties who have appeared in this case did not sign it. See Fed. R. Civ. P. 41(a)(1)(ii). The parties thus must file a proper stipulation of dismissal on or before August 14, 2023. Signed by Judge Sheri Polster Chappell on 8/7/2023. (LAH)
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| Filing 22 NOTICE of voluntary dismissal by Select Rehabilitation, LLC (Levy Kushner, Nicole) |
| Filing 21 NOTICE of compliance re #14 Order on Motion to Appear Pro Hac Vice by Select Rehabilitation, LLC (Levy Kushner, Nicole) |
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Filing 20
ENDORSED ORDER denying without prejudice Defendant's Motion to Dismiss (Doc. #18) for failure to include a compliant Local Rule 3.01(g) Certification. The Court cannot overstate the importance of Local Rule 3.01(g) in helping avoid needless litigation, fostering communication between the parties, and helping to resolve disputes without court intervention. Signed by Judge Sheri Polster Chappell on 7/31/2023. (LAH)
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| Filing 19 NOTICE of hearing: Preliminary Pretrial Conference set for 9/21/2023 at 10:15 AM before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report by 9/11/2023. All parties shall appear telephonically. The toll-free teleconference number is 1-877-873-8018. The access code is 5997085. You will then be prompted to enter a participant security code: 23462. All parties are encouraged to utilize a landline or similarly stable connection free of ambient interference to avoid having any portion of the conference conducted without them. (WRW) |
| Filing 18 MOTION to Dismiss Complaint for Improper Venue on the Basis of the Doctrine of Forum Nonconveniens by Solaris Healthcare Imperial, LLC. (Attachments: #1 Exhibit Amended and Restated Therapy Services Agreement, #2 Text of Proposed Order)(Black, Robin) |
| Filing 17 NOTICE of Appearance by Robin Deanine Black on behalf of Solaris Healthcare Imperial, LLC (Black, Robin) |
| Filing 16 RETURN of service executed on July 7, 2023 by Select Rehabilitation, LLC as to Solaris Healthcare Imperial, LLC. (Levy Kushner, Nicole) |
| Filing 15 NOTICE TO COUNSEL Kristen Wolfe Roberts of Local Rule 2.01(b)(1)(G), which requires members of the Middle District bar to register with the Middle District CM/ECF system by submitting an e-file registration through PACER. 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). (WRW) |
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Filing 14
ORDER granting #12 and #13 motions for special admission of attorneys Walker and Roberts. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 7/17/2023. (BB)
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| Filing 13 MOTION for Kristen Wolfe Roberts to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21044469 for $150 by Select Rehabilitation, LLC. (Levy Kushner, Nicole) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 12 MOTION for Diane G. Walker to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21044468 for $150 by Select Rehabilitation, LLC. (Levy Kushner, Nicole) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 11 NOTICE of a related action (AMENDED) per Local Rule 1.07(c) by Select Rehabilitation, LLC. Related case(s): Yes (Levy Kushner, Nicole) |
| Filing 10 CERTIFICATE of interested persons and corporate disclosure statement Pursuant to Federal Rule of Civil Procedure 7.1 and Local Rule 3.03 ( AMENDED) by Select Rehabilitation, LLC identifying Other Affiliate SRI Intermediate LLC, Other Affiliate SRI Holdings LLC, Other Affiliate SRI Parent Corp for Select Rehabilitation, LLC. (Levy Kushner, Nicole) |
| Filing 9 NOTICE of compliance re 4 Notice to Counsel of Local Rule by Select Rehabilitation, LLC (Levy Kushner, Nicole) |
| Filing 8 NOTICE of a related action per Local Rule 1.07(c) by Select Rehabilitation, LLC. Related case(s): Yes (Levy Kushner, Nicole) |
| Filing 7 CERTIFICATE of interested persons and corporate disclosure statement Pursuant to Federal Rule of Civil Procedure 7.1 and Local Rule 3.03 by Select Rehabilitation, LLC. (Levy Kushner, Nicole) |
| Filing 6 NOTICE of Lead Counsel Designation by Nicole Lynne Levy Kushner on behalf of Select Rehabilitation, LLC. Lead Counsel: Nicole Levy Kushner. (Levy Kushner, Nicole) |
| Filing 5 SUMMONS issued as to Solaris Healthcare Imperial, LLC. (JK) |
| Filing 4 NOTICE TO COUNSEL Fred O. Goldberg; Mitchell Wayne Berger; Nicole Lynne Levy Kushner of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. 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). (JK) |
| Filing 3 CIVIL Action Order Signed by All Divisional Judges on 6/26/2023. (JK) |
| Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:23-cv00463-SPC-NPM. (JG) |
| Filing 1 COMPLAINT against Solaris Healthcare Imperial, LLC (Filing fee $402 receipt number AFLMDC-20978313) filed by Select Rehabilitation, LLC. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Levy Kushner, Nicole) |
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