Maxner v. Leesar, Inc. et al
| Justin Maxner |
| Leesar, Inc., O&M Halyard, Inc., Croci Real Estate, LLC, PHILIP FLEISCHHACKER, Robert Cook, PENNY WALLS and Accendra Health, Inc. |
| 2:2026cv02502 |
| September 8, 2026 |
| U.S. District Court for the Middle District of Florida |
| Kevin R. Huguelet |
| Kyle C. Dudek |
| P.I.: Other |
| 42 U.S.C. § 1396 - Tort Negligence |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 6, 2026. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 60 MOTION for Miscellaneous Relief, specifically Reset November 10, 2026 Rule 16(b) Conference by Justin Maxner. (Beckman, Michael) |
Filing 59
ENDORSED ORDER granting #56 Unopposed Motion for Special Admission for Attorney Robert E. Johnston to appear specially to represent Defendants O&M Halyard, Inc., Accendra Health, Inc. f/k/a Owens & Minor, Inc., Philip Fleischhacker, and Penny Walls. The motion complies with Local Rules 2.01(c) and 3.01(g). Signed by Magistrate Judge Kevin R. Huguelet on 11/6/2026. (TMA)
|
|
Filing 58
ENDORSED ORDER granting #55 Unopposed Motion for Special Admission for Attorney Aleksandra Rybicki to appear specially to represent Defendants O&M Halyard, Inc., Accendra Health, Inc. f/k/a Owens & Minor, Inc., Philip Fleischhacker, and Penny Walls. The motion complies with Local Rules 2.01(c) and 3.01(g). Signed by Magistrate Judge Kevin R. Huguelet on 11/6/2026. (TMA)
|
|
Filing 57
ENDORSED ORDER granting #54 Defendants' Unopposed Motion for Leave to File a Reply. Defendants may file a reply, not to exceed 7 pages, by 11/13/26. Signed by District Judge Kyle C. Dudek on 11/6/2026. (BLW)
|
| Filing 56 Unopposed MOTION for Robert E. Johnston to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-25813260 for $150 by Accendra Health, Inc., Philip Fleischhacker, O&M Halyard, Inc., Penny Walls. (Boswell, Chase) Motions referred to Magistrate Judge Kevin R. Huguelet. |
| Filing 55 Unopposed MOTION for Aleksandra Rybicki to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-25813168 for $150 by Accendra Health, Inc., Philip Fleischhacker, O&M Halyard, Inc., Penny Walls. (Boswell, Chase) Motions referred to Magistrate Judge Kevin R. Huguelet. |
| Filing 54 Unopposed MOTION for Leave to File REPLY TO PLAINTIFF'S OPPOSITIONS TO DEFENDANTS' MOTIONS TO DISMISS by Accendra Health, Inc., Philip Fleischhacker, O&M Halyard, Inc., Penny Walls. (Boswell, Chase) |
| Filing 53 CASE MANAGEMENT REPORT. (Pigman, Heather) |
| Filing 52 RESPONSE in Opposition re #34 MOTION to Dismiss Amended Complaint and Alternative Motion for more definite statement filed by Justin Maxner. (Beckman, Michael) Modified text on 10/28/2026 (LNR). |
| Filing 51 RESPONSE to Motion re #26 MOTION to Dismiss Amended Complaint filed by Justin Maxner. (Attachments: #1 Exhibit A Ethylene Oxide Sterilizers Air General Permit, #2 Exhibit B FDEPs 2010 acknowledgment letter, #3 Exhibit C FDEPs inspection checklist, #4 Exhibit D letter to FDEP, #5 Exhibit E FDEPs 2014 acknowledgment, #6 Exhibit F FDEPs 2019 acknowledgment, #7 Exhibit G Declaration of Counsel)(Beckman, Michael) |
| Filing 50 RESPONSE to Motion re #27 MOTION to Dismiss Amended Complaint filed by Justin Maxner. (Attachments: #1 Exhibit Exhibit A Ethylene Oxide Sterilizers Air General Permit, #2 Exhibit Exhibit B FDEPs 2010 acknowledgment letter, #3 Exhibit Exhibit C FDEPs inspection checklist, #4 Exhibit Exhibit D letter to FDEP, #5 Exhibit Exhibit E FDEPs 2014 acknowledgment, #6 Exhibit Exhibit F FDEPs 2019 acknowledgment, #7 Exhibit Exhibit G Declaration of Counsel)(Beckman, Michael) |
| Filing 49 RESPONSE in Opposition re #45 Amended MOTION to Remand to State Court filed by Accendra Health, Inc., O&M Halyard, Inc.. (Boswell, Chase) |
| Filing 48 RESPONSE in Opposition re #13 MOTION to Dismiss Amended Complaint filed by Justin Maxner. (Beckman, Michael) |
| Filing 47 RESPONSE to Motion re #14 MOTION to Dismiss Amended Complaint filed by Justin Maxner. (Attachments: #1 Exhibit FDEP Compliance Letter, #2 Exhibit FDEP Permit Re-Registration, #3 Exhibit 2023 Report of Source Testing, #4 Exhibit FDEP Final Air Operation Permit, #5 Exhibit Walls notification to FDEP)(Beckman, Michael) |
|
Filing 46
ENDORSED ORDER denying as moot Plaintiff's Motion to Remand (Doc. #44) in light of the Amended Motion (Doc. #45). Signed by Magistrate Judge Kevin R. Huguelet on 10/9/2026. (KRH)
|
| Filing 45 Amended MOTION to Remand to State Court by Justin Maxner. (Attachments: #1 Exhibit Notice of Taking Leesar, Inc. Deposition, #2 Exhibit Composite Complaints, #3 Exhibit Composite Complaints, #4 Exhibit Docket, #5 Exhibit Declaration of Michael Lewis Beckman, #6 Exhibit Commercial Lease)(Beckman, Michael) Motions referred to Magistrate Judge Kevin R. Huguelet. |
| Filing 44 MOTION to Remand to State Court by Justin Maxner. (Attachments: #1 Exhibit Notice of Taking Leesar, Inc. Deposition, #2 Exhibit Composite Complaints, #3 Exhibit Composite Complaints, #4 Exhibit Docket, #5 Exhibit Declaration of Michael Lewis Beckman, #6 Exhibit Commercial Lease)(Beckman, Michael) Motions referred to Magistrate Judge Kevin R. Huguelet. |
|
Filing 43
ENDORSED ORDER granting #42 Unopposed Motion to Withdraw as Attorney for Defendant Leesar, Inc. Attorney Peyton A. Kreuscher is permitted to withdraw as counsel and will have no further responsibility in this case. The Clerk is DIRECTED to terminate Attorney Peyton A. Kreuscher on the docket and remove him from receiving electronic notifications. Signed by Magistrate Judge Kevin R. Huguelet on 9/30/2026. (TMA)
|
| Filing 42 Unopposed MOTION for Peyton A. Kreuscher to Withdraw as Attorney by Leesar, Inc.. (Nigro, Christopher) Motions referred to Magistrate Judge Kevin R. Huguelet. |
|
Filing 41
ENDORSED ORDER granting #40 Unopposed Motion for Extension of Time to File Response re #34 Defendant Leesar, Inc.'s Motion to Dismiss Amended Complaint. Plaintiff Justin Maxner shall file his response on or before October 27, 2026. Signed by Magistrate Judge Kevin R. Huguelet on 9/29/2026. (TMA)
|
| Filing 40 MOTION for Extension of Time to File Response/Reply as to #34 MOTION to Dismiss Amended Complaint by Justin Maxner. (Beckman, Michael) Motions referred to Magistrate Judge Kevin R. Huguelet. |
|
Filing 39
ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 2.02(c) the #38 Construed Motion to Withdraw Attorney Peyton A. Kreuscher as Counsel for Defendant Leesar, Inc. Should Attorney Kreuscher seek to withdraw as counsel, the Court directs him to file a motion to withdraw on or before October 8, 2026. Signed by Magistrate Judge Kevin R. Huguelet on 9/24/2026. (TMA)
|
| Filing 38 NOTICE by Leesar, Inc. re 36 Notice to Counsel of Local Rule (Nigro, Christopher) Modified on 9/24/2026 (TMA). |
| Filing 37 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Leesar, Inc.. (Nigro, Christopher) |
| Filing 36 SECOND NOTICE TO COUNSEL Peyton A. Kreuscher 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/for-lawyers. (Signed by Deputy Clerk). (BD) |
|
Filing 35
ENDORSED ORDER granting #30 Joint Motion for Extension of Time to Respond. Plaintiff Justin Maxner shall file his response to Defendant Fleischhacker's Motion to Dismiss by 10/23/26; granting #31 Joint Motion for Extension of Time to Respond. Maxner shall file his response to Defendant O&M Halyard, Inc.'s Motion to Dismiss by 10/20/26; granting #32 Joint Motion for Extension of Time to Respond. Maxner shall file his response to Defendant Accendra Health, Inc.'s Motion to Dismiss by 10/23/26; granting #33 Joint Motion for Extension of Time to Respond. Maxner shall file his response to Defendant Penny Walls's Motion to Dismiss by 10/20/26. Signed by Magistrate Judge Kevin R. Huguelet on 9/22/2026. (TMA)
|
| Filing 34 MOTION to Dismiss #4 Amended Complaint by Leesar, Inc.(Nigro, Christopher) Modified on 9/23/2026 as to docket text (LJC). |
| Filing 33 NOTICE by Penny Walls SUPPLEMENTAL CERTIFICATE OF CONFERRAL FOR DEFENDANT PENNY WALLS'S MOTION TO DISMISS THE AMENDED COMPLAINT (Boswell, Chase) Modified on 9/22/2026 (TMA). |
| Filing 32 NOTICE by Accendra Health, Inc. SUPPLEMENTAL CERTIFICATE OF CONFERRAL FOR DEFENDANT ACCENDRA HEALTH, INC. F/K/A OWENS AND MINOR, INC.'S MOTION TO DISMISS THE AMENDED COMPLAINT (Boswell, Chase) Modified on 9/22/2026 (TMA). |
| Filing 31 NOTICE by O&M Halyard, Inc. SUPPLEMENTAL CERTIFICATE OF CONFERRAL FOR DEFENDANT O&M HALYARD, INC.'S MOTION TO DISMISS THE AMENDED COMPLAINT (Boswell, Chase) Modified on 9/22/2026 (TMA). |
| Filing 30 NOTICE by Philip Fleischhacker SUPPLEMENTAL CERTIFICATE OF CONFERRAL FOR DEFENDANT PHILIP FLEISCHHACKER'S MOTION TO DISMISS THE AMENDED COMPLAINT (Boswell, Chase) Modified on 9/22/2026 (TMA). |
|
Filing 29
ENDORSED ORDER vacating the Court's Show Cause Order (Doc. 18) and accepting Defendant Accendra Health, Inc.'s Motion to Dismiss (Doc. #26) and Defendant Philip Fleischhacker's Motion to Dismiss (Doc. #27) as filed. Signed by Magistrate Judge Kevin R. Huguelet on 9/21/2026. (TMA)
|
| Filing 28 RESPONSE TO ORDER TO SHOW CAUSE re 18 Order to show cause filed by Accendra Health, Inc., Philip Fleischhacker. (Attachments: #1 Exhibit 1 - OMI Summons and Amended Complaint, #2 Exhibit 2 - Fleischhacker Summons and Amended Complaint)(Boswell, Chase) |
| Filing 27 MOTION to Dismiss Amended Complaint by Philip Fleischhacker. (Attachments: #1 Exhibit 1 - Fleischhacker Declaration)(Boswell, Chase) Modified text on 9/22/2026 (BD). |
| Filing 26 MOTION to Dismiss Amended Complaint by Accendra Health, Inc. (Attachments: #1 Exhibit 1 - Fleischhacker Declaration)(Boswell, Chase) Modified text on 9/22/2026 (BD). |
| Filing 25 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Philip Fleischhacker. (Boswell, Chase) |
| Filing 24 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Penny Walls. (Boswell, Chase) |
| Filing 23 RESPONSE re 18 Order to show cause by Accendra Health, Inc., Philip Fleischhacker. (Boswell, Chase) |
| Filing 22 NOTICE of a related action per Local Rule 1.07(c) by Justin Maxner. Related case(s): Yes (Beckman, Michael) |
| Filing 21 NOTICE of Lead Counsel Designation by Michael Lewis Beckman on behalf of Justin Maxner. Lead Counsel: Michael L Beckman. (Beckman, Michael) |
| Filing 20 NOTICE of Lead Counsel Designation by Christopher Michael Nigro on behalf of Leesar, Inc. Lead Counsel: Christopher M. Nigro. (Nigro, Christopher) Modified text on 9/18/2026 (EGP). |
| Filing 19 Case Reassigned to District Judge Kyle C. Dudek. New case number: 2:26-cv-2502-KCD-KRH. Judge Sheri Polster Chappell no longer assigned to the case. (LF) |
|
Filing 18
VACATED per Endorsed Order 29. ENDORSED ORDER to show cause. Defendants Accendra Health, Inc. f/k/a Owens and Minor, Inc. and Philip Fleischhacker have failed to timely respond to Plaintiff's Complaint #1. See Fed. R. Civ. P. 81(c)(2). Accendra Health, Inc. f/k/a Owens and Minor, Inc. and Philip Fleischhacker must therefore file a response to Plaintiff's Complaint on or before September 23, 2026 or show cause why they should not be held in default. Signed by Magistrate Judge Kevin R. Huguelet on 9/16/2026. (TMA) Modified text on 9/22/2026 (BD).
|
|
Filing 17
ENDORSED ORDER denying without prejudice #16 Defendant Leesar, Inc.'s Motion to Dismiss Amended Complaint. Before the case was removed, its motion was pending in state court. "A motion pending in state court when the action is removed is denied without prejudice." Local Rule 1.06(c). Defendant Leesar, Inc. is directed to file its answer or other responsive pleading on or before September 23, 2026 or show cause why it should not be held in default. Signed by Magistrate Judge Kevin R. Huguelet on 9/16/2026. (TMA)
|
| Filing 16 MOTION to Dismiss Amended Complaint filed in State Court on 08/31/2026 by Leesar, Inc. (SJD) |
|
Filing 15
ENDORSED ORDER. Per Middle District of Florida Local Rule 1.07(a)(2)(A), this related, later-filed action is transferred to the Honorable Kyle C. Dudek, with his consent, for all further purposes. The Clerk of Court is DIRECTED to REASSIGN this case to United States District Judge Kyle C. Dudek. Signed by Judge Sheri Polster Chappell on 9/16/2026. (TAM)
|
| Filing 14 MOTION to Dismiss Amended Complaint by Penny Walls. (Boswell, Chase) |
| Filing 13 MOTION to Dismiss Amended Complaint by O&M Halyard, Inc.. (Attachments: #1 Affidavit Persby Decl. & Exhibits)(Boswell, Chase) |
|
Filing 12
ENDORSED ORDER directing parties to file a Case Management Report no later than the close of business on October 26, 2026. Signed by Magistrate Judge Kevin R. Huguelet on 9/13/2026. (SHS)
|
| Filing 11 NOTICE of hearing: Rule 16(b) Conference set for 11/10/2026 at 01:30 PM by Zoom before Magistrate Judge Kevin R. Huguelet. Parties should use the following information to connect: https://www.zoomgov.com/j/1653110985?pwd=jcjmZULBMJjNcZajHwchjIf7dyyeFl.1, Meeting ID: 165 311 0985, Passcode: 210991(SHS) |
| Filing 10 CIVIL Action Order ***See Order for Dates and Details*** Signed by All Divisional Judges on 9/13/2026. (SHS) |
| Filing 9 NOTICE of Lead Counsel Designation by Heather Ann Pigman on behalf of PHILIP FLEISCHHACKER, O&M Halyard, Inc., Owens & Minor, Inc., PENNY WALLS. Lead Counsel: Heather A. Pigman. (Pigman, Heather) |
| Filing 8 NOTICE of Appearance by Heather Ann Pigman on behalf of PHILIP FLEISCHHACKER, O&M Halyard, Inc., Owens & Minor, Inc., PENNY WALLS (Pigman, Heather) |
| Filing 7 NOTICE TO COUNSEL Peyton A. Kreuscher 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/for-lawyers. 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). (SJD) |
| Filing 6 NOTICE TO ALL COUNSEL of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (SJD) |
| Filing 5 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Kevin R. Huguelet. New case number: 2:26-cv-2502-SPC-KRH. (SJD) |
| Filing 4 AMENDED COMPLAINT filed in State Court on 08/06/2026 against Robert Cook, Croci Real Estate, LLC, PHILIP FLEISCHHACKER, Leesar, Inc., O&M Halyard, Inc., Owens & Minor, Inc., PENNY WALLS with Jury Demand. filed by Justin Maxner.(SJD) |
| Filing 3 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Owens & Minor, Inc. (Boswell, Chase) Modified text on 9/9/2026 (SJD). |
| Filing 2 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by O&M Halyard, Inc. identifying Corporate Parent O&M PHS, LLC. for O&M Halyard, Inc. (Boswell, Chase) Modified text on 9/9/2026 (SJD). |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Twentieth Judicial Circuit, Lee County, FL, case number 26-CA-000779 filed in State Court on Feb. 2, 2026. Filing fee $405, receipt number AFLMDC-25518406 filed by O&M Halyard, Inc., Owens & Minor, Inc. (Attachments: #1 State Court Other Documents, #2 Exhibit O&M Halyard Inc. Certificate of Incorporation, #3 Exhibit OMI Certificate of Incorporation, #4 Exhibit Declaration of Charles Persby, #5 Exhibit Pl.'s Notice of Dropping Defs., Alvarez v. ACS, #6 Exhibit Declaration of Penny Walls, #7 Exhibit Notice to Adverse Party and Circuit Court of Removal of Action, #8 Civil Cover Sheet)(Boswell, Chase) Modified text on 9/9/2026 (SJD). |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
