Holmes v. The Villages Tri-County Medical Center, Inc.
| CHRYSTAL HOLMES, Gerald Fink, Alexander Roshell and Denise Kinsey |
| THE VILLAGES TRI-COUNTY MEDICAL CENTER, INC. d/b/a UF HEALTH CENTRAL FLORIDA, LEESBURG REGIONAL MEDICAL CENTER, INC. d/b/a UF HEAL TH CENTRAL FLORIDA, CENTRAL FLORIDA HEALTH, INC. d/b/a UF HEALTH CENTRAL FLORIDA, The Villages Tri-County Medical Center, Inc. doing business as UF Health Central Florida, Leesburg Regional Medical Center, Inc., doing business as UF Health Central Florida, Central Florida Health, Inc. doing business as Health Central Florida and Central Florida Health, Inc. doing business as UF Health Central Florida |
| 5:2021cv00508 |
| October 14, 2021 |
| US District Court for the Middle District of Florida |
| John Antoon |
| Philip R Lammens |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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| Filing 49 TRANSCRIPT of Hearing Proceedings Re: Docket Entry 25, Motion to Dismiss held on August 4, 2022, before Judge John Antoon, II. Court Reporter/Transcriber: Nikki Peters, RMR, CRR, CRC. Email address: courttranscripts@outlook.com. Telephone number: (407)917-0813. NOTICE TO THE PARTIES - The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such notice is filed, the transcript may be made remotely available to the public without redaction after ninety (90) calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 5/10/2023. Redacted Transcript Deadline set for 5/22/2023. Release of Transcript Restriction set for 7/18/2023. (NLP) |
Filing 48
ORDER remanding this action to state court and directing the Clerk to close the case. Signed by Judge John Antoon II on 1/18/2023. (EK)
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| Filing 47 NOTICE of supplemental authority re #25 MOTION to Dismiss Amended Complaint and Incorporated Memorandum of Law by Central Florida Health, Inc., Leesburg Regional Medical Center, Inc.,, The Villages Tri-County Medical Center, Inc.. (Attachments: #1 Exhibit A - In re USAA Data Sec. Litig. Order)(Pearson, Matthew) |
| Filing 46 NOTICE of supplemental authority re #25 MOTION to Dismiss Amended Complaint and Incorporated Memorandum of Law , Third by Gerald Fink, Chrystal Holmes, Denise Kinsey, Alexander Roshell. (Yanchunis, John) |
| Filing 45 NOTICE of Response to plaintiff's supplemental authority by Central Florida Health, Inc., Leesburg Regional Medical Center, Inc.,, The Villages Tri-County Medical Center, Inc. re #44 Notice of filing supplemental authority, #43 Notice of filing supplemental authority (Pearson, Matthew) Modified on 9/27/2022 (HAI). |
| Filing 44 NOTICE of supplemental authority by Gerald Fink, Chrystal Holmes, Denise Kinsey, Alexander Roshell. (Maxey, Ryan) |
| Filing 43 NOTICE of supplemental authority by Gerald Fink, Chrystal Holmes, Denise Kinsey, Alexander Roshell. (Maxey, Ryan) |
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Filing 42
ORDER granting #40 Defendants' Unopposed Motion for Out-of-State Attorney to Appear Pro Hac Vice; Matthew D. Pearson may specially appear in this case as counsel for Defendants; Attorney Pearson shall immediately begin using the CM/ECF docket system and begin filing electronically; Counsel must register for a CM/ECF login and password through the website at www.flmd.uscourts.gov under "CM/ECF." Once registered for CM/ECF and added as counsel of record in this case, counsel will receive the Notice of Electronic Filing [NEF] on all documents. The Clerk of Court is directed to mail a copy of this Order to Attorney Pearson.. Signed by Judge John Antoon II on 8/5/2022. (BRS)
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| Filing 41 Minute Entry. In Person Proceedings held before Judge John Antoon II: MOTION HEARING held on 8/4/2022 re #25 MOTION to Dismiss Amended Complaint and Incorporated Memorandum of Law filed by The Villages Tri-County Medical Center, Inc., Leesburg Regional Medical Center, Inc., Central Florida Health, Inc.. Court Reporter: Nikki L. Peters (AKC) |
| Filing 40 Unopposed MOTION for Matthew D. Pearson to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19848301 for $150 by All Defendants. (Brady, Julie) Motions referred to Magistrate Judge Philip R. Lammens. |
| Filing 39 NOTICE of hearing on motion re #25 MOTION to Dismiss Amended Complaint and Incorporated Memorandum of Law. Motion Hearing set for 8/4/2022 at 01:30 PM in Orlando Courtroom 6 B before Judge John Antoon II. One hour has been set aside for this hearing. If counsel would request the hearing be held via ZOOM they must do so in writing and file a joint notice with the court by 5 p.m. on 8/1/22. (AKC) |
| Filing 38 REPLY to Response to Motion re #25 MOTION to Dismiss Amended Complaint and Incorporated Memorandum of Law filed by Central Florida Health, Inc., Leesburg Regional Medical Center, Inc.,, The Villages Tri-County Medical Center, Inc.. (Collignon, Casie) |
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Filing 37
ORDER granting #36 Motion for Leave to File Reply. Defendants may file an 8 page or fewer reply by 4/1/22. Signed by Judge John Antoon II on 3/24/2022. (copies mailed/emailed) (AKC)
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| Filing 36 MOTION for Miscellaneous Relief, specifically Renewed Motion for Leave to File Reply In Support of Their Motion to Dismiss Amended Class Action Complaint by Central Florida Health, Inc., Leesburg Regional Medical Center, Inc.,, The Villages Tri-County Medical Center, Inc.. (Collignon, Casie) |
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Filing 35
ORDER denying without prejudice #33 Motion for Leave to File Reply for failure to comply with Local Rules 3.01(d) and 3:01(g). Signed by Judge John Antoon II on 3/21/2022. (copies mailed/emailed) (AKC)
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| Filing 34 REQUEST for oral argument re #25 MOTION to Dismiss Amended Complaint and Incorporated Memorandum of Law by Central Florida Health, Inc., Leesburg Regional Medical Center, Inc.,, The Villages Tri-County Medical Center, Inc.. (Collignon, Casie) |
| Filing 33 MOTION for Miscellaneous Relief, specifically leave to file reply iso motion to dismiss by Central Florida Health, Inc., Leesburg Regional Medical Center, Inc.,, The Villages Tri-County Medical Center, Inc.. (Collignon, Casie) |
| Filing 32 RESPONSE in Opposition re #25 MOTION to Dismiss Amended Complaint and Incorporated Memorandum of Law filed by Gerald Fink, Chrystal Holmes, Denise Kinsey, Alexander Roshell. (Yanchunis, John) |
| Case Stayed. (LMF) |
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Filing 31
ORDER requiring Plaintiffs to respond to #25 Motion to Dismiss on or before March 11, 2022; granting #26 Motion to Stay the Action Pending Resolution of Defendants' Motion to Dismiss; and staying this case, including discovery, pending ruling on the Motion to Dismiss. Signed by Judge John Antoon II on 2/17/2022. (EK)
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| Filing 30 PLAINTIFF'S BRIEF re #27 Order on Motion to Stay re Applicability of CAFA Exceptions filed by Gerald Fink, Chrystal Holmes, Denise Kinsey, Alexander Roshell. (Yanchunis, John) Modified on 2/17/2022 (RLK). |
| Filing 29 DECLARATION of Heather Noonan re #27 Order on Motion to Stay, #28 Memorandum in support by The Villages Tri-County Medical Center, Inc.. (Collignon, Casie) Modified on 2/17/2022 (RLK). |
| Filing 28 MEMORANDUM in support re #27 Order on Motion to Stay Regarding Jurisdiction Under the Class Action Fairness Act filed by The Villages Tri-County Medical Center, Inc.. (Collignon, Casie) Modified on 2/17/2022 (RLK). |
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Filing 27
ORDER denying without prejudice #26 Motion to Stay; suspending case deadlines; and requiring briefing from the parties no later than February 16, 2022. Signed by Judge John Antoon II on 1/26/2022. (EK)
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| Filing 26 MOTION to Stay Action Pending Resolution of Defendants' Motion to Dismiss by All Defendants. (Collignon, Casie) Modified on 1/11/2022 (RLK). |
| Filing 25 MOTION to Dismiss Amended Complaint and Incorporated Memorandum of Law by Central Florida Health, Inc., Leesburg Regional Medical Center, Inc.,, The Villages Tri-County Medical Center, Inc.. (Collignon, Casie) |
| Filing 24 CASE MANAGEMENT REPORT. (Collignon, Casie) |
| Set/reset deadlines/hearings: for All Defendants. Answer to Amended Complaint due by 1/10/2022. (HAI) |
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Filing 23
ORDER: the parties shall file an amended Uniform Case Management Report that reflects an agreement on the proposed dates within fourteen days from the date of this Order. Signed by Judge John Antoon II on 12/22/2021. (BRS)
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Filing 22
ORDER granting #21 Unopposed Motion for Extension of Time to Respond to #17 Amended Complaint. Signed by Judge John Antoon II on 12/21/2021. (EK)
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| Filing 21 Unopposed MOTION for Extension of Time to File Answer re #17 Amended Complaint by Central Florida Health, Inc., Leesburg Regional Medical Center, Inc.,, The Villages Tri-County Medical Center, Inc.. (Collignon, Casie) |
| Filing 20 CORPORATE Disclosure Statement by The Villages Tri-County Medical Center, Inc.. (Collignon, Casie) |
| Filing 19 CERTIFICATE of interested persons and corporate disclosure statement re #3 Interested persons order Disclosure Statement by Gerald Fink, Chrystal Holmes, Denise Kinsey, Alexander Roshell. (Yanchunis, John) |
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Filing 18
ORDER denying as moot #12 Motion to Dismiss in light of #17 Amended Complaint. Signed by Judge John Antoon II on 12/13/2021. (EK)
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| Filing 17 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - Privacy Policy, #2 Exhibit 2 - Website Notice)(Yanchunis, John) |
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Filing 16
ORDER: Plaintiff and Defendant The Villages Tri-County Medical Center, Inc. shall each file their Disclosure Statement within seven days from the date of this Order. Signed by Judge John Antoon II on 12/9/2021. (BRS)
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| Filing 15 CASE MANAGEMENT REPORT. (Yanchunis, John) |
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Filing 14
ORDER granting #13 Plaintiff's Unopposed Motion for Extension of Time to File Case Management Report; the deadline to file the Case Management Report is extended to November 30, 2021. Signed by Judge John Antoon II on 11/24/2021. (BRS)
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| Filing 13 Unopposed MOTION for Extension of Time to File Case Management Report by Chrystal Holmes. (Yanchunis, John) |
| Filing 12 MOTION to Dismiss Class Action Complaint and Incorporated Memorandum of Law by Central Florida Health, Inc., Leesburg Regional Medical Center, Inc.,, The Villages Tri-County Medical Center, Inc.. (Collignon, Casie) |
| Filing 11 NOTICE of Appearance by Ryan D. Maxey on behalf of Chrystal Holmes (Maxey, Ryan) |
| Filing 10 CORPORATE Disclosure Statement by Central Florida Health, Inc. identifying Other Affiliate Baker & Hostetler, LLP, Other Affiliate THE VILLAGES TRI-COUNTY MEDICAL CENTER, INC. d/b/a UF HEALTH CENTRAL FLORIDA, Other Affiliate LEESBURG REGIONAL MEDICAL CENTER, INC. d/b/a UF HEAL TH CENTRAL FLORIDA for Central Florida Health, Inc... (Brady, Julie) |
| Filing 9 CORPORATE Disclosure Statement by Leesburg Regional Medical Center, Inc., identifying Other Affiliate Baker & Hostetler, LLP, Other Affiliate THE VILLAGES TRI-COUNTY MEDICAL CENTER, INC. d/b/a UF HEALTH CENTRAL FLORIDA, Other Affiliate Central Florida Health Inc. d/b/a UF Health Central Florida for Leesburg Regional Medical Center, Inc.,.. (Brady, Julie) |
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Filing 8
ORDER granting #7 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Philip R. Lammens on 10/28/2021. (SA)
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| FEE PAID. Fee for pro hac vice appearance, Receipt No. AFLMDC-18861049 for $150 paid. Special Admission for Non-Resident Attorney Casie D. Collignon. (Brady, Julie) |
| Filing 7 Unopposed MOTION for Casie D. Collignon to appear pro hac vice by All Defendants. (Brady, Julie) Motions referred to Magistrate Judge Philip R. Lammens. |
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Filing 6
ORDER REQUIRING DISCLOSURE STATEMENT for Defendants Leesburg Regional Medical Center, Inc. and Central Florida Health, Inc. Disclosure statement due within 14 days from the date of this order. Signed by Judge John Antoon II on 10/20/2021. (copies mailed/emailed)(AKC)
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Filing 5
ORDER granting #4 Defendants' Unopposed Motion for Extension of Time to Respond to Complaint; Defendants shall respond to the Complaint no later than November 19, 2021. Signed by Judge John Antoon II on 10/20/2021. (BRS)
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| Filing 4 MOTION for Extension of Time to File Response/Reply as to #1 Notice of Removal by All Defendants. (Brady, Julie) |
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Filing 3
INITIAL CASE ORDER for Plaintiff and Defendant The Villages Tri-County Medical Center, Inc. - 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. Counsel have 14 days from the date of this order to file their disclosure statement (if not already filed) and to notify the court of a related action (not required if there are no related actions). Signed by Judge John Antoon II on 10/15/2021. (counsel emailed)(AKC)
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| Filing 2 NEW CASE ASSIGNED to Judge John Antoon II and Magistrate Judge Philip R. Lammens. New case number: 5:21-cv-508-JA-PRL. (LMW) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL Filing fee $ 402, receipt number AFLMDC-18817898 filed by THE VILLAGES TRI-COUNTY MEDICAL CENTER, INC. d/b/a UF HEALTH CENTRAL FLORIDA. (Attachments: #1 State Court COMPLAINT, #2 Exhibit Summons and Proof of Service, #3 State Court Docket Sheet, #4 State Court Other Documents, #5 Civil Cover Sheet)(Brady, Julie) |
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