Pierson v. Orlando Regional Healthcare Systems, Inc. et al
Plaintiff: Raymond H. Pierson, III
Defendant: N. Donald Diebel, Florida Health Department, Steven Appleblatt, Erik Lieberman, Musculoskeletal Institute, Chartered, Region IV of the Department of Health and Human Services, Rory Evans, Roger Murbach, Gregory A. Rief, J. David Moser, Roy W. Sanders, Florida Board of Medicine, C. Gordon Wolfram, John Hillenmeyer, National Practitioner Data Bank, Phillip G. Spiegel, State of Florida, J. Dean Cole, USA, Thomas Csencsitz, Wolverine Anesthesia Consultants M.D, P.A., Orlando Health, William Bott, Hedrick J. Rivero, Linda G.T. Parks, Michael O. Leavitt, Orlando Regional Healthcare Systems, Inc., Frank Bone and Manuel J. Galceran
Not Yet Classified: SunTrust Bank
Intervenor Plaintiff: Joanne R. Werntz
Case Number: 6:2008cv00466
Filed: January 25, 2008
Court: US District Court for the Middle District of Florida
Office: Orlando Office
County: XX US, Outside State
Presiding Judge: John Antoon
Referring Judge: Gregory J Kelly
Nature of Suit: Anti-Trust
Cause of Action: 28 U.S.C. § 1337
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on October 24, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 24, 2013 Opinion or Order Filing 479 ORDER denying #472 Motion to Set Aside Final Judgment; adopting with modification #475 Report and Recommendation. Signed by Judge John Antoon II on 10/24/2013. (EK)
October 14, 2013 Filing 478 RESPONSE to re #476 objections to #475 Report and Recommendations filed by Steven Appleblatt, Frank Bone, William Bott, J. Dean Cole, Thomas Csencsitz, N. Donald Diebel, Rory Evans, Manuel J. Galceran, John Hillenmeyer, Erik Lieberman, J. David Moser, Roger Murbach, Orlando Health, Linda G.T. Parks, Gregory A. Rief, Hedrick J. Rivero, C. Gordon Wolfram, Wolverine Anesthesia Consultants M.D, P.A.. (Alvaro, Chad) Modified on 10/15/2013 (MAL).
September 30, 2013 Filing 477 OBJECTION to #475 Report and Recommendations (Limited Objection) by Steven Appleblatt, Frank Bone, William Bott, J. Dean Cole, Thomas Csencsitz, N. Donald Diebel, Rory Evans, Erik Lieberman, J. David Moser, Roger Murbach, Orlando Health, Linda G.T. Parks, Gregory A. Rief, Hedrick J. Rivero, Roy W. Sanders, C. Gordon Wolfram, Wolverine Anesthesia Consultants M.D, P.A.. (Alvaro, Chad) Modified on 10/1/2013 (CH).
September 30, 2013 Filing 476 OBJECTION re #475 REPORT AND RECOMMENDATIONS re #472 MOTION to Set Aside Final Judgment Award Attorney Fees #434 Judgment, #444 Judgment, #432 Judgment, #451 Judgment on attorney fees, #452 Judgment on attorney fees and Memorandum of Law filed by Joanne R. Werntz . (Sierra, Richard) Modified on 10/1/2013 (CH).
September 17, 2013 Filing 475 REPORT AND RECOMMENDATIONS re #472 MOTION to Set Aside Final Judgment Award Attorney Fees #434 Judgment, #444 Judgment, #432 Judgment, #451 Judgment on attorney fees, #452 Judgment on attorney fees and Memorandum of Law filed by Joanne R. Werntz. Signed by Magistrate Judge Gregory J. Kelly on 9/17/2013. (PAB)
May 17, 2013 Filing 474 RESPONSE to Motion re #472 MOTION to Set Aside Final Judgment Award Attorney Fees #434 Judgment, #444 Judgment, #432 Judgment, #451 Judgment on attorney fees, #452 Judgment on attorney fees and Memorandum of Law filed by Roy W. Sanders. (McLaughlin, Mark)
May 16, 2013 Filing 473 RESPONSE in Opposition re #472 MOTION to Set Aside Final Judgment Award Attorney Fees #434 Judgment, #444 Judgment, #432 Judgment, #451 Judgment on attorney fees, #452 Judgment on attorney fees and Memorandum of Law filed by Steven Appleblatt, Frank Bone, William Bott, J. Dean Cole, Thomas Csencsitz, N. Donald Diebel, Rory Evans, Manuel J. Galceran, John Hillenmeyer, Erik Lieberman, J. David Moser, Roger Murbach, Orlando Health, Linda G.T. Parks, Gregory A. Rief, Hedrick J. Rivero, Phillip G. Spiegel, C. Gordon Wolfram, Wolverine Anesthesia Consultants M.D, P.A.. (Attachments: #1 Exhibit 1 - Depo Excerpt, #2 Exhibit 2 - Declaration of Ameen Baker w/ Exhibits A - C)(Alvaro, Chad)
May 3, 2013 Filing 472 MOTION to Set Aside Final Judgment Award Attorney Fees #434 Judgment, #444 Judgment, #432 Judgment, #451 Judgment on attorney fees, #452 Judgment on attorney fees and Memorandum of Law by Joanne R. Werntz. (Attachments: #1 Exhibit A)(Sierra, Richard)
April 29, 2013 Mail returned as Undeliverable re: #471 Order on Motion for Miscellaneous Relief. Mail NOT resent to SunTrus Bank c/o Annette Stanley. (LMM)
April 22, 2013 Opinion or Order Filing 471 ORDER granting #470 Motion to Dissolve Writ of Garnishment. The Clerk is directed to dissolve the writ (Doc. No. 462). Signed by Magistrate Judge Gregory J. Kelly on 4/22/2013. (PAB)
March 29, 2013 Filing 470 MOTION for miscellaneous relief, specifically Dissolve Writ of Garnishment and Claim of Exemption on Garnishment against SunTrust Bank by Joanne R. Werntz. (Rotella, Raymond)
March 14, 2013 Opinion or Order Filing 469 ORDER granting #467 Motion for Statutory Attorney Fee. The Clerk is directed to remit the $100.00 statutory fee to the Garnishee, Sun Trust Bank. Signed by Magistrate Judge Gregory J. Kelly on 3/14/2013. (PAB)
March 13, 2013 Filing 468 CERTIFICATE of service by Orlando Health, Orlando Regional Healthcare Systems, Inc. re #467 Answer to Writ of Garnishment and MOTION for garnishment fee . (Landis, David)
March 11, 2013 Filing 467 Answer to Writ of Garnishment and MOTION for garnishment fee by SunTrust Bank. (Barry, John) Modified on 3/12/2013 (LMM).
March 5, 2013 Filing 466 CERTIFICATE of service by Orlando Health, Orlando Regional Healthcare Systems, Inc. re #464 Answer to Writ of Garnishment . (Landis, David)
March 1, 2013 Filing 465 NOTICE of Appearance by Raymond John Rotella on behalf of Joanne R. Werntz (Rotella, Raymond)
February 15, 2013 Filing 464 ANSWER to Writ of Garnishment by SunTrust Bank (signed by non-attorney Annette Stanley). (JET)
February 12, 2013 Filing 463 PROOF of service (Marshal 285 form) of Writ of Garnishment by Orlando Health on SunTrust Bank by service on Licensed Personal Banker Rebecca Rissmann. (JET)
February 12, 2013 Filing 454 CERTIFICATE of service of Second Ex Parte Writ of Garnishment and related documents by Orlando Health . (Landis, David) Modified on 2/13/2013 (JET).
February 8, 2013 Filing 462 **Dissolved per #471 Order** WRIT OF GARNISHMENT issued for SunTrust Bank signed by Deputy Clerk on 2/8/13. ORIGINALLY FILED AS Sealed Document S-9. (JET). Modified on 2/13/2013 to add PDF (JET). UNSEALED PER CHAMBERS; SEE ORDER #461. Modified on 4/24/2013 (LMM).
February 8, 2013 Opinion or Order Filing 461 EX PARTE ORDER GRANTING Second Ex Parte Motion for Writ of Garnishment After Judgment and Motion to Seal signed by Magistrate Judge Gregory J. Kelly on 2/8/13. ORIGINALLY FILED AS Sealed Document S-8. (JET). Modified on 2/13/2013 to add PDF (JET). UNSEALED PER CHAMBERS; SEE ORDER FOR DIRECTIONS TO UNSEAL.
February 8, 2013 Opinion or Order Filing 460 EX PARTE ORDER VACATING ORDER S-6 signed by Magistrate Judge Gregory J. Kelly on 2/8/13; directing the Clerk to delete S-6. ORIGINALLY FILED AS Sealed Document S-7. (JET). Modified on 2/13/2013 to add PDF (JET). UNSEALED PER CHAMBERS; SEE DIRECTIONS FOR UNSEALING IN THIS ORDER AND IN ORDER #461.
February 7, 2013 Opinion or Order Filing 459 ORDER to file Motion and following Order under Seal signed by Magistrate Judge Gregory J. Kelly on 2/7/13. ORIGINALLY FILED AS Sealed Document S-5. (JET). Modified on 2/13/2013 to add PDF (JET). UNSEALED PER CHAMBERS; SEE ORDER #461.
February 7, 2013 Filing 458 Second Ex Parte MOTION for Writ of Garnishment After Judgment and MOTION to Seal and Memorandum in Support filed by Orlando Health. ORIGINALLY FILED AS Sealed Document S-4 (JET). Modified on 2/13/2013 to add PDF (JET). UNSEALED PER CHAMBERS; SEE ORDER #461. Garnishment fee paid 27/13, receipt number ORL23039; emailed to finance department.
February 7, 2013 Filing 457 Ex Parte ORDER denying Motion for Writ of Garnishment after Judgment and directing the Clerk to return the $100.00 Garnishment Deposit; signed by Magistrate Gregory J. Kelly on 2/7/12. ORIGINALLY FILED AS Sealed Document S-3 (JET). Modified on 2/13/2013 to add PDF (JET). UNSEALED PER CHAMBERS; SEE ORDER S-8.
February 7, 2013 Opinion or Order Filing 456 ORDER to Seal Motion for Garnishment. ORIGINALLY FILED AS Sealed Document S-2; signed by Magistrate Judge Gregory J. Kelly on 2/7/13. (JET). Modified on 2/13/2013 to add PDF (JET). UNSEALED PER CHAMBERS; SEE ORDER S-8.
February 7, 2013 VACATED ORDER, DELETED PER ORDER S-8. ORIGINALLY FILED AS Sealed Document S-6. (JET) Modified on 2/13/2013 to add text (JET). UNSEALED PER CHAMBERS.
February 1, 2013 Filing 455 Ex Parte MOTION for Writ of Garnishment After Judgment and Motion to Seal and Memorandum of Law in Support filed by Orlando Health. Originally filed as Sealed Document S-1. (JET). Modified on 2/13/2013 to add PDF (JET). UNSEALED PER CHAMBERS; SEE ORDER #461. Garnishment fee paid on 2/1/13, receipt number ORL22812; email to finance department and returned when Motion was denied on 2/7/13.
January 15, 2013 Filing 453 Notification from the U.S. Court of Appeals, 11th Circuit, that WRIT OF CERTIORARI has been denied by the U.S. Supreme Court as to #381 Notice of appeal filed by Raymond H. Pierson, III, Issued on 1/14/13. The court's mandate having previously issued, no further action will be taken by this court. (JET)
October 26, 2012 Filing 452 JUDGMENT on attorney fees. Fees awarded to Defendants Orlando Health (formerly known as Orlando Regional Healthcare Systems, Inc.), John Hillenmeyer, Thomas Csencsitz, C. Gordon Wolfram, Gregory A. Rief, Linda G.T. Parks and Erik Lieberman against Plaintiffs, Raymond H. Pierson, III, and Joanne R. Werntz (Signed by Deputy Clerk) (JET)
October 26, 2012 Filing 451 JUDGMENT on attorney fees. Fees awarded to Defendants, Wolverine Anesthesia Consultants M.D., P.A., Roger Murbach, Steven Appelblatt, N. Donald Diebel, Manuel J. Galceran, Frank Bone, Hedrick J. Rivero, William Bott, Rory Evans, J. David Moser and J. Dean Cole against Plaintiffs, Raymond H. Pierson, III, and Joanne R. Werntz (Signed by Deputy Clerk) (JET)
October 25, 2012 Opinion or Order Filing 450 ORDER granting #442 Motion for attorney fees; granting #443 Motion for attorney fees; adopting #445 Report and Recommendation; adopting #446 Report and Recommendation; directing the Clerk to enter judgment as set forth in the Order. Signed by Judge John Antoon II on 10/25/2012. (BRS)
October 12, 2012 Opinion or Order Filing 449 ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #447 Motion for extension of time to file response/reply ; denying without prejudice for failure to comply with Local Rule 3.01(g) #448 Motion for extension of time to file response/reply. Signed by Magistrate Judge Gregory J. Kelly on 10/12/2012. (PAB)
October 10, 2012 Filing 448 MOTION for 30-day extension of time to file response as to #445 REPORT AND RECOMMENDATION re #443 MOTION for attorney fees by Raymond H. Pierson, III (FILING PRO SE). (JET) Motions referred to Magistrate Judge Gregory J. Kelly.
October 10, 2012 Filing 447 MOTION for 30-day extension of time to file response as to #446 REPORT AND RECOMMENDATION re #442 MOTION for attorney fees by Raymond H. Pierson, III (FILING PRO SE). (JET) Motions referred to Magistrate Judge Gregory J. Kelly.
September 28, 2012 Filing 446 REPORT AND RECOMMENDATION re #442 MOTION for attorney fees filed by Linda G.T. Parks, C. Gordon Wolfram, John Hillenmeyer, Thomas Csencsitz, Orlando Health, Gregory A. Rief, Phillip G. Spiegel. Signed by Magistrate Judge Gregory J. Kelly on 9/28/2012. (PAB)
September 28, 2012 Filing 445 REPORT AND RECOMMENDATION re #443 MOTION for attorney fees filed by J. David Moser, Steven Appleblatt, Roger Murbach, J. Dean Cole, Rory Evans, N. Donald Diebel, Wolverine Anesthesia Consultants M.D, P.A., Frank Bone, Hedrick J. Rivero, Manuel J. Galceran, William Bott. Signed by Magistrate Judge Gregory J. Kelly on 9/28/2012. (PAB)
July 17, 2012 Filing 444 JUDGMENT (FOR ATTORNEYS FEES AND COSTS) Is hereby entered in favor of Orlando Regional Healthcare System, Inc., Thomas Csencsitz, John Hillenmeyer, C. Gordon Wolfram, Gregory A. Rief and Linda G.T. Parks, as Co-Personal Representatives of the Estate of John Connolly, and Erik Lieberman, as Personal Representative of the Estate of Phillip G. Spiegel, and against Raymond H. Pierson, III and Joanne R. Werntz for attorneys fees as follows: a. $749,169.20 in attorneys fees, jointly and severally, against Raymond H. Pierson, III, and Joanne R. Werntz; b. $38,218.70 in attorneys fees against Joanne R. Werntz individually; and c. $76,048.20 in attorneys fees against Raymond H. Pierson, III individually. IT IS FURTHER ORDERED AND ADJUDGED that judgment is hereby entered in favor of Orlando Regional Healthcare System, Inc., Thomas CSENCSITZ, John Hillenmeyer, C. Gordon Wolfram, Gregory A. Rief and Linda G.T. Parks, as Co-Personal Representatives of the Estate of John Connolly, and Erik Lieberman, as Personal Representative of the Estate of Philip G. Spiegel, and against Raymond H. Pierson, III and Joanne R. Werntz for costs as follows: a. $61,468.36 in costs against Raymond H. Pierson, III and Joanne R. Werntz. FOR WHICH SUMS LET EXECUTION ISSUE. Signed by Deputy Clerk on 7/17/2012. Signed by Deputy Clerk on 7/17/2012. (MAA)
July 16, 2012 Filing 443 Physician Appellees' MOTION for attorney fees (Originally filed at the USCA on 2/9/12 see USCA Order at Doc. NO. 441) by Steven Appleblatt, Frank Bone, William Bott, J. Dean Cole, N. Donald Diebel, Rory Evans, Manuel J. Galceran, J. David Moser, Roger Murbach, Hedrick J. Rivero, Wolverine Anesthesia Consultants M.D, P.A.. (CH) Motions referred to Magistrate Judge Gregory J. Kelly.
July 16, 2012 Filing 442 MOTION for Appellate attorney fees and Memorandum of Law in Support (Originally filed at the USCA on 2/9/12 see USCA Order at Doc. NO. #441) by Thomas Csencsitz, John Hillenmeyer, Orlando Health, Linda G.T. Parks, Gregory A. Rief, Phillip G. Spiegel, C. Gordon Wolfram. (CH) Motions referred to Magistrate Judge Gregory J. Kelly.
July 16, 2012 Opinion or Order Filing 441 ORDER of USCA granting Join Motion of Appellees to Transfer Consideration of Appellate Fees Issue to District Court as to #381 Notice of appeal filed by Raymond H. Pierson, III. EOD: 7/13/12; USCA number: 10-15496-CC. (CH)
July 16, 2012 Opinion or Order Filing 440 ORDER adopting #437 Report and Recommendation; granting #428 Second Renewed Motion for attorneys' fees; granting #439 Unopposed Motion for entry of consolidated final judgment for fees and costs; entering judgment for fees and costs. Signed by Judge John Antoon II on 7/16/2012. (BRS)
July 12, 2012 Filing 439 Unopposed MOTION for Consolidated Final Judgment for Both Fees and Costs judgment by Thomas Csencsitz, John Hillenmeyer, Erik Lieberman, Orlando Health, Linda G.T. Parks, Gregory A. Rief, C. Gordon Wolfram. (Alvaro, Chad)
June 25, 2012 Filing 438 NOTICE by Raymond H. Pierson, III of Intent to Seek Relief in and Through the United States Supreme Court (Romano, John)
June 21, 2012 Filing 437 REPORT AND RECOMMENDATION re #428 MOTION for attorney fees (Second Renewed Motion) MOTION for attorney fees (Second Renewed Motion) filed by Linda G.T. Parks, C. Gordon Wolfram, Erik Lieberman, John Hillenmeyer, Thomas Csencsitz, Orlando Health, Gregory A. Rief. Signed by Magistrate Judge Gregory J. Kelly on 6/21/2012. (PAB)
June 19, 2012 Filing 436 JUDGMENT ISSUED AS THE MANDATE of USCA as to #381 Notice of appeal filed by Raymond H. Pierson, III Issued as Mandate: 6/15/2012 USCA number: 10-15496. AFFIRMING DISTRICT COURT JUDGMENT. Opinion filed at doc. no. #435 (Attachments: #1 USCA Bill of Costs and Invoice)(CH)
June 19, 2012 Filing 435 OPINION/ORDER of USCA Affirming District Court Judgment as to #381 Notice of appeal filed by Raymond H. Pierson, III. EOD: 1/13/2012; Mandate to issue at a later date. USCA number: 10-15496. (CH)
May 2, 2012 Filing 434 JUDGMENT that judgment is hereby entered in favor of the Defendants, Roger Murbach, Steven Appelblatt, Frank Bone, William Bott, J. Dean Cole, J. David Moser, N. Donald Diebel, Rory Evans, Manuel J. Galceran, Hedrick J. Rivero, and Wolverine Anesthia Consultants, M.D., P.A. and against the Plaintiffs, Raymond H. Pierson, III and Joanne R. Werntz, as follows:I. $904,811.50 in attorneys fees and costs plus interest, jointly and severally, against Raymond H. Pierson, III and Joanne R. Werntz;ii. $8,790.00 in attorneys fees plus interest against Joanne R. Werntz; andiii. $48,457.89 in costs plus interest, jointly and severally, against Raymond H. Pierson, III and Joanne R. Werntz. Signed by Deputy Clerk on 5/2/2012. (MAA)
May 1, 2012 Opinion or Order Filing 433 ORDER adopting #429 REPORT AND RECOMMENDATION; granting in part and denying in part #422 Supplemental MOTION for attorney fees and costs; judgment is entered in favor of J. David Moser, Steven Appleblatt, Roger Murbach, J. Dean Cole, Rory Evans, N. Donald Diebel, Wolverine Anesthesia Consultants M.D, P.A., Frank Bone, Hedrick J. Rivero, Manuel J. Galceran, and William Bott for attorneys' fees and costs as set forth in this Order. Signed by Judge John Antoon II on 5/1/2012. (BRS)
April 18, 2012 Filing 432 JUDGMENT that final judgment is hereby entered in favor of Defendants, Roy Sanders, M.D. and Musculoskeletal Institute Chartered, and against Plaintiffs,Raymond H. Pierson, III, M.D. and Joanne R. Werntz, M.D., jointly and severally, in the amount of $122,603.74. Signed by Deputy Clerk on 4/18/2012. (MAA)
April 17, 2012 Opinion or Order Filing 431 ORDER granting #423 Motion for Entry of Final Judgment; the Clerk of the Court is directed to enter Final Judgment as to Defendants Roy Sanders, M.D. and Musculoskeletal Institute Chartered as set forth in this Order. Signed by Judge John Antoon II on 4/17/2012. (BRS)
April 16, 2012 Filing 430 RESPONSE re #422 Supplemental MOTION for attorney fees and costs, #429 REPORT AND RECOMMENDATION re #422 Supplemental MOTION for attorney fees and costs filed by J. David Moser, Steven Appleblatt, Roger Murbach, J. Dean Cole, Rory Evans, N. Donald Diebel, Wolverine Anesthesia Consultants M.D, P.A., Frank Bone, HedrREPORT AND RECOMMENDATION re #422 Supplemental MOTION for attorney fees and costs filed by J. David Moser, Steven Appleblatt, Roger Murbach, J. Dean Cole, Rory Evans, N. Donald Diebel, Wolverine Anesthesia Consultants M.D, P.A., Frank Bone, Hedr filed by Raymond H. Pierson, III. (Romano, John)
April 4, 2012 Filing 429 REPORT AND RECOMMENDATION re #422 Supplemental MOTION for attorney fees and costs filed by J. David Moser, Steven Appleblatt, Roger Murbach, J. Dean Cole, Rory Evans, N. Donald Diebel, Wolverine Anesthesia Consultants M.D, P.A., Frank Bone, Hedrick J. Rivero, Manuel J. Galceran, William Bott. Signed by Magistrate Judge Gregory J. Kelly on 4/4/2012. (PAB)
March 30, 2012 Filing 428 MOTION for attorney fees (Second Renewed Motion) by Thomas Csencsitz, John Hillenmeyer, Erik Lieberman, Orlando Health, Linda G.T. Parks, Gregory A. Rief, C. Gordon Wolfram. (Alvaro, Chad) Motions referred to Magistrate Judge Gregory J. Kelly.
March 30, 2012 Filing 427 DECLARATION of W. Scott Gabrielson, Esq. in Support of Second Renewed Motion for Attorneys' Fees by Thomas Csencsitz, John Hillenmeyer, Erik Lieberman, Orlando Health, Linda G.T. Parks, Gregory A. Rief, C. Gordon Wolfram. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Alvaro, Chad)
March 28, 2012 Opinion or Order Filing 426 ORDER denying without prejudice #421 Renewed motion for attorneys' fees by ORHS et. al. Signed by Magistrate Judge Gregory J. Kelly on 3/28/2012. (PAB)
March 14, 2012 Opinion or Order Filing 425 ORDER directing Raymond H. Pierson, III, Joanne R. Werntz to respond to #422 Supplemental MOTION for attorney fees and costs, #421 MOTION for attorney fees RENEWED within seven (7) days from the date of this order. Otherwise, the Court will treat the motions as unopposed. Signed by Magistrate Judge Gregory J. Kelly on 3/14/2012. (PAB)
February 8, 2012 Filing 424 NOTICE by Raymond H. Pierson, III That He Is Proceeding with a Petition for Rehearing in the Eleventh U.S. Circuit Court of Appeals (Romano, John)
February 7, 2012 Filing 423 MOTION Entry of Final Judgment under Rule 54(b) by Musculoskeletal Institute, Chartered, Roy W. Sanders. (McLaughlin, Mark) *Modified text on 2/8/2012 (MAA).
February 6, 2012 Filing 422 RENEWED and AMENDED MOTION for attorney fees and costs by Steven Appleblatt, Frank Bone, William Bott, J. Dean Cole, N. Donald Diebel, Rory Evans, Manuel J. Galceran, J. David Moser, Roger Murbach, Hedrick J. Rivero, Wolverine Anesthesia Consultants M.D, P.A.. (Attachments: #1 Affidavit, #2 Affidavit)(King, David) Motions referred to Magistrate Judge Gregory J. Kelly. *Modified text on 2/7/2012 (MAA).
February 6, 2012 Filing 421 RENEWED MOTION for attorney fees by Thomas Csencsitz, John Hillenmeyer, Erik Lieberman, Orlando Regional Healthcare Systems, Inc., Gregory A. Rief, C. Gordon Wolfram, and Linda G.T. Parks. (Alvaro, Chad) Motions referred to Magistrate Judge Gregory J. Kelly. *Modified text/filers on 2/7/2012 (MAA).
February 6, 2012 Filing 420 NOTICE by Orlando Health of Filing of the Opinion of the US Court of Appeals for the Eleventh Circuit (Attachments: #1 Exhibit 1)(Alvaro, Chad) *Modified text on 2/7/2012 (MAA).
January 25, 2012 Opinion or Order Filing 419 ORDER Granting in part and denying in part #394 Motion for attorney fees; The Motion is GRANTED to the extent that pursuant to Section 395.0193(9)(a), Florida Statutes and 28 U.S.C. 1920, fees and costs are awarded to Defendants Roy Sanders, M.D., and Musculoskeletal Institute Chartered, in the amount of $ 93,633.00 in attorneys' fees, and $28,970.74 in costs, for a total of $122,603.74. The Motion is otherwise DENIED. Denying #397 Motion for sanctions; Adopting Report and Recommendations re #418 Report and Recommendations. Signed by Judge John Antoon II on 1/25/2012. (DJD)
December 13, 2011 Filing 418 REPORT AND RECOMMENDATION re #397 First MOTION for sanctions filed by Roy W. Sanders, Musculoskeletal Institute, Chartered, #394 Amended MOTION for attorney fees filed by Roy W. Sanders, Musculoskeletal Institute, Chartered. Signed by Magistrate Judge Gregory J. Kelly on 12/13/2011. (PAB)
November 3, 2011 Filing 417 REPLY to RESPONSE re #394 Amended MOTION for attorney feesfiled by Musculoskeletal Institute, Chartered, and Roy W. Sanders. (McLaughlin, Mark) Modified on 11/3/2011 (SR).
October 20, 2011 Opinion or Order Filing 416 ENDORSED ORDER granting in part and denying in part #414 Motion for leave to file reply to Plaintiff's opposition to Defendants' amended motion for attorneys' fees and costs. Defendant may file a reply not to exceed seven (7) pages in length within fourteen (14) days from the date of this order. Otherwise, the motion is denied. Signed by Magistrate Judge Gregory J. Kelly on 10/20/2011. (PAB)
October 19, 2011 Filing 415 MEMORANDUM in opposition re #397 Motion for sanctions filed by Raymond H. Pierson, III. (Attachments: #1 Affidavit Affidavit of John Fletcher Romano)(Romano, John)
October 19, 2011 Filing 414 MOTION for leave to file Defendants' Roy Sanders, MD and Musculoskeletal Unopposed Motion for Leave to File a Reply to Plaintiff's Memorandum of Law in Opposition to Defendants' Amended Motion for Attorney's Fees and Costs by Roy W. Sanders. (McLaughlin, Mark)
October 12, 2011 Opinion or Order Filing 413 ENDORSED ORDER granting #412 Motion for extension of time to file response to First MOTION for sanctions. Responses due by 10/19/2011. Signed by Magistrate Judge Gregory J. Kelly on 10/12/2011. (PAB)
October 11, 2011 Filing 412 Second MOTION for extension of time to 10/19/11 to file response/reply as to #397 First MOTION for sanctions by Raymond H. Pierson, III. (Romano, John) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 10/12/2011 (IGC).
September 30, 2011 Filing 411 MEMORANDUM in opposition re #394 Motion for attorney fees and Costs filed by Raymond H. Pierson, III. (Romano, John)
September 21, 2011 Opinion or Order Filing 410 ENDORSED ORDER granting #409 Motion for extension of time to file response to Amended MOTION for attorney fees. Responses due by 9/30/2011. Signed by Magistrate Judge Gregory J. Kelly on 9/21/2011. (PAB)
September 21, 2011 Filing 409 Second MOTION for extension of time to file response/reply as to #394 Amended MOTION for attorney fees by Raymond H. Pierson, III. (Romano, John) Motions referred to Magistrate Judge Gregory J. Kelly.
September 16, 2011 Opinion or Order Filing 408 ENDORSED ORDER granting #407 Motion for extension of time to file response to First MOTION for sanctions. Responses due by 10/12/2011. Signed by Magistrate Judge Gregory J. Kelly on 9/16/2011. (PAB)
September 15, 2011 Filing 407 Unopposed MOTION for extension of time to 10/12/11 to file response/reply as to #397 First MOTION for sanctions by Raymond H. Pierson, III. (Romano, John) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 9/16/2011 to add date requested (CBH).
September 8, 2011 Filing 406 DECLARATION of Mark E. McLaughlin, Esquire by Musculoskeletal Institute, Chartered, Roy W. Sanders in support of #397 Motion for sanctions . (McLaughlin, Mark) *Modified text on 9/9/2011 (MAA).
September 8, 2011 Filing 405 Exhibits in support of #397 First MOTION for sanctions by Musculoskeletal Institute, Chartered, Roy W. Sanders. (Attachments: #1 Exhibit Appellants' Initial Brief, #2 Exhibit Appellees', Roy W. Sanders, M.D. and Musculoskeletal Institute Chartered d/b/a Florida Orthopaedic Institute, Motion for Sanctions, #3 Exhibit Declaration of Mark E. McLaughlin in Support of Motion for Sanctions Pursuant to 28 U.S.C. 1927)(McLaughlin, Mark) *Modified text on 9/9/2011 (MAA).
September 8, 2011 Filing 404 Deposition in support of #397 First MOTION for sanctions by Musculoskeletal Institute, Chartered, Roy W. Sanders. (Attachments: #1 Exhibit Deposition Transcript of Raymond Pierson, III (Volume VIII of XII))(McLaughlin, Mark) *Modified text on 9/9/2011 (MAA).
September 8, 2011 Filing 403 Deposition in support of #397 First MOTION for sanctions by Musculoskeletal Institute, Chartered, Roy W. Sanders. (Attachments: #1 Exhibit Deposition Transcript of Dr. Sanders (Part 2 of 2))(McLaughlin, Mark) *Modified text on 9/9/2011 (MAA).
September 8, 2011 Filing 402 Deposition in support of #397 First MOTION for sanctions by Musculoskeletal Institute, Chartered, Roy W. Sanders. (Attachments: #1 Exhibit Deposition Transcript of Dr. Sanders (Part 1 of 2))(McLaughlin, Mark) *Modified text on 9/9/2011 (MAA).
September 8, 2011 Opinion or Order Filing 401 ENDORSED ORDER granting #396 Motion for extension of time to file response to Amended MOTION for attorney fees. Responses due by 9/23/2011. Signed by Magistrate Judge Gregory J. Kelly on 9/8/2011. (PAB)
September 8, 2011 Filing 400 Deposition in support of #397 First MOTION for sanctions by Musculoskeletal Institute, Chartered, Roy W. Sanders. (Attachments: #1 Exhibit Deposition Transcript of Dr. Moser (Part 3 of 3))(McLaughlin, Mark) *Modified text on 9/9/2011 (MAA).
September 8, 2011 Filing 399 Deposition in support of #397 First MOTION for sanctions by Musculoskeletal Institute, Chartered, Roy W. Sanders. (Attachments: #1 Exhibit Deposition Transcript of Dr. Moser (Part 2 of 3))(McLaughlin, Mark) *Modified text on 9/9/2011 (MAA).
September 8, 2011 Filing 398 Deposition in support of #397 First MOTION for sanctions by Musculoskeletal Institute, Chartered, Roy W. Sanders. (Attachments: #1 Exhibit Deposition Transcript of Dr. Moser (Part 1 of 3))(McLaughlin, Mark) *Modified text on 9/9/2011 (MAA).
September 8, 2011 Filing 397 First MOTION for sanctions by Musculoskeletal Institute, Chartered, Roy W. Sanders. (Attachments: #1 Exhibit January 6, 2009 Letter, #2 Exhibit March 23, 2009 Letter, #3 Exhibit March 30, 2011 Letter, #4 Exhibit Affidavit of Roy W. Sanders, M.D., #5 Exhibit Florida Orthopaedic Institute's Answers to Plaintiff's Interrogatories, #6 Exhibit Roy Sanders, M.D.'s Answers to Plaintiff's Interrogatories)(McLaughlin, Mark) *Modified links on 9/9/2011 (MAA).
September 7, 2011 Filing 396 Unopposed MOTION for extension of time to 9/23/11 to file response/reply as to #394 Amended MOTION for attorney fees by Raymond H. Pierson, III. (Romano, John) Motions referred to Magistrate Judge Gregory J. Kelly. *Modified text on 9/8/2011 (MAA).
August 25, 2011 Filing 395 DECLARATION of Mark E. McLaughlin by Musculoskeletal Institute, Chartered, Roy W. Sanders. (McLaughlin, Mark)
August 25, 2011 Filing 394 Amended MOTION for attorney fees by Musculoskeletal Institute, Chartered, Roy W. Sanders. (McLaughlin, Mark) Motions referred to Magistrate Judge Gregory J. Kelly.
August 25, 2011 Filing 393 PROPOSED BILL OF COSTS by Musculoskeletal Institute, Chartered, Roy W. Sanders. (McLaughlin, Mark)
August 17, 2011 Opinion or Order Filing 392 ORDER (dismissing in part and REMANDING in part) of USCA as to #381 Notice of appeal filed by Raymond H. Pierson, III. EOD: 8/12/2011; USCA number: 10-15496-CC. (SR) Modified on 8/17/2011 (SR).
April 19, 2011 Opinion or Order Filing 391 ORDER denying without prejudice #366 Motion for attorney fees; denying without prejudice #369 Motion for attorney fees; denying without prejudice #371 Motion for attorney fees. Signed by Magistrate Judge Gregory J. Kelly on 4/19/2011. (DEH)
April 18, 2011 ACKNOWLEDGMENT by USCA of receiving Record on Appeal on 4/11/2011 re #381 Notice of appeal. USCA number: 10-15496-CC. (SR)
April 7, 2011 RECORD on appeal sent to USCA re #381 Notice of appeal. Transmittal includes certified copy of docket sheet, volume of pleadings: 26 (4 Boxes), USCA number 10-15496-CC. (SR)
January 4, 2011 Filing 390 REPLY to response to motion re #369 MOTION for attorney fees AND COSTS, #371 MOTION for attorney fees and Costs and Memorandum of Law in Support, #366 MOTION for attorney fees filed by Steven Appleblatt, Frank Bone, William Bott, J. Dean Cole, Thomas Csencsitz, N. Donald Diebel, Rory Evans, Manuel J. Galceran, John Hillenmeyer, Erik Lieberman, J. David Moser, Roger Murbach, Musculoskeletal Institute, Chartered, Orlando Health, Linda G.T. Parks, Gregory A. Rief, Hedrick J. Rivero, Roy W. Sanders, C. Gordon Wolfram, Wolverine Anesthesia Consultants M.D, P.A.. (Attachments: #1 Exhibit A)(Alvaro, Chad)
December 21, 2010 Opinion or Order Filing 389 ENDORSED ORDER granting #388 Motion for leave to file a consolidated reply within fourteen (14) days from the date of this order to the Plaintiffs' responses (Doc. Nos. 384-386). Signed by Magistrate Judge Gregory J. Kelly on 12/21/2010. (PAB)
December 20, 2010 Filing 388 Unopposed Joint MOTION for leave to file Joint Reply on behalf of all defendants to Plaintiffs' Responses to Defendants' Motions for Attorneys' Fees by Steven Appleblatt, Frank Bone, William Bott, J. Dean Cole, Thomas Csencsitz, N. Donald Diebel, Rory Evans, Manuel J. Galceran, John Hillenmeyer, Erik Lieberman, J. David Moser, Roger Murbach, Musculoskeletal Institute, Chartered, Orlando Health, Linda G.T. Parks, Gregory A. Rief, Hedrick J. Rivero, Roy W. Sanders, C. Gordon Wolfram, Wolverine Anesthesia Consultants M.D, P.A.. (Alvaro, Chad) *Modified text on 12/21/2010 (MAA).
December 15, 2010 Filing 387 TRANSCRIPT information form filed by Raymond H. Pierson, III for proceedings held on 6/13/08, 8/5/08, 11/19/09 before Judge John Antoon II re #381 Notice of appeal. USCA number: 10-15496. (Rogow, Bruce)
December 13, 2010 Filing 386 MEMORANDUM in opposition re #371 Motion for attorney fees and Costs filed by Raymond H. Pierson, III. (Romano, John)
December 9, 2010 Filing 385 MEMORANDUM in opposition re #369 Motion for attorney fees and Costs filed by Raymond H. Pierson, III. (Romano, John)
December 9, 2010 Filing 384 MEMORANDUM in opposition re #366 Motion for attorney fees and Costs filed by Raymond H. Pierson, III. (Romano, John)
December 1, 2010 USCA appeal fees received in the amount of $ 455; receipt number 37058 re #381 Notice of appeal filed by Raymond H. Pierson, III. (SR)
November 26, 2010 Filing 383 BILL OF COSTS taxed against Plaintiffs Raymond H. Pierson, III, M.D. and Joanne R. Werntz, M.D. in the amount of 48,457.89. Signed by Deputy Clerk. (SR)
November 26, 2010 Filing 382 BILL OF COSTS taxed against Plaintiffs Raymond H. Pierson, III, M.D. and Joanne R. Werntz, M.D. in the amount of 61,468.36. Signed by Deputy Clerk. (SR)
November 26, 2010 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #381 Notice of appeal. Eleventh Circuit Transcript information form forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under Forms and Publications/General. (MAA)
November 24, 2010 Filing 381 NOTICE OF APPEAL as to #365 Judgment by Raymond H. Pierson, III. (Filing fee not paid) (Romano, John)
November 16, 2010 Opinion or Order Filing 380 ENDORSED ORDER granting #377 Motion to extend time until December 13, 2010 to respond to Defendants' motion for attorneys' fees and costs; granting #378 Motion to extend time until December 9, 2010, to respond to Defendants' motion for attorneys' fees and costs; granting #379 Motion to extend time until December 14, 2010, to respond to Defendants' motion for attorneys' fees and costs. Signed by Magistrate Judge Gregory J. Kelly on 11/16/2010. (PAB)
November 15, 2010 Filing 379 Unopposed MOTION to extend time to Respond to Motion for Attorney's Fees and Costs by Defendants, ORHS, Csencsitz, Hillenmeyer, Wolfram, Connolly and Spiegel by Raymond H. Pierson, III. (Romano, John)
November 15, 2010 Filing 378 Unopposed MOTION to extend time to Respond to the Motion for Attorney's Fees & Costs filed by Physician Defendants by Raymond H. Pierson, III. (Romano, John)
November 15, 2010 Filing 377 Unopposed MOTION to extend time to Respond to Motion for Attorney's Fees & Costs filed by Defendants Sanders & Musculoskeletal Institute Chartered by Raymond H. Pierson, III. (Romano, John)
November 11, 2010 Filing 376 PROPOSED BILL OF COSTS by Steven Appleblatt, Frank Bone, William Bott, J. Dean Cole, N. Donald Diebel, Rory Evans, Manuel J. Galceran, J. David Moser, Roger Murbach, Hedrick J. Rivero, Wolverine Anesthesia Consultants M.D, P.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(King, David)
November 10, 2010 Filing 375 Supplemental DECLARATION of David B. King re #367 Declaration, #366 MOTION for attorney fees by Steven Appleblatt, Frank Bone, William Bott, J. Dean Cole, N. Donald Diebel, Rory Evans, Manuel J. Galceran, J. David Moser, Roger Murbach, Hedrick J. Rivero, Wolverine Anesthesia Consultants M.D, P.A. (Attachments: #1 Exhibit Index, #2 Exhibit A, #3 Exhibit B)(Zehnder, Thomas) Modified text on 11/12/2010 (DDK).
November 10, 2010 Filing 374 PROPOSED BILL OF COSTS by Thomas Csencsitz, John Hillenmeyer, Erik Lieberman, Orlando Health, Linda G.T. Parks, Gregory A. Rief, C. Gordon Wolfram. (Attachments: #1 Exhibit Attachment 1, #2 Exhibit Attachment 2, #3 Exhibit Attachment 3, #4 Exhibit Attachment 4)(Alvaro, Chad)
November 10, 2010 Filing 373 AFFIDAVIT of Hal K. Litchford re: #371 MOTION for attorney fees and Costs and Memorandum of Law in Support by Thomas Csencsitz, John Hillenmeyer, Erik Lieberman, Orlando Health, Linda G.T. Parks, Gregory A. Rief, C. Gordon Wolfram. (Alvaro, Chad)
November 10, 2010 Filing 372 DECLARATION of W. Scott Gabrielson re #371 MOTION for attorney fees and Costs and Memorandum of Law in Support by Thomas Csencsitz, John Hillenmeyer, Erik Lieberman, Orlando Health, Linda G.T. Parks, Gregory A. Rief, C. Gordon Wolfram. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Alvaro, Chad)
November 10, 2010 Filing 371 MOTION for attorney fees and Costs and Memorandum of Law in Support by Thomas Csencsitz, John Hillenmeyer, Erik Lieberman, Orlando Health, Linda G.T. Parks, Gregory A. Rief, C. Gordon Wolfram. (Alvaro, Chad)
November 9, 2010 Filing 370 DECLARATION of Mark E. McLaughlin, Esquire by Roy W. Sanders. (Attachments: #1 Exhibit INVOICES, #2 Exhibit INVOICES)(McLaughlin, Mark)
November 9, 2010 Filing 369 MOTION for attorney fees AND COSTS by Roy W. Sanders. (McLaughlin, Mark)
November 5, 2010 Filing 368 DECLARATION of William B. Wilson re #366 MOTION for attorney fees by Steven Appleblatt, Frank Bone, William Bott, J. Dean Cole, N. Donald Diebel, Rory Evans, Manuel J. Galceran, J. David Moser, Roger Murbach, Hedrick J. Rivero, Wolverine Anesthesia Consultants M.D, P.A.. (Zehnder, Thomas)
November 5, 2010 Filing 367 DECLARATION of David B. King re #366 MOTION for attorney fees by Steven Appleblatt, Frank Bone, William Bott, J. Dean Cole, N. Donald Diebel, Rory Evans, Manuel J. Galceran, J. David Moser, Roger Murbach, Hedrick J. Rivero, Wolverine Anesthesia Consultants M.D, P.A.. (Attachments: #1 Exhibit Index, #2 Composite Exhibit A, #3 Composite Exhibit B)(Zehnder, Thomas)
November 5, 2010 Filing 366 MOTION for attorney fees and costs by Steven Appleblatt, Frank Bone, William Bott, J. Dean Cole, N. Donald Diebel, Rory Evans, Manuel J. Galceran, J. David Moser, Roger Murbach, Hedrick J. Rivero, Wolverine Anesthesia Consultants M.D, P.A. (King, David) *Modified text on 11/8/2010 (MAA).
October 28, 2010 Filing 365 JUDGMENT that the Plaintiffs take nothing on any of their claims against any of the Defendants. Signed by Deputy Clerk on 10/28/2010. (MAA)
October 27, 2010 Opinion or Order Filing 364 ORDER granting #330 Motion for Summary Judgment; denying as moot #359 Motion in Limine and #331 Request for Oral Argument; and directing Clerk to enter judgment and close the file. Signed by Judge John Antoon II on 10/27/2010. (EK)
October 25, 2010 Filing 363 NOTICE by Raymond H. Pierson, III of Trial Setting in State Court Case (Romano, John)
October 6, 2010 Filing 362 NOTICE by Orlando Health re #361 Order - Notice of Filing Pages 57-94 of the Transcript of the Deposition of Dr. Manuel Galceran (Attachments: #1 Main Document)(Alvaro, Chad)
October 6, 2010 Opinion or Order Filing 361 ORDER directing Defendant Orlando Health to supplement record with the deposition pages that are cited in its #330 memorandum of law but that were not included in the evidentiary materials filed with the Court. Signed by Judge John Antoon II on 10/6/2010. (EK)
September 21, 2010 Filing 360 MEMORANDUM in opposition re #359 Motion in limine of Defendant, ORHS filed by Raymond H. Pierson, III. (Romano, John)
September 7, 2010 Filing 359 MOTION in limine regarding Various Evidentiary Matters by Orlando Health. (Alvaro, Chad)
September 7, 2010 Filing 358 PRETRIAL STATEMENT by Orlando Health. (Attachments: #1 Exhibit A - Plaintiff's Exhibit List, #2 Exhibit B - Defendant's Exhibit List, #3 Exhibit C - Plaintiff's Witness List, #4 Exhibit D - Defendant's Witness List, #5 Exhibit E - Joint Proposed Jury Instructions, #6 Exhibit F - Special Verdict Form, #7 Exhibit G - Plaintiff's Proposed Voir Dire Questions, #8 Exhibit H - Defendant's Proposed Voir Dire Questions)(Alvaro, Chad)
August 31, 2010 Opinion or Order Filing 357 ENDORSED ORDER granting #355 Motion for extension of time to file the Pretrial Stipulation to September 7, 2010. Signed by Judge John Antoon II on 8/31/2010. (BRS)
August 30, 2010 Opinion or Order Filing 356 ORDER denying #341 Motion for entry of partial final judgment. Signed by Judge John Antoon II on 8/30/2010. (DJD)
August 30, 2010 Filing 355 MOTION for extension of time to file document by Raymond H. Pierson, III. (Romano, John)
August 30, 2010 Opinion or Order Filing 354 ORDER granting #303 Motion to Exclude and denying as moot #309 Motion to Exclude. Signed by Judge John Antoon II on 8/30/2010. (EK)
August 18, 2010 Opinion or Order Filing 353 ORDER denying without prejudice as premature #348 Motion for attorneys' fees and costs. Signed by Magistrate Judge Gregory J. Kelly on 8/18/2010. (PAB)
August 9, 2010 Filing 352 NOTICE OF FILING Exhibit A to #351 Memorandum in opposition by Raymond H. Pierson, III. (Romano, John) (Additional attachment(s) added on 8/10/2010: #2 Exhibit) (MAA). *Modified text and attachment (filed by counsel upside down) on 8/10/2010 (MAA).
July 21, 2010 Filing 351 MEMORANDUM in opposition re #348 Motion for attorney fees and costs filed by Raymond H. Pierson, III. (Romano, John)
July 7, 2010 Filing 350 DECLARATION of William B. Wilson re #348 MOTION for attorney fees and costs by Steven Appleblatt, Frank Bone, William Bott, J. Dean Cole, N. Donald Diebel, Rory Evans, Manuel J. Galceran, J. David Moser, Roger Murbach, Hedrick J. Rivero, Wolverine Anesthesia Consultants M.D, P.A.. (Zehnder, Thomas)
July 7, 2010 Filing 349 DECLARATION of David B. King re #348 MOTION for attorney fees and costs by Steven Appleblatt, Frank Bone, William Bott, J. Dean Cole, N. Donald Diebel, Rory Evans, Manuel J. Galceran, J. David Moser, Roger Murbach, Hedrick J. Rivero, Wolverine Anesthesia Consultants M.D, P.A.. (Attachments: #1 Exhibit Index, #2 Composite Exhibit A, #3 Composite Exhibit B)(Zehnder, Thomas)
July 7, 2010 Filing 348 MOTION for attorney fees and costs by Steven Appleblatt, Frank Bone, William Bott, J. Dean Cole, N. Donald Diebel, Rory Evans, Manuel J. Galceran, J. David Moser, Roger Murbach, Hedrick J. Rivero, Wolverine Anesthesia Consultants M.D, P.A.. (Zehnder, Thomas)
June 29, 2010 Opinion or Order Filing 347 ENDORSED ORDER denying #343 Motion to bifurcate trial on issue of liability. Signed by Judge John Antoon II on 6/29/2010. (DJD)
June 11, 2010 Filing 346 RESPONSE to motion re #343 MOTION to bifurcate Trial of Issue of Liability filed by Orlando Regional Healthcare Systems, Inc.. (Gabrielson, W.)
June 10, 2010 Filing 345 MEMORANDUM in opposition re #330 Motion for summary judgment filed by Raymond H. Pierson, III. (Romano, John)
June 1, 2010 Filing 344 RESPONSE in opposition re #341 MOTION for Entry of Partial Final judgment filed by Raymond H. Pierson, III. (Romano, John)
June 1, 2010 Filing 343 MOTION to bifurcate Trial of Issue of Liability by Raymond H. Pierson, III. (Romano, John)
May 24, 2010 Filing 342 Joinder re #341 for Entry of Partial Final Judgment in Favor and Incorporated Memorandum of Law by FOI and by Roy W. Sanders. (McLaughlin, Mark) Modified text on 5/24/2010. (KCH)
May 18, 2010 Filing 341 MOTION for Entry of Partial Final judgment by Steven Appleblatt, Frank Bone, William Bott, J. Dean Cole, N. Donald Diebel, Rory Evans, Manuel J. Galceran, J. David Moser, Roger Murbach, Hedrick J. Rivero, Wolverine Anesthesia Consultants M.D, P.A.. (Zehnder, Thomas)
May 13, 2010 Opinion or Order Filing 340 ORDER granting #339 Motion for extension of time to file response to motion for summary judgment to June 10, 2010. Signed by Judge John Antoon II on 5/13/2010. (BRS)
May 13, 2010 Filing 339 Unopposed MOTION for extension of time to file response/reply to Defendant, ORHS' Motion for Summary Judgment by Raymond H. Pierson, III. (Romano, John) Motions referred to Magistrate Judge Gregory J. Kelly.
May 8, 2010 Filing 338 NOTICE of Filing Exhibits 5 through 15 by Orlando Regional Healthcare Systems, Inc. (Attachments: #1 Exhibit 5 Ganjianpour Depo, #2 Exhibit 6 Bott Depo, #3 Exhibit 7 Csencsitz Depo. Vol. I, #4 Exhibit 7 Csencsitz Depo. Vol. II, #5 Exhibit 8 Diebel Depo, #6 Exhibit 9 Moser Depo, #7 Exhibit 10 Galceran Depo, #8 Exhibit 11 Burcham Depo, #9 Exhibit 12 Tews Depo, #10 Exhibit 13 Hansen Depo, #11 Exhibit 14 Paris Depo, #12 Exhibit 15 Pirela-Cruz Depo)(Gabrielson, W.) Modified text on 5/10/2010. (KCH)
May 8, 2010 Filing 337 NOTICE of Filing Exhibit 3-T through Exhibit 4, Vol. III by Orlando Regional Healthcare Systems, Inc. (Attachments: #1 Exhibit 3-T Statistical Data, #2 Exhibit 3-U Rivero Letter, #3 Exhibit 3-V Notices of Appeal, #4 Exhibit 3-W Lazar Letters, #5 Exhibit 3-X Appellate Briefs, #6 Exhibit 3-Y Florida Hospital Pierson Peer Review, #7 Exhibit 4 Pierson Depo. Vol. I, #8 Exhibit 4 Pierson Depo. Vol. II, #9 Exhibit 4 Pierson Depo. Vol. III)(Gabrielson, W.) Modified text on 5/10/2010. (KCH)
May 8, 2010 Filing 336 NOTICE of Filing Exhibit 3-S, Vol. IV through Vol. VIII by Orlando Regional Healthcare Systems, Inc. re #330 MOTION for summary judgment. (Attachments: #1 Exhibit 3-S Peer Review Hearing Transcript, Vol. IV, #2 Exhibit 3-S Peer Review Hearing Transcript, Vol. V, #3 Exhibit 3-S Peer Review Hearing Transcript, Vol. V-A, #4 Exhibit 3-S Peer Review Hearing Transcript, Vol. VI, #5 Exhibit 3-S Peer Review Hearing Transcript, Vol. VI-A, #6 Exhibit 3-S Peer Review Hearing Transcript, Vol. VII, #7 Exhibit 3-S Peer Review Hearing Transcript, Vol. VII-A, #8 Exhibit 3-S Peer Review Hearing Transcript, Vol. VIII)(Gabrielson, W.) Modified text on 5/10/2010. (KCH)
May 8, 2010 Filing 335 NOTICE Exhibit 3-S, Vol. I through Vol. III-A by Orlando Regional Healthcare Systems, Inc. Attachments: #1 Exhibit 3-S Peer Review Hearing Transcript, Vol. I, #2 Exhibit 3-S Peer Review Hearing Transcript, Vol. I-A, #3 Exhibit 3-S Peer Review Hearing Transcript, Vol. II, #4 Exhibit 3-S Peer Review Hearing Transcript, Vol. II-A, #5 Exhibit 3-S Peer Review Hearing Transcript, Vol. III, #6 Exhibit 3-S Peer Review Hearing Transcript, Vol. III-A)(Gabrielson, W.) Modified text on 5/10/2010. (KCH)
May 8, 2010 Filing 334 NOTICE of Filing Exhibits 3-G through 3-R by Orlando Regional Healthcare Systems, Inc. re #330 MOTION for summary judgment.(Attachments: #1 Exhibit 3-G Composite letters, #2 Exhibit 3-H Composite letters, #3 Exhibit 3-I Spiegel Overview, #4 Exhibit 3-J Spiegel re Surgical Scheduling, #5 Exhibit 3-K Spiegel re Operative Notes, #6 Exhibit 3-L Spiegel re Professional Relationships, #7 Exhibit 3-M Composite Letters, #8 Exhibit 3-N Composite Letters, #9 Exhibit 3-O Hillenmeyer and Csencsitz Letters, #10 Exhibit 3-P Composite Letters, #11 Exhibit 3-Q Stewart Letter, #12 Exhibit 3-R Correspondence re Shea)(Gabrielson, W.) Modified text on 5/10/2010. (KCH)
May 8, 2010 Filing 333 NOTICE of filing Exhibits 1-E through 3-F by Orlando Regional Healthcare Systems, Inc. re #330 MOTION for summary judgment. (Attachments: #1 Exhibit 1-E Hearing Panel Report, #2 Exhibit 1-F Credentials Committee Minutes, #3 Exhibit 1-G MEC Minutes, #4 Exhibit 1-H Appeal Panel Recommendation, #5 Exhibit 1-I Board Minutes, #6 Exhibit 2 Baker Affidavit, #7 Exhibit 3 Edenfield Affidavit, #8 Exhibit 3-A Bott Letter, #9 Exhibit 3-B Csencsitz Letter, #10 Exhibit 3-C Burcham Summary of ORMC Cases, #11 Exhibit 3-E Burcham Summary of SL Cases, #12 Exhibit 3-E Hillenmeyer Letter, #13 Exhibit 3-F Spiegel 1st Report, Vol. I, #14 Exhibit 3-F Spiegel 1st Report, Vol. II)(Gabrielson, W.) Modified text on 5/10/2010. (KCH)
May 8, 2010 Filing 332 NOTICE of Filing Exhibits 1 through 1-D by Orlando Regional Healthcare Systems, Inc. re #330 MOTION for summary judgment. (Attachments: #1 Exhibit 1 Harr Affidavit, #2 Exhibit 1-A 1994 Bylaws, #3 Exhibit 1-B 1996 Bylaws, #4 Exhibit 1-C 1999 Bylaws, #5 Exhibit 1-D IC Report)(Gabrielson, W.) Modified text on 5/10/2010. (KCH)
May 7, 2010 Filing 331 REQUEST for oral argument re #330 MOTION for summary judgment by Orlando Regional Healthcare Systems, Inc.. (Gabrielson, W.)
May 7, 2010 Filing 330 MOTION for summary judgment by Orlando Regional Healthcare Systems, Inc.. (Gabrielson, W.)
May 5, 2010 Filing 329 Minute Entry. Proceedings held before Judge John Antoon II: Granting #301 Motion to exclude the testimony of Lawrence R. Huntoon, M.D.; Granting #306 Joint MOTION for miscellaneous relief, specifically to Exclude Arthur S. Shorr as Plaintiffs' Expert filed by Orlando Health; Court takes motion to exclude testimony of J. Clay Singleton #309 and James T. McClave #303 under advisement. Motion Hearing held on 5/5/2010 re #303 MOTION for miscellaneous relief, specifically to Exclude Opinion Testimony of James T. McClave filed by Orlando Health; #301 Joint MOTION for miscellaneous relief, specifically to Exclude Lawrence R. Huntoon, M.D. as Plaintiffs' Expert filed by Orlando Health; #306 Joint MOTION for miscellaneous relief, specifically to Exclude Arthur S. Shorr as Plaintiffs' Expert filed by Orlando Health; #309 MOTION for miscellaneous relief, specifically PLAINTIFFS MOTION TO EXCLUDE THE TESTIMONY OF J. CLAY SINGLETON, OR ALTERNATIVELY, TO EXCLUDE CERTAIN OPINIONS OF J. CLAY SINGLETON filed by Raymond H. Pierson, III. Counsel for Pltf: John F. Romano; Counsel for Deft. Orlando Regional Healthcare Systems, Inc.: W. Scott Gabrielson and Chad K. Alvaro. Start time: 9:30 a.m; End time: 11:00 a.m. Court Reporter: Diane Peede (DJD)
May 5, 2010 Opinion or Order Filing 328 ORDER denying #289 Motion to compel answers to interrogatories. Signed by Magistrate Judge Gregory J. Kelly on 5/5/2010. (PAB)
April 26, 2010 Filing 327 ANSWER and affirmative defenses to #235 Amended complaint as to Counts 1 and 7 and Request for Attorneys' Fees by Orlando Health.(Alvaro, Chad)
April 23, 2010 Filing 326 NOTICE of Hearing on Motion #309 MOTION for miscellaneous relief, specifically PLAINTIFFS MOTION TO EXCLUDE THE TESTIMONY OF J. CLAY SINGLETON, OR ALTERNATIVELY, TO EXCLUDE CERTAIN OPINIONS OF J. CLAY SINGLETON, #306 Joint MOTION for miscellaneous relief, specifically to Exclude Arthur S. Shorr as Plaintiffs' Expert, #301 Joint MOTION for miscellaneous relief, specifically to Exclude Lawrence R. Huntoon, M.D. as Plaintiffs' Expert, #303 MOTION for miscellaneous relief, specifically to Exclude Opinion Testimony of James T. McClave : Motion Hearing set for 5/5/2010 at 09:30 AM in Orlando Courtroom 6 B before Judge John Antoon II. (DJD)
April 22, 2010 Opinion or Order Filing 325 ORDER denying #314 Motion to Reopen Discovery; Granting #324 Motion to revise case management schedule - Meeting in person to prepare pretrial documents: August 10, 2010; Joint Pretrial Statement: August 31, 2010; All other Motions, including trial briefs: September 7, 2010; Trial Term: November 1, 2010. Signed by Judge John Antoon II on 4/22/2010. (DJD)
April 16, 2010 Filing 324 Joint MOTION to modify Revise Case Management Schedule by Plaintiff, Raymond H. Pierson, III and Defendant, Orlando Regional Healthcare System by Orlando Regional Healthcare Systems, Inc.. (Alvaro, Chad)
April 16, 2010 Opinion or Order Filing 323 ORDER denying without prejudice #282 Motion to compel. Signed by Magistrate Judge Gregory J. Kelly on 4/16/2010. (DEH)
April 12, 2010 Filing 322 RESPONSE in opposition re #301 Joint MOTION for miscellaneous relief, specifically to Exclude Lawrence R. Huntoon, M.D. as Plaintiffs' Expert filed by Raymond H. Pierson, III. (Attachments: #1 Exhibit C, #2 Exhibit E)(Romano, John)
April 12, 2010 Filing 321 RESPONSE in opposition re #306 Joint MOTION for miscellaneous relief, specifically to Exclude Arthur S. Shorr as Plaintiffs' Expert filed by Raymond H. Pierson, III. (Romano, John)
April 12, 2010 Filing 320 RESPONSE in opposition re #303 MOTION for miscellaneous relief, specifically to Exclude Opinion Testimony of James T. McClave filed by Raymond H. Pierson, III. (Romano, John)
April 12, 2010 Filing 319 RESPONSE in opposition re #309 MOTION for miscellaneous relief, specifically PLAINTIFFS MOTION TO EXCLUDE THE TESTIMONY OF J. CLAY SINGLETON, OR ALTERNATIVELY, TO EXCLUDE CERTAIN OPINIONS OF J. CLAY SINGLETON filed by Orlando Health. (Alvaro, Chad)
April 6, 2010 Filing 318 CERTIFICATE OF SERVICE by Steven Appleblatt, Frank Bone, William Bott, J. Dean Cole, Thomas Csencsitz, N. Donald Diebel, Rory Evans, Manuel J. Galceran, John Hillenmeyer, Erik Lieberman, J. David Moser, Roger Murbach, Orlando Health, Linda G.T. Parks, Gregory A. Rief, Hedrick J. Rivero, C. Gordon Wolfram, Wolverine Anesthesia Consultants M.D, P.A. re #316 Declaration of J. Dean Cole, M.D. (Alvaro, Chad)
April 6, 2010 Filing 317 RESPONSE to motion re #314 MOTION for miscellaneous relief, specifically to Reopen Discovery filed by Steven Appleblatt, Frank Bone, William Bott, J. Dean Cole, Thomas Csencsitz, N. Donald Diebel, Rory Evans, Manuel J. Galceran, John Hillenmeyer, Erik Lieberman, J. David Moser, Roger Murbach, Orlando Health, Linda G.T. Parks, Gregory A. Rief, Hedrick J. Rivero, C. Gordon Wolfram, Wolverine Anesthesia Consultants M.D, P.A.. (Alvaro, Chad)
April 6, 2010 Filing 316 DECLARATION of J. Dean Cole, M.D. re #314 MOTION for miscellaneous relief, specifically to Reopen Discovery by Steven Appleblatt, Frank Bone, William Bott, J. Dean Cole, Thomas Csencsitz, N. Donald Diebel, Rory Evans, Manuel J. Galceran, John Hillenmeyer, Erik Lieberman, J. David Moser, Roger Murbach, Orlando Health, Linda G.T. Parks, Gregory A. Rief, Hedrick J. Rivero, C. Gordon Wolfram, Wolverine Anesthesia Consultants M.D, P.A.. (Alvaro, Chad)
April 6, 2010 Opinion or Order Filing 315 ORDER granting #237 Motion to Dismiss; granting #238 Motion to Dismiss; granting #239 Motion to Dismiss; granting #241 Motion to Dismiss; granting #242 Motion to Dismiss; denying without prejudice #248 Motion to Strike; and setting new deadline for filing of summary judgment motions. Signed by Judge John Antoon II on 4/6/2010. (EK)
March 23, 2010 Filing 314 MOTION for miscellaneous relief, specifically to Reopen Discovery by Raymond H. Pierson, III. (Attachments: #1 Exhibit A, #2 Exhibit B)(Romano, John)
March 19, 2010 Opinion or Order Filing 313 ENDORSED ORDER granting #312 Joint Motion to extend time to respond to Daubert motions to April 12, 2010. Signed by Judge John Antoon II on 3/19/2010. (BRS)
March 18, 2010 Filing 312 Unopposed MOTION to extend time to Respond to Daubert Motions, Joint Motion by Plaintiffs and Defendants by Raymond H. Pierson, III. (Romano, John)
March 13, 2010 Filing 311 NOTICE of Filing of the Deposition Transcript of J. Clay Singleton re #309 MOTION for miscellaneous relief, specifically PLAINTIFFS MOTION TO EXCLUDE THE TESTIMONY OF J. CLAY SINGLETON, OR ALTERNATIVELY, TO EXCLUDE CERTAIN OPINIONS OF J. CLAY SINGLETON by Raymond H. Pierson, III. (Attachments: #1 Transcript Part 1, #2 Transcript Part 2, #3 Transcript Part 3, #4 Transcript Part 4, #5 Transcript Part 5, #6 Transcript Part 6, #7 Transcript Part 7, #8 Transcript Part 8, #9 Transcript Part 9, #10 Transcript Part 10)(Romano, John) Modified text on 3/15/2010. (KCH)
March 13, 2010 Filing 310 NOTICE of Filing of Exhibit A re #309 MOTION for miscellaneous relief, specifically PLAINTIFFS MOTION TO EXCLUDE THE TESTIMONY OF J. CLAY SINGLETON, OR ALTERNATIVELY, TO EXCLUDE CERTAIN OPINIONS OF J. CLAY SINGLETON by Raymond H. Pierson, III. (Attachments: #1 Exhibit A)(Romano, John) Modified text on 3/15/2010. (KCH)
March 12, 2010 Filing 309 MOTION for miscellaneous relief, specifically PLAINTIFFS MOTION TO EXCLUDE THE TESTIMONY OF J. CLAY SINGLETON, OR ALTERNATIVELY, TO EXCLUDE CERTAIN OPINIONS OF J. CLAY SINGLETON by Raymond H. Pierson, III. (Romano, John)
March 12, 2010 Filing 308 REQUEST for oral argument re #303 MOTION for miscellaneous relief, specifically to Exclude Opinion Testimony of James T. McClave, #301 Joint MOTION for miscellaneous relief, specifically to Exclude Lawrence R. Huntoon, M.D. as Plaintiffs' Expert, #306 Joint MOTION for miscellaneous relief, specifically to Exclude Arthur S. Shorr as Plaintiffs' Expert by Steven Appleblatt, Frank Bone, William Bott, J. Dean Cole, Thomas Csencsitz, N. Donald Diebel, Rory Evans, Manuel J. Galceran, John Hillenmeyer, Erik Lieberman, J. David Moser, Roger Murbach, Musculoskeletal Institute, Chartered, Orlando Health, Linda G.T. Parks, Gregory A. Rief, Hedrick J. Rivero, Roy W. Sanders, C. Gordon Wolfram, Wolverine Anesthesia Consultants M.D, P.A.. (Alvaro, Chad)
March 12, 2010 Filing 307 NOTICE of Filing Transcript of the Deposition of Arthur S. Shorr taken October 12, 2009 re #306 Joint MOTION for miscellaneous relief, specifically to Exclude Arthur S. Shorr as Plaintiffs' Expert by Steven Appleblatt, Frank Bone, William Bott, J. Dean Cole, Thomas Csencsitz, N. Donald Diebel, Rory Evans, Manuel J. Galceran, John Hillenmeyer, Erik Lieberman, J. David Moser, Roger Murbach, Musculoskeletal Institute, Chartered, Orlando Health, Linda G.T. Parks, Gregory A. Rief, Hedrick J. Rivero, Roy W. Sanders, C. Gordon Wolfram, Wolverine Anesthesia Consultants M.D, P.A. (Attachments: #1 Transcript - Part 1, #2 Transcript - Part 2, #3 Transcript - Part 3, #4 Transcript - Part 4, #5 Transcript - Part 5, #6 Transcript - Part 6, #7 Transcript - Part 7, #8 Transcript - Part 8)(Alvaro, Chad) Modified tesxt on 3/15/2010. (KCH)
March 12, 2010 Filing 306 Joint MOTION for miscellaneous relief, specifically to Exclude Arthur S. Shorr as Plaintiffs' Expert by Steven Appleblatt, Frank Bone, William Bott, J. Dean Cole, Thomas Csencsitz, N. Donald Diebel, Rory Evans, Manuel J. Galceran, John Hillenmeyer, Erik Lieberman, J. David Moser, Roger Murbach, Musculoskeletal Institute, Chartered, Orlando Health, Orlando Regional Healthcare Systems, Inc., Linda G.T. Parks, Gregory A. Rief, Hedrick J. Rivero, Roy W. Sanders, C. Gordon Wolfram, Wolverine Anesthesia Consultants M.D, P.A.. (Alvaro, Chad)
March 12, 2010 Filing 305 NOTICE of filing exhibits C and D in support of MOTION re #303 MOTION for miscellaneous relief, specifically to Exclude Opinion Testimony of James T. McClave by Steven Appleblatt, Frank Bone, William Bott, J. Dean Cole, Thomas Csencsitz, N. Donald Diebel, Rory Evans, Manuel J. Galceran, John Hillenmeyer, Erik Lieberman, J. David Moser, Roger Murbach, Musculoskeletal Institute, Chartered, Orlando Health, Linda G.T. Parks, Gregory A. Rief, Hedrick J. Rivero, Roy W. Sanders, C. Gordon Wolfram, Wolverine Anesthesia Consultants M.D, P.A. (Attachments: #1 Ex. C (pt. 1), #2 Ex. C (pt. 2), #3 Ex. D (pt. 1), #4 Ex. D (pt. 2))(Wermuth, Frederick) Modified text on 3/15/2010. (KCH) (KCH).
March 12, 2010 Filing 304 NOTICE of filing exhibits A and B in support of MOTION re #303 MOTION for miscellaneous relief, specifically to Exclude Opinion Testimony of James T. McClave by Steven Appleblatt, Frank Bone, William Bott, J. Dean Cole, Thomas Csencsitz, N. Donald Diebel, Rory Evans, Manuel J. Galceran, John Hillenmeyer, Erik Lieberman, J. David Moser, Roger Murbach, Musculoskeletal Institute, Chartered, Orlando Health, Linda G.T. Parks, Gregory A. Rief, Hedrick J. Rivero, Roy W. Sanders, C. Gordon Wolfram, Wolverine Anesthesia Consultants M.D, P.A. (Attachments: #1 Ex. A (pt. 1), #2 Ex. A (pt. 2), #3 Ex. A (pt. 3), #4 Ex. A (pt. 4), #5 Ex. B)(Wermuth, Frederick) Modified text on 3/15/2010. (KCH)
March 12, 2010 Filing 303 MOTION for miscellaneous relief, specifically to Exclude Opinion Testimony of James T. McClave by Steven Appleblatt, Frank Bone, William Bott, J. Dean Cole, Thomas Csencsitz, N. Donald Diebel, Rory Evans, Manuel J. Galceran, John Hillenmeyer, Erik Lieberman, J. David Moser, Roger Murbach, Musculoskeletal Institute, Chartered, Orlando Health, Linda G.T. Parks, Gregory A. Rief, Hedrick J. Rivero, Roy W. Sanders, C. Gordon Wolfram, Wolverine Anesthesia Consultants M.D, P.A.. (Attachments: #1 Exhibit Index)(Wermuth, Frederick)
March 12, 2010 Filing 302 NOTICE of Filing Transcript of the Deposition of Lawrence R. Huntoon, M.D. taken July 13, 2009 re #301 Joint MOTION for miscellaneous relief, specifically to Exclude Lawrence R. Huntoon, M.D. as Plaintiffs' Expert by Steven Appleblatt, Frank Bone, William Bott, J. Dean Cole, Thomas Csencsitz, N. Donald Diebel, Rory Evans, Manuel J. Galceran, John Hillenmeyer, Erik Lieberman, J. David Moser, Roger Murbach, Musculoskeletal Institute, Chartered, Orlando Health, Linda G.T. Parks, Gregory A. Rief, Hedrick J. Rivero, Roy W. Sanders, C. Gordon Wolfram, Wolverine Anesthesia Consultants M.D, P.A. (Attachments: #1 Transcript of the Deposition of Lawrence R. Huntoon, M.D. taken July 13, 2009 - Part 1, #2 Transcript of the Deposition of Lawrence R. Huntoon, M.D. taken July 13, 2009 - Part 2)(Alvaro, Chad) Modified text on 3/15/2010. (KCH)
March 12, 2010 Filing 301 Joint MOTION for miscellaneous relief, specifically to Exclude Lawrence R. Huntoon, M.D. as Plaintiffs' Expert by Steven Appleblatt, Frank Bone, William Bott, J. Dean Cole, Thomas Csencsitz, N. Donald Diebel, Rory Evans, Manuel J. Galceran, John Hillenmeyer, Erik Lieberman, J. David Moser, Roger Murbach, Musculoskeletal Institute, Chartered, Orlando Health, Linda G.T. Parks, Gregory A. Rief, Hedrick J. Rivero, Roy W. Sanders, C. Gordon Wolfram, Wolverine Anesthesia Consultants M.D, P.A.. (Alvaro, Chad)
March 2, 2010 Opinion or Order Filing 300 ENDORSED ORDER granting #290 Plaintiff's Motion to compel production of documents as unopposed. Defendant Musculoskeletal Institute failed to file a timely response. The Defendant shall produce the requested discovery within fourteen (14) days. Signed by Magistrate Judge Gregory J. Kelly on 3/2/2010. (PAB)
March 1, 2010 Filing 299 RESPONSE in opposition re #289 MOTION to compel Interrogatory Answers to ORHS filed by Orlando Health. (Attachments: #1 Attachment "A")(Alvaro, Chad)
February 23, 2010 Opinion or Order Filing 298 ENDORSED ORDER suspending deadline for filing of summary judgment motions. The Defendants' motions to dismiss are under advisement, and a ruling thereon is forthcoming. The deadline for the filing of summary judgment motions is hereby SUSPENDED pending the Court's rulings on the motions to dismiss. A new deadline will be set in the Order on the motions to dismiss. Signed by Judge John Antoon II on 2/23/2010. (EK)
February 19, 2010 Filing 297 REQUEST for oral argument re #295 Memorandum in opposition, #282 MOTION to compel Defendant Wolverine's Production of Documents by Wolverine Anesthesia Consultants M.D, P.A.. (Zehnder, Thomas)
February 19, 2010 Filing 296 DECLARATION of Roger S. Murbach, M.D. re #295 Memorandum in opposition by Wolverine Anesthesia Consultants M.D, P.A.. (Zehnder, Thomas)
February 19, 2010 Filing 295 MEMORANDUM in opposition re #282 Motion to compel filed by Wolverine Anesthesia Consultants M.D, P.A.. (Zehnder, Thomas)
February 18, 2010 Opinion or Order Filing 294 ENDORSED ORDER denying #276 Motion for extension of time. Signed by Judge John Antoon II on 2/18/2010. (BRS)
February 16, 2010 Filing 293 RESPONSE in opposition re #276 Amended MOTION for extension of time to complete discovery Joinder filed by Musculoskeletal Institute, Chartered, Roy W. Sanders. (McLaughlin, Mark) Modified text on 2/16/2010 (AIQ).
February 15, 2010 Filing 292 JOINDER in motion by Roy W. Sanders In Opposition to Plaintiff's Amended Motion for Extension of Time and Continuance. (McLaughlin, Mark) COUNSEL WILL REFILE DOCUMENT CORRECTLY AS A RESPONSE TO THE MOTION. Modified on 2/16/2010 (AIQ).
February 15, 2010 Filing 291 RESPONSE in opposition re #276 Amended MOTION for extension of time to complete discovery filed by Steven Appleblatt, Frank Bone, William Bott, J. Dean Cole, Thomas Csencsitz, N. Donald Diebel, Rory Evans, Manuel J. Galceran, John Hillenmeyer, Erik Lieberman, J. David Moser, Roger Murbach, Orlando Health, Linda G.T. Parks, Gregory A. Rief, Hedrick J. Rivero, C. Gordon Wolfram, Wolverine Anesthesia Consultants M.D, P.A.. (Attachments: #1 Exhibit Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Zehnder, Thomas) Modified on 2/22/2010 to correct filers. (KCH)
February 12, 2010 Filing 290 MOTION to compel Answers to Interrogatories to Defendant FOI by Raymond H. Pierson, III. (Attachments: #1 Exhibit A, #2 Exhibit B)(Romano, John) Motions referred to Magistrate Judge Gregory J. Kelly. Modified text on 2/16/2010 (AIQ).
February 12, 2010 Filing 289 MOTION to compel Interrogatory Answers to ORHS by Raymond H. Pierson, III. (Attachments: #1 Exhibit A, #2 Exhibit B)(Romano, John) Motions referred to Magistrate Judge Gregory J. Kelly. Modified text on 2/16/2010 (AIQ).
February 10, 2010 Opinion or Order Filing 288 ORDER granting in part #272 Motion to compel. Plaintiff shall produce the requested discovery within fourteen days. The Court reserves jurisdiction over attorneys' fees and costs. Defendants' request for oral argument is denied. Signed by Magistrate Judge Gregory J. Kelly on 2/10/2010. (PAB)
February 8, 2010 Filing 287 REQUEST for oral argument re #272 MOTION to compel and Incorporated Memorandum of Law by Steven Appleblatt, Roger Murbach, Wolverine Anesthesia Consultants M.D, P.A.. (Zehnder, Thomas)
February 4, 2010 Opinion or Order Filing 286 ENDORSED ORDER granting #283 Agreed Motion to Dispense with Mediation. Signed by Magistrate Judge Gregory J. Kelly on 2/4/2010. (PAB)
February 4, 2010 Filing 285 NOTICE of Supplemental Evidence Regarding Motion for Extension of Time and Continuancere #276 Amended MOTION for extension of time to complete discovery by Raymond H. Pierson, III. (Attachments: #1 Exhibit Exhibit A - Joint Supplemental Disclosure of Defendants)(Romano, John) Modified text on 2/5/2010. (KCH)
February 3, 2010 Filing 284 NOTICE of filing Exhibit C re #282 MOTION to compel by Raymond H. Pierson, III. (Romano, John) Modified text on 2/4/2010. (KCH)
February 3, 2010 Filing 283 Unopposed MOTION for miscellaneous relief, specifically to Dispense with Mediation by Raymond H. Pierson, III. (Attachments: #1 Text of Proposed Order Proposed Order)(Romano, John)
February 2, 2010 Filing 282 MOTION to compel Defendant Wolverine's Production of Documents by Raymond H. Pierson, III. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Romano, John) Motions referred to Magistrate Judge Gregory J. Kelly.
February 1, 2010 Opinion or Order Filing 281 ORDER denying #268 Motion to Amend Complaint. Signed by Judge John Antoon II on 2/1/2010. (EK)
January 29, 2010 Filing 280 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT (Document 279). 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 electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Anthony Rolland (TR)
January 29, 2010 Filing 279 TRANSCRIPT of Hearing on Motions to Dismiss held on 11/19/09 (77 pages) before Judge John Antoon II. Court Reporter Anthony Rolland,Telephone number 407.760.6023. Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 2/19/2010, Redacted Transcript Deadline set for 3/1/2010, Release of Transcript Restriction set for 4/29/2010. (TR)
January 28, 2010 Opinion or Order Filing 278 ENDORSED ORDER granting #267 Motion for Leave to File Excess Pages not to exceed fifty pages; granting #269 Motion for Leave to File Excess Pages not to exceed fifty pages. Signed by Judge John Antoon II on 1/28/2010. (BRS)
January 27, 2010 Opinion or Order Filing 277 ENDORSED ORDER denying as moot #266 Motion for Leave to File Excess Pages. Signed by Judge John Antoon II on 1/27/2010. (BRS)
January 27, 2010 Filing 276 Amended MOTION for extension of time to complete discovery by Raymond H. Pierson, III. (Attachments: #1 Text of Proposed Order Proposed Order)(Romano, John) Motions referred to Magistrate Judge Gregory J. Kelly.
January 26, 2010 Filing 275 RESPONSE in opposition re #268 MOTION to amend/correct #235 Amended complaint MOTION to amend/correct #235 Amended complaint filed by Steven Appleblatt, Frank Bone, William Bott, J. Dean Cole, Thomas Csencsitz, N. Donald Diebel, Rory Evans, Manuel J. Galceran, John Hillenmeyer, Erik Lieberman, J. David Moser, Roger Murbach, Orlando Health, Linda G.T. Parks, Gregory A. Rief, Hedrick J. Rivero, C. Gordon Wolfram, Wolverine Anesthesia Consultants M.D, P.A.. (Alvaro, Chad)
January 25, 2010 Opinion or Order Filing 274 ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #271 stipulation for substitution of counsel. Signed by Magistrate Judge Gregory J. Kelly on 1/25/2010. (PAB)
January 25, 2010 Opinion or Order Filing 273 ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #270 Motion for extension of time and continuance. Signed by Magistrate Judge Gregory J. Kelly on 1/25/2010. (PAB)
January 22, 2010 Filing 272 MOTION to compel and Incorporated Memorandum of Law by Steven Appleblatt, Roger Murbach, Wolverine Anesthesia Consultants M.D, P.A.. (King, David) Motions referred to Magistrate Judge Gregory J. Kelly.
January 22, 2010 Filing 271 MOTION for Substitution of Counsel by Musculoskeletal Institute, Chartered, Roy W. Sanders. (McLaughlin, Mark) Modified on 1/25/2010 to correct ECF filing event. (KCH)
January 13, 2010 Filing 270 MOTION to extend time to complete Discovery by Raymond H. Pierson, III. (Attachments: #1 Text of Proposed Order Proposed Order)(Romano, John)
January 13, 2010 Filing 269 Unopposed MOTION for leave to file excess pages re: Dispositive Motion for Summary Judgment by William Bott, J. Dean Cole, J. David Moser, N. Donald Diebel, Rory Evans, Manuel J. Galceran, Hedrick J. Rivero, Wolverine Anesthesia Consultants M.D, P.A., Roger Murbach, Steven Appleblatt, Frank Bone. (Zehnder, Thomas)
January 12, 2010 Filing 268 MOTION to amend/correct #235 Amended complaint by Raymond H. Pierson, III. (Attachments: #1 Exhibit Exhibit A - Plaintiff Pierson's Fourth Amended Complaint, #2 Exhibit Exhibit B - Exhibit J, #3 Text of Proposed Order Proposed Order Granting Motion to Amend)(Romano, John)
January 12, 2010 Filing 267 Amended MOTION for leave to file excess pages re: Motion for Summary Judgment (amended to correct statement of dispositve motion deadline) by Orlando Health. (Alvaro, Chad)
January 12, 2010 Filing 266 Unopposed MOTION for leave to file excess pages re: Motion for Summary Judgment and Memorandum in Support by Orlando Health. (Alvaro, Chad)
November 19, 2009 Filing 265 Minute Entry. Proceedings held before Judge John Antoon II: Court GRANTS in part #239 Motion to dismiss to strike claim for damages and reserves ruling on the motion to dismiss; Motion Hearing held on 11/19/2009 re #242 MOTION to dismiss Third Amended Complaint filed by Musculoskeletal Institute, Chartered, #238 MOTION to dismiss Counts 2, 3, 4, 5, 6, 8, 9, 10, and 11 of Plaintiff's Third Amended Complaint filed by Orlando Health, #239 Joint MOTION to dismiss Second Amended Complaint in Intervention and to Strike Claim for Damages and Incorporated Memorandum of Law filed by Linda G.T. Parks, Erik Lieberman, J. David Moser, John Hillenmeyer, Thomas Csencsitz, Roger Murbach, J. Dean Cole, Rory Evans, Phillip G. Spiegel, Hedrick J. Rivero, Steven Appleblatt, Orlando Health, N. Donald Diebel, C. Gordon Wolfram, Frank Bone, Wolverine Anesthesia Consultants M.D, P.A., Gregory A. Rief, William Bott, Manuel J. Galceran, #241 MOTION to dismiss Second Amended Complaint filed by Musculoskeletal Institute, Chartered, #237 MOTION to dismiss Third Amended Complaint as to Drs. Murbach, Appelblatt, Bone, Bott, Cole, Moser, Diebel, Evans, Galceran, Rivero and Wolverine filed by J. David Moser, Roger Murbach, J. Dean Cole, Rory Evans, Hedrick J. Rivero, Steven Appleblatt, N. Donald Diebel, Wolverine Anesthesia Consultants M.D, P.A., Frank Bone, Manuel J. Galceran, William Bott. Parties argue the motions to dismiss. Court takes motions under advisement. Counsel for pltf: John Fletcher Romano and Holly Van Horsten; Counsel for defts: David B. King, Thomas A. Zehnder, Fritz Wermuth, Scott Gabrielson and Chad Alvaro. Times: 9:30-11:00 a.m; and 11:20-11:55 a.m. Court Reporter: Tony Rolland (DJD)
November 18, 2009 Opinion or Order Filing 264 ENDORSED ORDER denying as moot #240 Motion to Strike in light of the filing of #248 Amended Motion to Strike. Signed by Judge John Antoon II on 11/18/2009. (EK)
November 17, 2009 Filing 263 NOTICE of supplemental authority re #257 Response in opposition to motion to dismiss by Raymond H. Pierson, III (Attachments: #1 Exhibit Exhibit A)(Romano, John)
November 3, 2009 Filing 262 REPLY to response to motion re #237 MOTION to dismiss Third Amended Complaint as to Drs. Murbach, Appelblatt, Bone, Bott, Cole, Moser, Diebel, Evans, Galceran, Rivero and Wolverine filed by William Bott, J. Dean Cole, J. David Moser, N. Donald Diebel, Rory Evans, Manuel J. Galceran, Hedrick J. Rivero, Wolverine Anesthesia Consultants M.D, P.A., Roger Murbach, Steven Appleblatt, Frank Bone. (Wermuth, Frederick)
November 3, 2009 Filing 261 REPLY to response to motion re #248 Amended MOTION to strike #235 Amended complaint as to Certain Damage Claims and Incorporated Memorandum of Law, #242 MOTION to dismiss Third Amended Complaint, #238 MOTION to dismiss Counts 2, 3, 4, 5, 6, 8, 9, 10, and 11 of Plaintiff's Third Amended Complaint, #239 Joint MOTION to dismiss Second Amended Complaint in Intervention and to Strike Claim for Damages and Incorporated Memorandum of Law, #237 MOTION to dismiss Third Amended Complaint as to Drs. Murbach, Appelblatt, Bone, Bott, Cole, Moser, Diebel, Evans, Galceran, Rivero and Wolverine filed by Orlando Health. (Alvaro, Chad)
October 27, 2009 Opinion or Order Filing 260 ENDORSED ORDER granting #259 Motion for leave to file replies; each reply shall not exceed ten (10) pages and shall be filed within seven (7) days from the date of this Order. Signed by Judge John Antoon II on 10/27/2009. (BRS)
October 26, 2009 Filing 259 Unopposed MOTION for leave to file Replies to Plaintiffs' Consolidated Responses to Motions to Dismiss and/or Strike by William Bott, Thomas Csencsitz, J. Dean Cole, John Hillenmeyer, J. David Moser, N. Donald Diebel, Rory Evans, Manuel J. Galceran, Hedrick J. Rivero, C. Gordon Wolfram, Gregory A. Rief, Linda G.T. Parks, Wolverine Anesthesia Consultants M.D, P.A., Erik Lieberman, Orlando Health, Roger Murbach, Steven Appleblatt, Frank Bone. (Alvaro, Chad)
October 21, 2009 Filing 258 Notice of Hearing on Defendants' Motions to Dismiss on Thursday, November 19, 2009 at 9:30 a.m. Signed by Judge John Antoon II on 10/21/2009. (BRS)
October 19, 2009 Filing 257 RESPONSE in opposition re #242 MOTION to dismiss Third Amended Complaint, #238 MOTION to dismiss Counts 2, 3, 4, 5, 6, 8, 9, 10, and 11 of Plaintiff's Third Amended Complaint, #248 AMENDED MOTION to strike #235 Third Amended complaint as to Certain Damage Claims and Incorporated Memorandum of Law, #237 MOTION to dismiss Third Amended Complaint as to Drs. Murbach, Appelblatt, Bone, Bott, Cole, Moser, Diebel, Evans, Galceran, Rivero and Wolverine filed by Raymond H. Pierson, III. (Attachments: #1 Exhibit Exhibits A, B, and C)(Romano, John) Modified on 11/18/2009 (EK).
October 19, 2009 Filing 256 RESPONSE in opposition re #239 Joint MOTION to dismiss Second Amended Complaint in Intervention and to Strike Claim for Damages and Incorporated Memorandum of Law, #241 MOTION to dismiss Second Amended Complaint filed by Joanne R. Werntz. (Romano, John)
October 16, 2009 Opinion or Order Filing 255 ORDER granting #253 Motion for Leave to File Excess Pages to forty-five (45) pages. Signed by Judge John Antoon II on 10/16/2009. (BRS)
October 13, 2009 Opinion or Order Filing 254 ENDORSED ORDER granting #252 Motion for extension of time to file response/reply. Signed by Magistrate Judge Gregory J. Kelly on 10/13/2009. (DEH)
October 8, 2009 Filing 253 Unopposed MOTION for leave to file excess pages for a Consolidated Response in Opposition to Defendants Motions to Dismiss and Strike Plaintiff's Third Amended Complaint by Raymond H. Pierson, III. (Attachments: #1 Text of Proposed Order Proposed Order)(Romano, John)
October 3, 2009 Filing 252 Unopposed Amended MOTION for extension of time until 10/19/09 to file response all motions filed on 9/11/09 (motions #237 through 245) by Raymond H. Pierson, III, Joanne R. Werntz. (Attachments: #1 Text of Proposed Order)(Romano, John) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 10/5/2009 (LAK).
September 21, 2009 Opinion or Order Filing 251 ENDORSED ORDER granting #250 Plaintiffs' unopposed motion for enlargement of time to respond to motions filed on September 11, 2009. Plaintiff shall respond to the motions (Doc. Nos. 237, 238, 239, 240, 241, and 242) on or before October 12, 2009. Signed by Magistrate Judge Gregory J. Kelly on 9/21/2009. (PAB)
September 19, 2009 Filing 250 Unopposed MOTION for extension of time to file response/reply as to #242 MOTION to dismiss Third Amended Complaint, #244 Joinder in motion, #238 MOTION to dismiss Counts 2, 3, 4, 5, 6, 8, 9, 10, and 11 of Plaintiff's Third Amended Complaint, #239 Joint MOTION to dismiss Second Amended Complaint in Intervention and to Strike Claim for Damages and Incorporated Memorandum of Law, #240 MOTION to strike #235 Third Amended complaint as to Certain Damage Claims and Incorporated Memorandum of Law, #241 MOTION to dismiss Second Amended Complaint, #237 MOTION to dismiss Third Amended Complaint as to Drs. Murbach, Appelblatt, Bone, Bott, Cole, Moser, Diebel, Evans, Galceran, Rivero and Wolverine by Joanne R. Werntz, M.D. and by Raymond H. Pierson, III. (Attachments: #1 Text of Proposed Order Proposed Order Granting the Motion to Extend Time)(Romano, John) Motions referred to Magistrate Judge Gregory J. Kelly.
September 18, 2009 Opinion or Order Filing 249 ENDORSED ORDER granting #247 Defendant ORHS's amended motion to enlarge the time to respond to remaining counts of the Third Amended Complaint. ORHS shall respond to the Third Amended Complaint within twenty days after the Court has ruled on ORHS's motion to dismiss. Signed by Magistrate Judge Gregory J. Kelly on 9/18/2009. (PAB)
September 18, 2009 Filing 248 Amended MOTION to strike #235 Amended complaint as to Certain Damage Claims and Incorporated Memorandum of Law by Orlando Health. (Alvaro, Chad)
September 18, 2009 Filing 247 Second MOTION for extension of time to file answer or otherwise plead re #235 Amended complaint as to Counts 1 and 7 of Third Amended Complaint by Orlando Health. (Alvaro, Chad) Motions referred to Magistrate Judge Gregory J. Kelly.
September 14, 2009 Opinion or Order Filing 246 ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #245 Defendant ORH's motion to enlarge the time to respond to remaining counts of the third amended complaint. Signed by Magistrate Judge Gregory J. Kelly on 9/14/2009. (PAB)
September 11, 2009 Filing 245 MOTION for extension of time to file answer or otherwise plead re #235 Third Amended complaint as to Counts 1 and 7 of Third Amended Complaint by Orlando Health. (Alvaro, Chad) Motions referred to Magistrate Judge Gregory J. Kelly. Modified text on 9/14/2009 (AIQ).
September 11, 2009 Filing 244 JOINDER in motion by Thomas Csencsitz, John Hillenmeyer, C. Gordon Wolfram, Gregory A. Rief, Linda G.T. Parks, Erik Lieberman re #238 MOTION to dismiss Counts 2, 3, 4, 5, 6, 8, 9, 10, and 11 of Plaintiff's Third Amended Complaint filed by Orlando Health, #240 MOTION to strike #235 Amended complaint as to Certain Damage Claims and Incorporated Memorandum of Law filed by Orlando Health, #237 MOTION to dismiss Third Amended Complaint as to Drs. Murbach, Appelblatt, Bone, Bott, Cole, Moser, Diebel, Evans, Galceran, Rivero and Wolverine filed by J. David Moser, Steven Appleblatt, Roger Murbach, J. Dean Cole, Rory Evans, N. Donald Diebel, Wolverine Anesthesia Consultants M.D, P.A., Frank Bone, Hedrick J. Rivero, Manuel J. Galceran, William Bott. (Alvaro, Chad)
September 11, 2009 Filing 243 REQUEST for oral argument re #238 MOTION to dismiss Counts 2, 3, 4, 5, 6, 8, 9, 10, and 11 of Plaintiff's Third Amended Complaint, #239 Joint MOTION to dismiss Second Amended Complaint in Intervention and to Strike Claim for Damages and Incorporated Memorandum of Law, #240 MOTION to strike #235 Amended complaint as to Certain Damage Claims and Incorporated Memorandum of Law, #237 MOTION to dismiss Third Amended Complaint as to Drs. Murbach, Appelblatt, Bone, Bott, Cole, Moser, Diebel, Evans, Galceran, Rivero and Wolverine by William Bott, Thomas Csencsitz, J. Dean Cole, John Hillenmeyer, J. David Moser, N. Donald Diebel, Rory Evans, Manuel J. Galceran, Hedrick J. Rivero, C. Gordon Wolfram, Gregory A. Rief, Linda G.T. Parks, Wolverine Anesthesia Consultants M.D, P.A., Erik Lieberman, Orlando Health, Roger Murbach, Steven Appleblatt, Frank Bone. (Zehnder, Thomas)
September 11, 2009 Filing 242 MOTION to dismiss Third Amended Complaint by Roy W. Sanders and Musculoskeletal Institute, Chartered. (McLaughlin, Mark) Modified on 2/23/2010 (EK).
September 11, 2009 Filing 241 MOTION to dismiss Second Amended Complaint by Roy W. Sanders and Musculoskeletal Institute, Chartered. (McLaughlin, Mark) Modified on 2/23/2010 (EK).
September 11, 2009 Filing 240 MOTION to strike #235 Third Amended complaint as to Certain Damage Claims and Incorporated Memorandum of Law by Orlando Health. (Alvaro, Chad) Modified text on 9/14/2009 (AIQ).
September 11, 2009 Filing 239 Joint MOTION to dismiss Second Amended Complaint in Intervention and to Strike Claim for Damages and Incorporated Memorandum of Law by William Bott, Thomas Csencsitz, J. Dean Cole, John Hillenmeyer, J. David Moser, N. Donald Diebel, Rory Evans, Manuel J. Galceran, Hedrick J. Rivero, C. Gordon Wolfram, Gregory A. Rief, Linda G.T. Parks, Wolverine Anesthesia Consultants M.D, P.A., Erik Lieberman, Orlando Health, Phillip G. Spiegel, Roger Murbach, Steven Appleblatt, Frank Bone. (Alvaro, Chad)
September 11, 2009 Filing 238 MOTION to dismiss Counts 2, 3, 4, 5, 6, 8, 9, 10, and 11 of Plaintiff's Third Amended Complaint by Orlando Health. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Alvaro, Chad)
September 11, 2009 Filing 237 MOTION to dismiss Third Amended Complaint as to Drs. Murbach, Appelblatt, Bone, Bott, Cole, Moser, Diebel, Evans, Galceran, Rivero and Wolverine by William Bott, J. Dean Cole, J. David Moser, N. Donald Diebel, Rory Evans, Manuel J. Galceran, Hedrick J. Rivero, Wolverine Anesthesia Consultants M.D, P.A., Roger Murbach, Steven Appleblatt, Frank Bone. (Attachments: #1 Exhibit Index, #2 Exhibit A)(Zehnder, Thomas)
September 10, 2009 Filing 236 NOTICE of Plaintiff's Verification of the Third Amended Complaint by Raymond H. Pierson, III re #235 Amended complaint. (Attachments: #1 Main Document Plaintiff Pierson's Verification of the Third Amended Complaint)(Romano, John) Modified text on 9/11/2009. (KCH)
August 31, 2009 Filing 235 THIRD AMENDED COMPLAINT against all defendants with Jury Demand filed by Raymond H. Pierson, III. Related document: #1 Complaint filed by Raymond H. Pierson, III, #3 Amended complaint filed by Raymond H. Pierson, III, #202 Amended complaint filed by Raymond H. Pierson, III.(Romano, John)
August 25, 2009 Opinion or Order Filing 234 ORDER granting #233 Motion to amend and extend time to respond; denying as moot #232 Motion to amend and extend time; Plaintiff shall amend his Second Amended Complaint to make certain non-substantive, grammatical and stylistic changes and file it as a Third Amended Complaint no later than August 28, 2009; Defendants shall file their responses to Plaintiff's Third Amended Complaint no later than September 11, 2009; Defendants shall file their responses to Intervenor's Second Amended Complaint no later than September 11, 2009. Signed by Judge John Antoon II on 8/25/2009. (BRS)
August 21, 2009 Filing 233 Second Joint STIPULATION to File Third Amended Complaint and Extending the Time to Respond to Intervenors Second Amended Complaint filed by Orlando Regional Healthcare Systems, Inc. (Alvaro, Chad) Modified on 8/24/2009 to clarify text. (KCH)
August 10, 2009 Filing 232 STIPULATION/MOTION to amend/correct Complaint (Joint) to Amend Plaintiff's Complaint and Unopposed Joint Motion to Extend the Time to Respond to Intervenor's Complaint by William Bott, Thomas Csencsitz, J. Dean Cole, John Hillenmeyer, J. David Moser, N. Donald Diebel, Rory Evans, Manuel J. Galceran, Hedrick J. Rivero, C. Gordon Wolfram, Raymond H. Pierson, III, Roy W. Sanders, Gregory A. Rief, Linda G.T. Parks, Musculoskeletal Institute, Chartered, Wolverine Anesthesia Consultants M.D, P.A., Joanne R. Werntz, Erik Lieberman, Orlando Health, Roger Murbach, Steven Appleblatt, Frank Bone. (Zehnder, Thomas) Modified on 8/11/2009 (IGC).
August 7, 2009 Opinion or Order Filing 231 ORDER granting #227 Joint Motion and Stipulation for Extension of Time and Continuance; extending deadlines. Signed by Judge John Antoon II on 8/7/2009. (BRS)
July 31, 2009 Filing 230 Second AMENDED Intervenor COMPLAINT against all defendants with Jury Demand filed by Joanne R. Werntz. Related document: #182 Amended complaint filed by Joanne R. Werntz, #202 Amended complaint filed by Raymond H. Pierson, III.(Romano, John) Modified on 8/3/2009 (JET).
July 17, 2009 Opinion or Order Filing 229 ENDORSED ORDER granting #228 unopposed motion to extend the time to respond to second amended complaint. Defendants shall have until August 11, 2009, to respond. Signed by Magistrate Judge Gregory J. Kelly on 7/17/2009. (PAB)
July 16, 2009 Filing 228 Unopposed MOTION for Extension of Time to File Response/Reply as to #206 Notice (Other) Second Amended Complaint by William Bott, Thomas Csencsitz, J. Dean Cole, John Hillenmeyer, J. David Moser, N. Donald Diebel, Rory Evans, Manuel J. Galceran, Hedrick J. Rivero, C. Gordon Wolfram, Roy W. Sanders, Gregory A. Rief, Linda G.T. Parks, Musculoskeletal Institute, Chartered, Wolverine Anesthesia Consultants M.D, P.A., Erik Lieberman, Orlando Health, Roger Murbach, Steven Appleblatt, Frank Bone. (Zehnder, Thomas) Motions referred to Magistrate Judge Gregory J. Kelly.
July 14, 2009 Filing 227 Joint MOTION to continue and for Extension of Time by Raymond H. Pierson, III. (Attachments: #1 Text of Proposed Order Proposed Order)(Romano, John)
July 13, 2009 Opinion or Order Filing 226 ORDER granting without prejudice #189 Joint Motion to Dismiss Amended Complaint in Intervention; granting without prejudice #190 Motion to Dismiss Amended Complaint in Intervention; dismissing #182 Amended Complaint in Intervention without prejudice and with leave to refile on or before Friday, July 31, 2009; and denying as moot #224 Defendants' Request for Oral Argument. Signed by Judge John Antoon II on 7/13/2009. (EK)
July 8, 2009 Filing 225 NOTICE of No Objection to Defendants' Request for Oral Argument Regarding Joint Motion to Dismiss Amended Complaint in Intervention by Raymond H. Pierson, III. (Romano, John) Modified on 7/9/2009 to correct test. (KCH)
July 7, 2009 Filing 224 REQUEST for oral argument re #189 Joint MOTION to dismiss Amended Complaint in Intervention or, Alternatively, to Strike Certain Claims for Damages and Incorporated Memorandum of Law by William Bott, Thomas Csencsitz, J. Dean Cole, John Hillenmeyer, J. David Moser, N. Donald Diebel, Rory Evans, Manuel J. Galceran, Hedrick J. Rivero, C. Gordon Wolfram, Gregory A. Rief, Linda G.T. Parks, Wolverine Anesthesia Consultants M.D, P.A., Erik Lieberman, Orlando Health, Roger Murbach, Steven Appleblatt, Frank Bone. (Alvaro, Chad)
July 6, 2009 Opinion or Order Filing 223 ENDORSED ORDER granting #214 unopposed motion for extension of time to serve expert witness disclosures and expert reports. Signed by Magistrate Judge Gregory J. Kelly on 7/6/2009. (PAB)
July 6, 2009 Opinion or Order Filing 222 ORDER granting #216 Joint Motion for qualified protective order. Signed by Magistrate Judge Gregory J. Kelly on 7/6/2009. (PAB)
June 26, 2009 Filing 221 NOTICE of filing of Expert Report of Dr. Pirela-Cruz filed by Raymond H. Pierson, III. (Attachments: #1 Main Document Expert Report of Dr. Pirela-Cruz, #2 Appendix CV of Dr. Pirela-Cruz, #3 Appendix Fee Schedule - Dr. Pirela-Cruz)(Romano, John) Modified on 6/29/2009 to correct text. (KCH)
June 26, 2009 Filing 220 NOTICE of Filing of Expert Report of Dr. James L. Hughes filed by Raymond H. Pierson, III. (Attachments: #1 Main Document Expert Report of Dr. James L. Hughes, #2 Appendix CV of Dr. James L. Hughes)(Romano, John) Modified on 6/29/2009 to correct text. (KCH)
June 26, 2009 Opinion or Order Filing 219 ENDORSED ORDER granting #218 Unopposed Motion to Extend Time to Respond to Second Amended Complaint. Deadline is extended to July 20, 2009 as agreed by the parties. Signed by Judge John Antoon II on 6/26/2009. (EK)
June 25, 2009 Filing 218 Unopposed MOTION to extend time to to Respond to Second Amended Complaint [206-2] by William Bott, Thomas Csencsitz, J. Dean Cole, John Hillenmeyer, J. David Moser, N. Donald Diebel, Rory Evans, Manuel J. Galceran, Hedrick J. Rivero, C. Gordon Wolfram, Roy W. Sanders, Gregory A. Rief, Linda G.T. Parks, Musculoskeletal Institute, Chartered, Wolverine Anesthesia Consultants M.D, P.A., Erik Lieberman, Orlando Health, Roger Murbach, Steven Appleblatt, Frank Bone. (Zehnder, Thomas) Modified on 6/26/2009 to add docket entry relationship. (KCH)
June 23, 2009 Filing 217 NOTICE of Filing of Expert Report of Dr. Sigvard T. Hansen by Raymond H. Pierson, III. (Attachments: #1 Main Document Expert Report of Dr. Sigvard T. Hansen, Jr., M.D., #2 Appendix Testimony of Dr. Hansen)(Romano, John) Modified on 6/24/2009 to correct text.(KCH)
June 23, 2009 Filing 216 Joint MOTION for protective order by all parties. (Attachments: #1 Text of Proposed Order Proposed Joint Qualified Protective Order)(Romano, John) Motions referred to Magistrate Judge Gregory J. Kelly.
June 22, 2009 Filing 215 NOTICE of Filing of Expert Report of Dr. Joanne R. Werntz by Raymond H. Pierson, III. (Attachments: #1 Main Document Expert Report of Dr. Joanne R. Werntz, #2 Appendix CV of Dr. Joanne R. Werntz)(Romano, John) Modified on 6/23/2009 to correct text. (KCH)
June 22, 2009 Filing 214 Unopposed MOTION to extend time to File Disclosures of Experts' Reports to June 29, 2009 by Raymond H. Pierson, III. (Attachments: #1 Text of Proposed Order Unopposed Order on the Motion for Extension of Time to File Disclosures of Experts' Reports)(Romano, John) Modified on 6/23/2009 to correct text. (KCH)
June 22, 2009 Filing 213 NOTICE of Filing of Expert Report of Dr. Philip J. Kregor by Raymond H. Pierson, III. (Attachments: #1 Main Document Expert Report of Dr. Philip Kregor, #2 Appendix CV of Dr. Philip Kregor, #3 Appendix Previous Testimony of Dr. Philip Kregor)(Romano, John) Modified on 6/23/2009 to correct text. (KCH)
June 22, 2009 Filing 212 NOTICE of Filing of Expert Report of Dr. Raymond H. Pierson, III, M.D. by Raymond H. Pierson, III. (Attachments: #1 Main Document Report of Raymond H. Pierson, III, M.D., #2 Appendix CV of Dr. Raymond H. Pierson, III, M.D.)(Romano, John) Modified on 6/23/2009 to correct text. (KCH)
June 22, 2009 Filing 211 NOTICE of Filing of Expert Report of Dr. Edward Feldmann by Joanne R. Werntz. (Attachments: #1 Main Document Expert Report of Dr. Edward Feldmann, #2 Appendix CV of Dr. Edward Feldmann with Publications, #3 Appendix Previous Testimony of Dr. Feldmann, #4 Appendix Materials Reviewed and Opinions of Dr. Edward Feldmann)(Romano, John) Modified on 6/23/2009 to clarify text. (KCH)
June 4, 2009 Opinion or Order Filing 210 ENDORSED ORDER denying as moot #205 Motion to extend time; granting #207 Amended Motion to extend time re: disclosures of experts' reports. Signed by Judge John Antoon II on 6/4/2009. (BRS)
June 2, 2009 Filing 209 NOTICE by Raymond H. Pierson, III re #202 Amended complaint Plaintiff's Verification Page for the Second Amended Complaint (Attachments: #1 Main Document Plaintiff's Verification Page for Second Amended Complaint)(Romano, John)
June 2, 2009 Filing 208 NOTICE by Raymond H. Pierson, III of Filing of Expert Report of Arthur D. Shorr, FACHE (Attachments: #1 Main Document Expert Report of Arthur D. Shorr, FACHE, #2 Appendix Enclosures to Arthur Shorr Expert Report)(Romano, John)
June 2, 2009 Filing 207 Unopposed MOTION to amend/correct #205 Unopposed MOTION to extend time to June 22, 2009 to File Experts' Reports by all plaintiffs. (Attachments: #1 Supplement Amended Proposed Order on Motion for Extension of Time to File Expert Reports)(Romano, John)
June 2, 2009 Filing 206 NOTICE by Raymond H. Pierson, III re #202 Amended complaint Second (Attachments: #1 Main Document Corrected Version of Plaintiff's Second Amended Complaint)(Romano, John)
June 1, 2009 Filing 205 Unopposed MOTION to extend time to June 22, 2009 to File Experts' Reports by all plaintiffs. (Attachments: #1 Text of Proposed Order Proposed Order on Motion to Extend Time to File Experts' Reports)(Romano, John)
June 1, 2009 Filing 204 Disclosure of Expert Report of James T. McClave, Ph.D. by Raymond H. Pierson, III. (Attachments: #1 Main Document Report of Expert James T. McClave, Ph.D.)(Romano, John) Modified on 6/2/2009 to correct text. (KCH)
June 1, 2009 Filing 203 Disclosure of Expert Report of Lawrence R. Huntoon, M.D., Ph.D., F.A.A.N. by Raymond H. Pierson, III. (Attachments: #1 Main Document Report of Expert Lawrence R. Huntoon, M.D., Ph.D., F.A.A.N. Part I, #2 Appendix Report of Lawrence R. Huntoon, M.D., Ph.D., F.A.A.N. Part II - The Appendix)(Romano, John) Modified on 6/2/2009 to correct text. (KCH)
May 29, 2009 Filing 202 SECOND AMENDED COMPLAINT against all defendants with Jury Demand filed by Raymond H. Pierson, III.(Romano, John) Modified on 6/1/2009 to modify text. (KCH)
April 28, 2009 Opinion or Order Filing 201 ORDER granting with prejudice in part and granting without prejudice in part #107 Motion to Dismiss; granting with prejudice in part and granting without prejudice in part #108 Motion to Dismiss; granting with prejudice in part, granting without prejudice in part, and denying as moot in part #109 Motion to Dismiss or for More Definite Statement; granting #121 Motion to Dismiss; granting with prejudice in part, granting without prejudice in part, and denying as moot in part #131 Motion to Dismiss or to Strike or for More Definite Statement; granting #142 Motion to Dismiss; dismissing some counts with prejudice and some counts without prejudice; and setting deadline for filing of second amended complaint. Signed by Judge John Antoon II on 4/28/2009.(EK)
March 24, 2009 Filing 200 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT (Document 199). 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 electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Tony Rolland (TR)
March 24, 2009 Filing 199 TRANSCRIPT of Hearing on Motion to Dismiss held on 8/5/08 before Judge John Antoon II. Court Reporter Tony Rolland,Telephone number 407.760.6023. Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 4/14/2009, Redacted Transcript Deadline set for 4/24/2009, Release of Transcript Restriction set for 6/22/2009. (TR)
March 3, 2009 Opinion or Order Filing 198 ENDORSED ORDER granting #197 unopposed motion for withdrawal and substitution of counsel. Signed by Magistrate Judge Gregory J. Kelly on 3/3/2009. (PAB)
March 2, 2009 Filing 197 Unopposed MOTION to substitute attorney John F. Romano for R. Gene Odom and Withdrawal of Attorney R. Gene Odom by Joanne R. Werntz. (Romano, John) Motions referred to Magistrate Judge Gregory J. Kelly.
February 13, 2009 Opinion or Order Filing 196 ENDORSED ORDER granting #192 Motion to withdraw as attorney. Signed by Magistrate Judge Gregory J. Kelly on 2/13/2009. (PAB)
February 6, 2009 Opinion or Order Filing 195 ORDER of USCA, dismissing the appeal for lack of jurisdiction as to #175 Notice of appeal filed by Joanne R. Werntz. EOD: 2/4/09; USCA number: 08-15913-AA. Issued as mandate. (VEF)
February 3, 2009 Opinion or Order Filing 194 ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #193 Motion to substitute attorney. Signed by Magistrate Judge Gregory J. Kelly on 2/3/2009. (PAB)
February 3, 2009 Filing 193 MOTION to substitute attorney R. Gene Odom by Joanne R. Werntz. (Romano, John) Motions referred to Magistrate Judge Gregory J. Kelly.
January 26, 2009 Filing 192 MOTION by Raymond H. Pierson, III of Withdrawal of Counsel for Plaintiffs by Attorney Neal Katyal (Romano, John) Modified on 1/29/2009 to convert entry to a motion (CBH).
January 21, 2009 Filing 191 RESPONSE in opposition re #189 Joint MOTION to dismiss Amended Complaint in Intervention or, Alternatively, to Strike Certain Claims for Damages and Incorporated Memorandum of Law filed by Joanne R. Werntz. (Romano, John)
January 9, 2009 Filing 190 MOTION to dismiss Amended Complaint in Intervention or, Alternatively, To Strike Certain Claims for Damages and Incorporated Memorandum of Law by Roy W. Sanders, Musculoskeletal Institute, Chartered. (McLaughlin, Mark)
January 7, 2009 Filing 189 Joint MOTION to dismiss Amended Complaint in Intervention or, Alternatively, to Strike Certain Claims for Damages and Incorporated Memorandum of Law by William Bott, Thomas Csencsitz, J. Dean Cole, John Hillenmeyer, J. David Moser, N. Donald Diebel, Rory Evans, Manuel J. Galceran, Hedrick J. Rivero, C. Gordon Wolfran, Gregory A. Rief, Linda G.T. Parks, Wolverine Anesthesia Consultants M.D, P.A., Orlando Regional Healthcare Systems, Inc., Erik Lieberman, Phillip G. Spiegel, Roger Murbach, Steven Appleblatt, Frank Bone. (Alvaro, Chad)
January 5, 2009 Opinion or Order Filing 188 ENDORSED ORDER granting in part and denying in part #184 Unopposed Motion to withdraw and for substitution of counsel. The motion to withdraw is granted. The motion to substitute is denied because it appears Richard H. Levenstein, Esq. is not admitted to practice before this Court. Signed by Magistrate Judge Gregory J. Kelly on 1/5/2009. (PAB)
December 29, 2008 Opinion or Order Filing 187 ENDORSED ORDER vacating [Doc. No. 186] Order on unopposed motion to withdraw and substitution of counsel #184. The Clerk is directed to reactivate the motion at Docket Number 184. Signed by Magistrate Judge Gregory J. Kelly on 12/29/2008. (PAB)
December 24, 2008 Opinion or Order Filing 186 [VACATED] ENDORSED ORDER granting #184 Unopposed Motion for Withdrawal and Substitution of Counsel. Signed by Magistrate Judge Gregory J. Kelly on 12/24/2008. (PAB) Modified on 12/31/2008: This Order VACATED per Order 187(CBH).
December 23, 2008 Opinion or Order Filing 185 ENDORSED ORDER granting #183 Motion for extension of time to answer or respond. Defendants shall respond to the Intervenor's Amended Complaint on or before January 12, 2009. Signed by Magistrate Judge Gregory J. Kelly on 12/23/2008. (PAB)
December 23, 2008 Filing 184 Unopposed MOTION for Michael A. Logan, Karin M. Zaner & Jennifer S. Brownell to withdraw and Substitution of Counsel by Raymond H. Pierson, III. (Attachments: #1 Exhibit A)(Zaner, Karin) Modified on 12/24/2008 (IGC).
December 23, 2008 Filing 183 Unopposed JOINT MOTION for extension of time to file answer or otherwise plead re #182 Amended complaint by William Bott, Thomas Csencsitz, J. Dean Cole, John Hillenmeyer, J. David Moser, N. Donald Diebel, Rory Evans, Manuel J. Galceran, Hedrick J. Rivero, C. Gordon Wolfran, Roy W. Sanders, Gregory A. Rief, Linda G.T. Parks, Musculoskeletal Institute, Chartered, Wolverine Anesthesia Consultants M.D, P.A., Orlando Regional Healthcare Systems, Inc., Erik Lieberman, Roger Murbach, Steven Appleblatt, Frank Bone. (Alvaro, Chad) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 12/24/2008 (IGC).
December 15, 2008 Filing 182 AMENDED COMPLAINT IN INTERVENTION against all defendants with Jury Demand filed by Joanne R. Werntz.(Romano, John)
December 2, 2008 Opinion or Order Filing 181 ORDER granting in part and denying as moot in part #173 Joint Motion to Amend or Reconsider; vacating #172 Order; granting #4 Motion to Intervene, to limited extent, upon reconsideration; and setting deadline for filing of amended Intervenor's Complaint. Signed by Judge John Antoon II on 12/2/2008. (EK)
November 18, 2008 Opinion or Order Filing 180 ORDER granting #179 Motion to substitute party. Signed by Judge John Antoon II on 11/17/2008. (BRS)
November 10, 2008 Filing 179 MOTION to substitute party by Raymond H. Pierson, III. (Romano, John)
October 23, 2008 Filing 178 NOTICE of supplemental authority re #109 MOTION to dismiss Counts 1, 3-8, 10-12 and 17-19 of Plaintiff's Amended Complaint and Notice of Joinder by Orlando Regional Healthcare Systems, Inc. (Attachments: #1 Exhibit "A")(Alvaro, Chad)
October 17, 2008 Filing 177 Notice of substitution of AUSA. Jennifer Waugh Corinis substituting for Warren Zimmerman. (Corinis, Jennifer)
October 17, 2008 Filing 176 NOTICE of unavailability of counsel byRoy W. Sanders, Musculoskeletal Institute, Chartered from 02/16/09 to 02/20/09. (McLaughlin, Mark)
October 16, 2008 USCA appeal fees received $ 455 receipt number 29291 re #175 Notice of appeal filed by Joanne R. Werntz (copy sent to USCA) (VEF)
October 14, 2008 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #175 Notice of appeal. Eleventh Circuit Transcript information form forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under Forms and Publications/General. (VEF)
October 13, 2008 Filing 175 NOTICE OF APPEAL as to #172 Order on motion to intervene by Joanne R. Werntz. (Filing fee not paid) (Romano, John)
September 30, 2008 Filing 174 MEMORANDUM in opposition re #173 Motion to amend/correct filed by William Bott, Thomas Csencsitz, J. Dean Cole, John Hillenmeyer, J. David Moser, N. Donald Diebel, Rory Evans, Manuel J. Galceran, Hedrick J. Rivero, C. Gordon Wolfran, Gregory A. Rief, Linda G.T. Parks, Wolverine Anesthesia Consultants M.D, P.A., Orlando Regional Healthcare Systems, Inc., Phillip G. Spiegel, Roger Murbach, Steven Appleblatt, Frank Bone. (Alvaro, Chad)
September 26, 2008 Filing 173 Joint MOTION to amend/correct #172 Order on motion to intervene or alternatively to reconsider motion to intervene by Raymond H. Pierson, III, Joanne R. Werntz. (Zaner, Karin)
September 11, 2008 Opinion or Order Filing 172 ORDER denying #4 Motion to intervene. Signed by Judge John Antoon II on 9/11/2008. (BRS) Modified on 12/3/2008: This Order is VACATED per #181 Order (CBH).
August 13, 2008 Filing 171 NOTICE of mediation to be held on September 8, 2009 at 9:00 a.m. before Jay Cohen. (Romano, John)
August 13, 2008 Filing 170 SUGGESTION of Death of Phillip G. Spiegel, M.D. byPhillip G. Spiegel. (Alvaro, Chad)
August 12, 2008 Filing 169 NOTICE of mediation to be held on September 8, 2009 at 9:00 a.m. before Jay Cohen. (Romano, John)
August 8, 2008 Filing 168 REPLY to response to motion re #4 MOTION to intervene and memorandum in support filed by Joanne R. Werntz. (Odom, Gene)
August 5, 2008 Filing 167 Minute Entry. Proceedings held before Judge John Antoon II: Motion Hearing held on 8/5/2008 re #142 MOTION to dismiss Amended Complaint and civil action filed by Region IV of the Department of Health and Human Services, Michael O. Leavitt, National Practitioner Data Bank, United States of America. W. Scott Gabrielson argues motion on behalf of defendants; Warren Zimmerman argues motion on behalf of US defendants; Neal Kumar Katyal argues on behalf of plaintiff. Court takes matter under advisement. Counsel for pltf: John F. Romano, Karin M. Zaner and Neal K. Katyal. Counsel for defts: W. Scott Gabrielson, Chad K. Alvaro, David B. King and Mark E. McLaughlin; Counsel for Govt. defts: Warren Zimmerman. Start time: 9:10 a.m; End time: 10:00 a.m. Court Reporter: Tony Rolland (DJD)
July 30, 2008 Filing 166 NOTICE of supplemental authority re #107 MOTION to dismiss Counts 1, 3-10, and 17-19 and Incorporated Memorandum of Law by Orlando Regional Healthcare Systems, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Alvaro, Chad)
July 16, 2008 Filing 165 NOTICE by Orlando Regional Healthcare Systems, Inc. of filing INITIAL DISCLOSURES (Gabrielson, W.) Modified on 7/17/2008: This document is discovery; atty advised not to file; pdf deleted (CBH).
July 16, 2008 Opinion or Order Filing 164 ORDER and NOTICE OF HEARING, granting #160 Request for Oral Argument. Argument on #142 Motion to Dismiss and the constitutional issues in Counts 17 & 18 set for Tuesday, August 5, 2008, at 9:00 a.m. Signed by Judge John Antoon II on 7/16/2008. (EK)
July 15, 2008 Opinion or Order Filing 163 ENDORSED ORDER granting #162 Plaintiff's Unopposed Motion for Leave to Deem Response to Docket No. 142 as Timely Filed. Plaintiff's Response #161 is accepted as timely filed. Signed by Judge John Antoon II on 7/15/2008. (EK)
July 15, 2008 Filing 162 Unopposed MOTION for Extension of Time to File Plaitniff's Unopposed Motion for Leave to Deem Response to Docket No. 142 as Timely Filed by Raymond H. Pierson, III. (Attachments: #1 Exhibit A)(Zaner, Karin)
July 15, 2008 Filing 161 RESPONSE in opposition re #142 MOTION to dismiss Amended Complaint and civil action Plaintiff's Response and Memorandum of Law in Opposition to Docket No. 142 filed by Raymond H. Pierson, III. (Zaner, Karin)
July 14, 2008 Filing 160 REQUEST for oral argument re #142 MOTION to dismiss Amended Complaint and civil action by Raymond H. Pierson, III. (Zaner, Karin)
July 14, 2008 Filing 159 RESPONSE in opposition re #142 MOTION to dismiss Amended Complaint and civil action Response and Memorandum of Law in Opposition to Docket No. 142 filed by Raymond H. Pierson, III. (Zaner, Karin) Modified on 7/16/2008: Wrong pdf selected; correct document refiled at #161; pdf deleted (CBH).
July 3, 2008 Filing 158 MEMORANDUM in opposition re #131 Motion to dismissMotion to strikeMotion for more definite statement filed by Raymond H. Pierson, III. (Attachments: #1 Exhibit A, #2 Exhibit A(1), #3 Exhibit A(2), #4 Exhibit A(3), #5 Exhibit A(4))(Zaner, Karin)
June 30, 2008 Filing 157 NOTICE by Roy W. Sanders of filing (Attachments: #1 Affidavit Affidavit of Dr. Sanders)(McLaughlin, Mark)
June 27, 2008 Filing 156 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. 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 electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Tony Rolland 407.760.6023 (TR)
June 27, 2008 Filing 155 TRANSCRIPT of Hearing on Motions to Dismiss held on 6/13/08 before Judge John Antoon II. Court Reporter Tony Rolland,Telephone number 407.760.6023. Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 7/18/2008, Redacted Transcript Deadline set for 7/28/2008, Release of Transcript Restriction set for 9/25/2008. (TR)
June 25, 2008 Filing 154 MEMORANDUM in opposition re #121 Motion to dismiss by Defendant Florida Department of Health and Defendant Florida Board of Medicine filed by Raymond H. Pierson, III. (Attachments: #1 Exhibit A)(Zaner, Karin)
June 24, 2008 Filing 153 CERTIFICATE of interested persons and corporate disclosure statement re #151 Case management and scheduling order by United States of America, National Practitioner Data Bank, Michael O. Leavitt, Region IV of the Department of Health and Human Services. (Zimmerman, Warren)
June 17, 2008 Opinion or Order Filing 152 ORDER amending #151 Case management and scheduling order to allow 30 depositions per side, plus one deposition for each expert designated by each party. Signed by Judge John Antoon II on 6/17/2008. (BRS)
June 17, 2008 Opinion or Order Filing 151 CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge John Antoon II on 6/17/2008. (BRS)
June 13, 2008 Filing 150 Minute Entry. Proceedings held before Judge John Antoon II: Motion Hearing held on 6/13/2008 re #107 MOTION to dismiss Counts 1, 3-10, and 17-19 and Incorporated Memorandum of Law filed by Orlando Regional Healthcare Systems, Inc., #108 MOTION to dismiss Counts 1, 3-8, 10-12, and 17-19 and Incorporated Memorandum of Law filed by Linda G.T. Parks, John Hillenmeyer, C. Gordon Wolfran, Thomas Csencsitz, Gregory A. Rief, Phillip G. Spiegel, #109 MOTION to dismiss Counts 1, 3-8, 10-12 and 17-19 of Plaintiff's Amended Complaint and Notice of Joinder filed by J. David Moser, Steven Appleblatt, Roger Murbach, J. Dean Cole, Rory Evans, N. Donald Diebel, Wolverine Anesthesia Consultants M.D, P.A., Frank Bone, Hedrick J. Rivero, Manuel J. Galceran. Parties argue Motions to Dismiss; Court takes motions under advisement. Counsel for pltf: Karin M. Zaner and John Fletcher Romano; Counsel for defts. Orlando Regional Healthcare, Phillip Spiegel, Thomas Csencsitz, John Hillenmeyer, C. Gordon Wolfram, Gregory A. Rief and Linda G.T. Parks: Chad K. Alvaro. Counsel for defts. Roger Murbach, Steven Appleblatt, Frank Bone, William Bott, J. Dean Cole, J. David Moser, N. Donald Diebel, Rory Evans, Manuel J. Galceran, Hedrick J. Rivero and Wolverine Anesthesia Consultants: David B. King and Thomas A. Zehnder. Start time: 3:05 p.m; End time: 4:30 p.m. Court Reporter: Tony Rolland (DJD)
June 11, 2008 Filing 149 ENTERED IN ERROR. Modified on 6/12/2008 (MAA).
June 11, 2008 Opinion or Order Filing 148 ORDER cancelling the oral argument on Counts 17 and 18, scheduled for June 13, 2008, re #146 MOTION to Defer Oral Argument on Constitutional Issues Regarding Counts 17 and 18 and Report on Meet and Confer. Signed by Judge John Antoon II on 6/11/2008. (BRS)
June 11, 2008 Filing 147 RESPONSE to motion re #146 MOTION to continue /Defer Oral Argument on Constitutional Issues Regarding Counts 17 and 18 and Report on Meet and Confer filed by Raymond H. Pierson, III. (Romano, John)
June 10, 2008 Filing 146 MOTION to continue /Defer Oral Argument on Constitutional Issues Regarding Counts 17 and 18 and Report on Meet and Confer by William Bott, Thomas Csencsitz, J. Dean Cole, John Hillenmeyer, J. David Moser, N. Donald Diebel, Rory Evans, Manuel J. Galceran, Hedrick J. Rivero, C. Gordon Wolfran, Gregory A. Rief, Linda G.T. Parks, Wolverine Anesthesia Consultants M.D, P.A., Orlando Regional Healthcare Systems, Inc., Phillip G. Spiegel, Roger Murbach, Steven Appleblatt, Frank Bone. (Zehnder, Thomas)
June 9, 2008 Filing 145 NOTICE of supplemental authority re #107 MOTION to dismiss Counts 1, 3-10, and 17-19 and Incorporated Memorandum of Law, #108 MOTION to dismiss Counts 1, 3-8, 10-12, and 17-19 and Incorporated Memorandum of Law, #109 MOTION to dismiss Counts 1, 3-8, 10-12 and 17-19 of Plaintiff's Amended Complaint and Notice of Joinder by William Bott, Thomas Csencsitz, J. Dean Cole, John Hillenmeyer, J. David Moser, N. Donald Diebel, Rory Evans, Manuel J. Galceran, Hedrick J. Rivero, C. Gordon Wolfran, Gregory A. Rief, Linda G.T. Parks, Wolverine Anesthesia Consultants M.D, P.A., Orlando Regional Healthcare Systems, Inc., Phillip G. Spiegel, Roger Murbach, Steven Appleblatt, Frank Bone (Zehnder, Thomas)
June 3, 2008 Opinion or Order Filing 144 ENDORSED ORDER granting #143 Motion for Extension of Time to File Response/Reply re #142 MOTION to dismiss Amended Complaint and civil action. Responses due by 7/14/2008. Signed by Magistrate Judge Gregory J. Kelly on 6/3/2008. (PAB)
June 3, 2008 Filing 143 MOTION for Extension of Time to File Response/Reply as to #142 MOTION to dismiss Amended Complaint and civil action by Raymond H. Pierson, III. (Romano, John) Motions referred to Magistrate Judge Gregory J. Kelly.
May 30, 2008 Filing 142 MOTION to dismiss Amended Complaint and civil action by United States of America, National Practitioner Data Bank, Michael O. Leavitt, Region IV of the Department of Health and Human Services. (Zimmerman, Warren)
May 30, 2008 Opinion or Order Filing 141 ENDORSED ORDER granting #140 Motion for leave to file Reply. The Reply shall be filed within seven (7) days from the date of this Order and shall not exceed seven (7) pages. Signed by Judge John Antoon II on 5/30/2008. (BRS)
May 29, 2008 Filing 140 Joanne R. Werntz M.D.s Motion for Leave to File Reply to Joint Memorandum of Law of Defendants in Opposition to Joanne R. Werntz, M.D.s Motion to Intervene & Memorandum in Support by Joanne R. Werntz. (Odom, Gene) Modified on 5/30/2008 (IGC).
May 28, 2008 Opinion or Order Filing 139 ENDORSED ORDER granting #136 Plaintiff's Unopposed Motion for Enlargement of Time to Respond to Docket Entry No. 129. Response due by 7/3/2008. Signed by Magistrate Judge Gregory J. Kelly on 5/28/2008. (PAB)
May 27, 2008 Filing 138 MEMORANDUM in opposition re #109 Motion to dismiss filed by Raymond H. Pierson, III. (Attachments: #1 Exhibit A, #2 Exhibit B)(Zaner, Karin)
May 27, 2008 Filing 137 MEMORANDUM in opposition re #108 Motion to dismiss filed by Raymond H. Pierson, III. (Attachments: #1 Exhibit Exhibit A)(Zaner, Karin)
May 27, 2008 Filing 136 MOTION for Extension of Time to File Response/Reply by Raymond H. Pierson, III. (Romano, John) Motions referred to Magistrate Judge Gregory J. Kelly.
May 27, 2008 Filing 135 CASE MANAGEMENT REPORT. (Romano, John)
May 27, 2008 Filing 134 MEMORANDUM in opposition re #107 Motion to dismiss filed by Raymond H. Pierson, III. (Zaner, Karin)
May 27, 2008 Opinion or Order Filing 133 ORDER granting #130 motion to appear pro hac vice. Signed by Magistrate Judge Gregory J. Kelly on 5/27/2008. (PAB)
May 23, 2008 Opinion or Order Filing 132 ORDER granting #128 Motion to reschedule hearing; the hearing on Defendants' Motions to Dismiss #107 #108 #109 on June 13, 2008, is rescheduled from 10:30 a.m. to 3:00 p.m. Signed by Judge John Antoon II on 5/22/2008. (BRS)
May 22, 2008 Filing 131 MOTION to dismiss First Amended Complaint or in the alternative, MOTION to strike or, MOTION for more definite statement by Roy W. Sanders. (McLaughlin, Mark)
May 22, 2008 Filing 130 MOTION for Neal Kumar Katyal to appear pro hac vice by Raymond H. Pierson, III. (Romano, John) Motions referred to Magistrate Judge Gregory J. Kelly.
May 21, 2008 Filing 129 MOTION to dismiss First Amended Complaint or in the Alternative To Strike or for More Definite Statement by Roy W. Sanders. (McLaughlin, Mark) Modified on 5/22/2008: Document not filed correctly; atty will refile using proper codes; pending status terminated (CBH).
May 21, 2008 Filing 128 Unopposed MOTION to Reschedule Hearing on Defendants' Motions to Dismiss by Raymond H. Pierson, III. (Zaner, Karin)
May 19, 2008 Filing 127 MEMORANDUM in opposition re #4 Motion to intervene filed by William Bott, Thomas Csencsitz, J. Dean Cole, John Hillenmeyer, J. David Moser, N. Donald Diebel, Rory Evans, Manuel J. Galceran, Hedrick J. Rivero, C. Gordon Wolfran, Gregory A. Rief, Linda G.T. Parks, Wolverine Anesthesia Consultants M.D, P.A., Orlando Regional Healthcare Systems, Inc., Phillip G. Spiegel, Roger Murbach, Steven Appleblatt, Frank Bone. (Alvaro, Chad)
May 16, 2008 Filing 126 NOTICE by Raymond H. Pierson, III re #63 Related case order and notice of designation of track 2 (Romano, John)
May 14, 2008 Opinion or Order Filing 125 ENDORSED ORDER granting #123 Plaintiff's Unopposed Motion for Enlargement of Time to Respond re #121 MOTION to dismiss Plaintiff's Amended Complaint. Response due by 6/25/2008. Signed by Magistrate Judge Gregory J. Kelly on 5/14/2008. (PAB)
May 14, 2008 Filing 124 NOTICE Of Joinder by William Bott with #107 MOTION to dismiss Counts 1, 3-10, and 17-19 and Incorporated Memorandum of Law, #108 MOTION to dismiss Counts 1, 3-8, 10-12, and 17-19 and Incorporated Memorandum of Law, and #109 MOTION to dismiss Counts 1, 3-8, 10-12 and 17-19 (Zehnder, Thomas) Modified on 5/16/2008 to clarify text (CBH).
May 13, 2008 Filing 123 MOTION for Extension of Time to File Response/Reply as to #121 MOTION to dismiss Plaintiff's Amended Complaint by Raymond H. Pierson, III. (Romano, John) Motions referred to Magistrate Judge Gregory J. Kelly.
May 13, 2008 Opinion or Order Filing 122 ENDORSED ORDER granting #120 Federal Defendants' Unopposed Motion for Extension of Time to Answer or otherwise Respond to Plaintiff's Complaint. Answer or Response due on or before 5/30/08. Signed by Magistrate Judge Gregory J. Kelly on 5/13/2008. (PAB)
May 13, 2008 Filing 121 MOTION to dismiss Plaintiff's Amended Complaint by Florida Health Department, Florida Board of Medicine. (Redd, Sabrina)
May 12, 2008 Filing 120 Unopposed MOTION for extension of time to file answer or otherwise plead re #3 Amended complaint by United States of America, National Practitioner Data Bank, Michael O. Leavitt, Region IV of the Department of Health and Human Services. (Zimmerman, Warren) Motions referred to Magistrate Judge Gregory J. Kelly.
May 8, 2008 Filing 119 Notice of Hearing on Defendants' Motions to Dismiss #107 #108 #109 on Friday, June 13, 2008 at 10:30 a.m. Signed by Judge John Antoon II on 5/8/2008. (BRS)
May 6, 2008 Opinion or Order Filing 118 ORDER that the Defendants shall file a response to #4 MOTION to intervene within eleven (11) days of this Order. Signed by Judge John Antoon II on 5/6/2008. (BRS)
May 5, 2008 Filing 117 RETURN of service executed on 4-24-08 by Joanne R. Werntz as to William Bott. (Romano, John)
May 5, 2008 Filing 116 RETURN of service executed on 4-25-08 by Raymond H. Pierson, III as to William Bott. (Romano, John)
May 5, 2008 Opinion or Order Filing 115 ENDORSED ORDER granting #113 Motion for Leave to File Excess Pages. The court reminds counsel that brevity is a virtue that is often rewarded, but nonetheless, the court grants Plaintiff leave to file a Response not to exceed 45 pages in length. Signed by Judge John Antoon II on 5/5/2008. (Antoon II, John)
May 5, 2008 Opinion or Order Filing 114 ENDORSED ORDER granting #112 Motion for Extension of Time to File Response/Reply. Responses due by 5/27/2008. Signed by Judge John Antoon II on 5/5/2008. (Antoon II, John)
May 2, 2008 Filing 113 MOTION for leave to file excess pages by Raymond H. Pierson, III. (Romano, John)
May 2, 2008 Filing 112 MOTION for Extension of Time to File Response/Reply as to #107 MOTION to dismiss Counts 1, 3-10, and 17-19 and Incorporated Memorandum of Law, #108 MOTION to dismiss Counts 1, 3-8, 10-12, and 17-19 and Incorporated Memorandum of Law, #109 MOTION to dismiss Counts 1, 3-8, 10-12 and 17-19 of Plaintiff's Amended Complaint and Notice of Joinder by Raymond H. Pierson, III. (Romano, John) Motions referred to Magistrate Judge Gregory J. Kelly.
May 1, 2008 Opinion or Order Filing 111 ENDORSED ORDER granting #106 Motion to extend time to respond to Complaint. Defendants shall respond to the Complaint within 20 days of resolution of the last of the motions to dismiss now pending. Signed by Judge John Antoon II on 5/1/2008. (Antoon II, John)
April 30, 2008 Filing 110 REQUEST for oral argument re #107 MOTION to dismiss Counts 1, 3-10, and 17-19 and Incorporated Memorandum of Law, #108 MOTION to dismiss Counts 1, 3-8, 10-12, and 17-19 and Incorporated Memorandum of Law, #109 MOTION to dismiss Counts 1, 3-8, 10-12 and 17-19 of Plaintiff's Amended Complaint and Notice of Joinder by Thomas Csencsitz, J. Dean Cole, John Hillenmeyer, J. David Moser, N. Donald Diebel, Rory Evans, Manuel J. Galceran, Hedrick J. Rivero, C. Gordon Wolfran, Gregory A. Rief, Linda G.T. Parks, Wolverine Anesthesia Consultants M.D, P.A., Orlando Regional Healthcare Systems, Inc., Phillip G. Spiegel, Roger Murbach, Steven Appleblatt, Frank Bone. (Zehnder, Thomas)
April 30, 2008 Filing 109 MOTION to dismiss Counts 1, 3-8, 10-12 and 17-19 of Plaintiff's Amended Complaint and Notice of Joinder by J. Dean Cole, J. David Moser, N. Donald Diebel, Rory Evans, Manuel J. Galceran, Hedrick J. Rivero, Wolverine Anesthesia Consultants M.D, P.A., Roger Murbach, Steven Appleblatt, Frank Bone. (Attachments: #1 Exhibit Index, #2 Exhibit A)(Zehnder, Thomas)
April 30, 2008 Filing 108 MOTION to dismiss Counts 1, 3-8, 10-12, and 17-19 and Incorporated Memorandum of Law by Thomas Csencsitz, John Hillenmeyer, C. Gordon Wolfran, Gregory A. Rief, Linda G.T. Parks, Phillip G. Spiegel. (Alvaro, Chad)
April 30, 2008 Filing 107 MOTION to dismiss Counts 1, 3-10, and 17-19 and Incorporated Memorandum of Law by Orlando Regional Healthcare Systems, Inc.. (Attachments: #1 Exhibit A)(Alvaro, Chad)
April 30, 2008 Filing 106 Unopposed MOTION to extend time to Respond to Remaining Counts of the First Amended Complaint and Incorporated Memorandum of Law by Thomas Csencsitz, J. Dean Cole, John Hillenmeyer, J. David Moser, N. Donald Diebel, Rory Evans, Manuel J. Galceran, Hedrick J. Rivero, C. Gordon Wolfran, Gregory A. Rief, Linda G.T. Parks, Wolverine Anesthesia Consultants M.D, P.A., Orlando Regional Healthcare Systems, Inc., Phillip G. Spiegel, Roger Murbach, Steven Appleblatt, Frank Bone. (Zehnder, Thomas)
April 29, 2008 Opinion or Order Filing 105 ENDORSED ORDER granting #102 Motion for Leave to File Excess Pages. Signed by Judge John Antoon II on 4/29/2008. (BRS)
April 25, 2008 Filing 104 NOTICE by Raymond H. Pierson, III re #63 Related case order and notice of designation of track 2 (Romano, John)
April 24, 2008 Filing 103 NOTICE by Raymond H. Pierson, III of Scrivener's Error (Romano, John)
April 24, 2008 Filing 102 MOTION for leave to file excess pages by Orlando Regional Healthcare Systems, Inc.. (Alvaro, Chad)
April 23, 2008 Filing 101 RETURN of service executed on 4-15-08 by Raymond H. Pierson, III as to State of Florida. (Romano, John)
April 22, 2008 Opinion or Order Filing 100 ENDORSED ORDER granting #98 Unopposed Motion for Extension of Time to answer or respond. Florida Department of Health's answer due on or before 5/12/2008. Signed by Magistrate Judge Gregory J. Kelly on 4/22/2008. (PAB)
April 22, 2008 Opinion or Order Filing 99 ENDORSED ORDER granting #97 Unopposed Second Motion for Extension of Time for Defedants Musculoskeletal Institute Chartered d/b/a FOI and Roy Sanders, M.D. to file a Responsive Pleading. Responsive pleading is due on or before May 21, 2008. Signed by Magistrate Judge Gregory J. Kelly on 4/22/2008. (PAB)
April 22, 2008 Filing 98 MOTION for extension of time to file answer or otherwise plead by Florida Health Department. (Redd, Sabrina) Motions referred to Magistrate Judge Gregory J. Kelly.
April 21, 2008 Filing 97 Second MOTION to extend time to File a Responsive Pleading, Second MOTION for Extension of Time to File Response/Reply by Roy W. Sanders. (McLaughlin, Mark) Motions referred to Magistrate Judge Gregory J. Kelly.
April 21, 2008 Opinion or Order Filing 96 ENDORSED ORDER Granting #92 Unopposed Second Joint Motion for Enlargement of Time to Respond to Plaintiffs' First Amended Complaint. Response to First Amended Complaint due by 4/30/2008. Signed by Magistrate Judge Gregory J. Kelly on 4/21/2008. (PAB)
April 18, 2008 Opinion or Order Filing 95 ENDORSED ORDER to strike re: 91 Notice (Other), Notice (Other) filed by J. David Moser, Steven Appleblatt, Roger Murbach, J. Dean Cole, Rory Evans, N. Donald Diebel, Wolverine Anesthesia Consultants M.D, P.A., Frank Bone, Hedrick J. Rivero, Manuel J. Galceran, 89 Notice (Other) filed by Linda G.T. Parks, Gregory A. Rief, 86 Notice (Other) filed by Orlando Regional Healthcare Systems, Inc., 87 Notice (Other) filed by John Hillenmeyer, 88 Notice (Other) filed by Thomas Csencsitz, 90 Notice (Other) filed by Phillip G. Spiegel. The documents filed are neither motions nor pleadings, and they do not comply with the Federal Rules of Civil Procedure or the Local Rules. Signed by Magistrate Judge Gregory J. Kelly on 4/18/2008. (PAB)
April 17, 2008 Filing 94 NOTICE of Appearance by Sabrina E. Redd on behalf of Florida Health Department, Florida Board of Medicine (Redd, Sabrina)
April 17, 2008 Filing 93 NOTICE of Appearance by Sabrina E. Redd on behalf of Florida Health Department, Florida Board of Medicine (Redd, Sabrina) Modified on 4/21/2008: Refiled at #94 due to improper signature block (CBH).
April 17, 2008 Filing 92 Joint MOTION for Extension of Time to File Response/Reply as to #3 Amended complaint by Thomas Csencsitz, J. Dean Cole, John Hillenmeyer, J. David Moser, N. Donald Diebel, Rory Evans, Manuel J. Galceran, Hedrick J. Rivero, C. Gordon Wolfran, Gregory A. Rief, Linda G.T. Parks, Wolverine Anesthesia Consultants M.D, P.A., Orlando Regional Healthcare Systems, Inc., Phillip G. Spiegel, Roger Murbach, Steven Appleblatt, Frank Bone. (Gabrielson, W.) Motions referred to Magistrate Judge Gregory J. Kelly.
April 16, 2008 CLERK'S NOTE: Documents #86-91 filed as Notices will be re-filed as Motions for Attorneys' Fees by counsel. (CBH)
April 16, 2008 Filing 91 NOTICE by J. Dean Cole, J. David Moser, N. Donald Diebel, Rory Evans, Manuel J. Galceran, Hedrick J. Rivero, Wolverine Anesthesia Consultants M.D, P.A., Roger Murbach, Steven Appleblatt, Frank Bone of Request for Attorney's Fees (Zehnder, Thomas) Modified on 4/23/2008: Document STRICKEN per Order 95; pdf deleted (CBH).
April 16, 2008 Filing 90 NOTICE by Phillip G. Spiegel of Request for Attorneys' Fees (Gabrielson, W.) Modified on 4/23/2008: document STRICKEN per Order 95; pdf deleted (CBH).
April 16, 2008 Filing 89 NOTICE by Gregory A. Rief, Linda G.T. Parks of Request for Attorneys' Fees of Defendant, Estate of John Connolly, M.D. (Gabrielson, W.) Modified on 4/23/2008: Document STRICKEN per Order 95; pdf deleted (CBH).
April 16, 2008 Filing 88 NOTICE by Thomas Csencsitz of Request for Attorneys' Fees (Gabrielson, W.) Modified on 4/23/2008: Document STRICKEN per Order 95; pdf deleted (CBH).
April 16, 2008 Filing 87 NOTICE by John Hillenmeyer of Request for Attorneys' Fees (Gabrielson, W.) Modified on 4/23/2008: Document STRICKEN per Order 95; pdf deleted (CBH).
April 16, 2008 Filing 86 NOTICE by Orlando Regional Healthcare Systems, Inc. of Request for Attorneys' Fees (Gabrielson, W.) Modified on 4/23/2008: Document STRICKEN per Order 95; pdf deleted (CBH).
April 15, 2008 Opinion or Order Filing 85 ORDER granting #81 motion to appear pro hac vice; granting #82 motion to appear pro hac vice; granting #83 motion to appear pro hac vice. Signed by Magistrate Judge Gregory J. Kelly on 4/15/2008. (PAB)
April 15, 2008 Filing 84 NOTICE by C. Gordon Wolfran of Request for Attorneys' Fees (Gabrielson, W.)
April 15, 2008 Filing 83 MOTION for Jennifer S. Brownell to appear pro hac vice by Raymond H. Pierson, III. (Romano, John) Motions referred to Magistrate Judge Gregory J. Kelly.
April 15, 2008 Filing 82 MOTION for Karin M. Zaner to appear pro hac vice by Raymond H. Pierson, III. (Romano, John) Motions referred to Magistrate Judge Gregory J. Kelly.
April 15, 2008 Filing 81 MOTION for Michael A. Logan to appear pro hac vice by Raymond H. Pierson, III. (Romano, John) Motions referred to Magistrate Judge Gregory J. Kelly.
April 14, 2008 Filing 80 NOTICE of pendency of related cases re #63 Related case order and notice of designation of track 2 per Local Rule 1.04(d) by J. Dean Cole, J. David Moser, N. Donald Diebel, Rory Evans, Manuel J. Galceran, Hedrick J. Rivero, Wolverine Anesthesia Consultants M.D, P.A., Roger Murbach, Steven Appleblatt, Frank Bone. Related case(s): Yes (Zehnder, Thomas)
April 14, 2008 Filing 79 CERTIFICATE of interested persons and corporate disclosure statement re #64 Interested persons order by J. Dean Cole, J. David Moser, N. Donald Diebel, Rory Evans, Manuel J. Galceran, Hedrick J. Rivero, Wolverine Anesthesia Consultants M.D, P.A., Roger Murbach, Steven Appleblatt, Frank Bone. (Zehnder, Thomas)
April 14, 2008 Filing 78 CERTIFICATE of interested persons and corporate disclosure statement re #64 Interested persons order by Roy W. Sanders identifying Other Affiliate Roy Sanders, Other Affiliate Florida Orthopaedic Institute, Other Affiliate Macfarlane Ferguson & McMullen, Other Affiliate Mark E. McLaughlin for Roy W. Sanders.. (McLaughlin, Mark)
April 14, 2008 Filing 77 NOTICE of pendency of related cases re #63 Related case order and notice of designation of track 2 per Local Rule 1.04(d) by Roy W. Sanders. Related case(s): yes (McLaughlin, Mark)
April 14, 2008 Filing 76 CERTIFICATE of interested persons and corporate disclosure statement re #64 Interested persons order by Thomas Csencsitz, John Hillenmeyer, C. Gordon Wolfran, Gregory A. Rief, Linda G.T. Parks, Orlando Regional Healthcare Systems, Inc., Phillip G. Spiegel. (Gabrielson, W.)
April 14, 2008 Filing 75 NOTICE of pendency of related cases re #63 Related case order and notice of designation of track 2 per Local Rule 1.04(d) by Thomas Csencsitz, John Hillenmeyer, C. Gordon Wolfran, Gregory A. Rief, Linda G.T. Parks, Orlando Regional Healthcare Systems, Inc., Phillip G. Spiegel. Related case(s): yes (Gabrielson, W.)
April 11, 2008 Filing 74 RETURN of service executed on 03-11-08 by Raymond H. Pierson, III as to Hedrick J. Rivero. (Romano, John)
April 11, 2008 Filing 73 NOTICE by Raymond H. Pierson, III re #63 Related case order and notice of designation of track 2 (Romano, John)
April 11, 2008 Filing 72 NOTICE of pendency of related cases re #63 Related case order and notice of designation of track 2 per Local Rule 1.04(d) by Raymond H. Pierson, III. Related case(s): yes (Romano, John)
April 11, 2008 Filing 71 CERTIFICATE of interested persons and corporate disclosure statement re #64 Interested persons order by Raymond H. Pierson, III. (Romano, John)
April 11, 2008 Filing 70 CERTIFICATE of interested persons and corporate disclosure statement re #64 Interested persons order by Joanne R. Werntz. (Romano, John)
April 11, 2008 Filing 69 NOTICE of pendency of related cases re #63 Related case order and notice of designation of track 2 per Local Rule 1.04(d) by Joanne R. Werntz. Related case(s): Yes (Romano, John)
April 11, 2008 Filing 68 RETURN of service executed on 3-5-08 by Joanne R. Werntz as to Musculoskeletal Institute, Chartered. (Romano, John)
April 11, 2008 Filing 67 RETURN of service executed on 3-5-08 by Joanne R. Werntz as to Roy W. Sanders. (Romano, John)
April 11, 2008 Filing 66 RETURN of service executed on 4-2-08 by Raymond H. Pierson, III as to Florida Board of Medicine. (Romano, John)
April 11, 2008 Summons reissued as to William Bott to serve Plaintiff's First Amended Original Complaint and Intervenor's Complaint with Joanne R. Werntz, M.D.'s Motion to Intervene. (MJT)
April 10, 2008 Case reassigned to Judge John Antoon II. New case number: 6:08-cv-466-Orl-28GJK. (CBH)
April 9, 2008 Opinion or Order Filing 65 ORDER OF RECUSAL. Chief Judge Patricia C. Fawsett recused. Signed by Chief Judge Patricia C. Fawsett on 4/9/2008. (MTH)
April 2, 2008 Opinion or Order Filing 64 INTERESTED PERSONS ORDER. Response due within (11) days of the date of this Order. Signed by Chief Judge Patricia C. Fawsett on 4/2/2008. (Copy mailed to Jennifer Brownell, Karin Zaner, Micahel Logan)(NBL)
April 2, 2008 Opinion or Order Filing 63 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2.Response due within (11) days of the date of this Order. Signed by Chief Judge Patricia C. Fawsett on 4/2/2008. (Copy to Jennifer Brownell, Karin Zaner, Michel Logan)(NBL)
April 2, 2008 Filing 62 RETURN of service executed on 03/05/08 by Raymond H. Pierson, III as to Roy W. Sanders. (Romano, John)
April 1, 2008 Filing 61 NOTICE of Appearance by Thomas A. Zehnder on behalf of J. Dean Cole, J. David Moser, N. Donald Diebel, Rory Evans, Manuel J. Galceran, Hedrick J. Rivero, Wolverine Anesthesia Consultants M.D, P.A., Roger Murbach, Steven Appleblatt, Frank Bone (Zehnder, Thomas)
April 1, 2008 Filing 60 NOTICE of Appearance by David B. King on behalf of J. Dean Cole, J. David Moser, N. Donald Diebel, Rory Evans, Manuel J. Galceran, Hedrick J. Rivero, Wolverine Anesthesia Consultants M.D, P.A., Roger Murbach, Steven Appleblatt, Frank Bone (King, David)
March 31, 2008 Filing 59 Case transferred in from Tampa Division on 03/31/2008. Tampa Case Number 8:08-cv-183. Case assigned to District Judge Patricia C. Fawsett and Magistrate Judge Gregory J. Kelly. (CBH)
March 31, 2008 Opinion or Order Filing 58 ENDORSED ORDER granting #35 Motion to transfer case; granting #57 Motion to transfer case to the Orlando Division of the Middle District of Florida, pursuant to Local Rule 1.02(e). The Clerk of Court shall transfer this case to the Orlando Division. Signed by Judge Elizabeth A. Kovachevich on 3/31/2008. (JM)
March 28, 2008 Filing 57 Amended MOTION to transfer case (#35) to Reflect Withdrawal of Plaintiff's Objection to Granting Said Motion by Orlando Regional Healthcare Systems, Inc.. (Gabrielson, W.)
March 28, 2008 Filing 56 RETURN of service unexecuted by Raymond H. Pierson, III as to William Bott. (Romano, John)
March 28, 2008 Filing 55 RETURN of service unexecuted by Joanne R. Werntz as to William Bott. (Romano, John)
March 26, 2008 Opinion or Order Filing 54 ENDORSED ORDER granting #53 Motion for extension of time to answer or respond. Thomas Csencsitz, et al. Answers due 4/21/2008. Signed by Judge Elizabeth A. Kovachevich on 3/26/2008. (JM)
March 26, 2008 Filing 53 Unopposed MOTION for extension of time to file answer or otherwise plead re #3 Amended complaint by Thomas Csencsitz, J. Dean Cole, John Hillenmeyer, J. David Moser, N. Donald Diebel, Rory Evans, Manuel J. Galceran, Hedrick J. Rivero, C. Gordon Wolfran, Gregory A. Rief, Linda G.T. Parks, Wolverine Anesthesia Consultants M.D, P.A., Orlando Regional Healthcare Systems, Inc., Phillip G. Spiegel, Roger Murbach, Steven Appleblatt, Frank Bone. (Attachments: #1 Exhibit A)(Alvaro, Chad)
March 26, 2008 Opinion or Order Filing 52 ENDORSED ORDER granting #51 Motion for extension of time to answer or respond. Roy W. Sanders and Musculoskeletal Institute Chartered d/b/a FOI Answers due 4/21/2008. Signed by Judge Elizabeth A. Kovachevich on 3/26/2008. (JM)
March 25, 2008 Filing 51 Unopposed MOTION for extension of time to file answer or otherwise plead by Roy W. Sanders. (McLaughlin, Mark)
March 25, 2008 Filing 50 SUMMONS Returned Executed by Raymond H. Pierson, III. United States of America served on 3/11/2008, answer due 5/10/2008. (Romano, John)
March 24, 2008 Filing 49 RETURN of service executed on 3-10-08 by Raymond H. Pierson, III as to Florida Health Department. (Romano, John)
March 24, 2008 Filing 48 RETURN of service executed on 3-13-08 by Raymond H. Pierson, III as to N. Donald Diebel. (Romano, John)
March 24, 2008 Filing 47 RETURN of service executed on 3-11-08 by Raymond H. Pierson, III as to Phillip G. Spiegel. (Romano, John)
March 24, 2008 Filing 46 RETURN of service executed on 3-11-08 by Raymond H. Pierson, III as to Gregory A. Rief. (Romano, John)
March 24, 2008 Filing 45 RETURN of service executed on 3-11-08 by Raymond H. Pierson, III as to Region IV of the Department of Health and Human Services. (Romano, John)
March 24, 2008 Filing 44 RETURN of service executed on 3-11-08 by Raymond H. Pierson, III as to National Practitioner Data Bank. (Romano, John)
March 24, 2008 Filing 43 RETURN of service executed on 3-11-08 by Raymond H. Pierson, III as to Michael O. Leavitt. (Romano, John)
March 24, 2008 Filing 42 *DOCUMENT TERMINATED* RETURN of service executed on 3-11-08 by Raymond H. Pierson, III as to United States of America. (Romano, John) COUNSEL TO REFILE USING PROPER EVENT CODE OF RETURN OF SERVICE EXECUTED AS TO USA. Modified on 3/25/2008 (CDA).
March 24, 2008 Filing 41 RETURN of service executed on 3-6-08 by Raymond H. Pierson, III as to Frank Bone. (Romano, John)
March 24, 2008 Filing 40 RETURN of service executed on 3-13-08 by Joanne R. Werntz as to N. Donald Diebel. (Romano, John)
March 24, 2008 Filing 39 RETURN of service executed on 3-11-08 by Joanne R. Werntz as to Phillip G. Spiegel. (Romano, John)
March 24, 2008 Filing 38 RETURN of service executed on 3-11-08 by Joanne R. Werntz as to Gregory A. Rief. (Romano, John)
March 24, 2008 Filing 37 RETURN of service executed on 3-8-08 by Joanne R. Werntz as to Rory Evans. (Romano, John)
March 24, 2008 Filing 36 RETURN of service executed on 3-10-08 by Joanne R. Werntz as to John Hillenmeyer. (Romano, John)
March 21, 2008 Filing 35 MOTION to transfer case to the Orlando Division and Memorandum of Law in Support Thereof by Orlando Regional Healthcare Systems, Inc.. (Gabrielson, W.)
March 20, 2008 Filing 34 RETURN of service executed on 3-10-08 by Joanne R. Werntz as to Orlando Regional Healthcare Systems, Inc.. (Romano, John)
March 20, 2008 Filing 33 RETURN of service executed on 3-10-08 by Raymond H. Pierson, III as to John Hillenmeyer. (Romano, John)
March 20, 2008 Filing 32 RETURN of service executed on 3-10-08 by Raymond H. Pierson, III as to Orlando Regional Healthcare Systems, Inc.. (Romano, John)
March 20, 2008 Filing 31 RETURN of service executed on 3-13-08 by Joanne R. Werntz as to Manuel J. Galceran. (Romano, John)
March 20, 2008 Filing 30 RETURN of service executed on 3-11-08 by Joanne R. Werntz as to C. Gordon Wolfran. (Romano, John)
March 20, 2008 Filing 29 RETURN of service executed on 3-11-08 by Joanne R. Werntz as to Thomas Csencsitz. (Romano, John)
March 20, 2008 Filing 28 RETURN of service executed on 3-11-08 by Joanne R. Werntz as to J. Dean Cole. (Romano, John)
March 20, 2008 Filing 27 RETURN of service executed on 3-12-08 by Joanne R. Werntz as to Linda G.T. Parks. (Romano, John)
March 20, 2008 Filing 26 RETURN of service executed on 3-13-08 by Raymond H. Pierson, III as to Manuel J. Galceran. (Romano, John)
March 20, 2008 Filing 25 RETURN of service executed on 3-11-08 by Raymond H. Pierson, III as to C. Gordon Wolfran. (Romano, John)
March 20, 2008 Filing 24 RETURN of service executed on 3-11-08 by Raymond H. Pierson, III as to Thomas Csencsitz. (Romano, John)
March 20, 2008 Filing 23 RETURN of service executed on 3-11-08 by Raymond H. Pierson, III as to J. Dean Cole. (Romano, John)
March 20, 2008 Filing 22 RETURN of service executed on 3-12-08 by Raymond H. Pierson, III as to Linda G.T. Parks. (Romano, John)
March 17, 2008 Filing 21 RETURN of service executed on March 11, 2008 by Joanne R. Werntz as to Hedrick J. Rivero. (Romano, John)
March 13, 2008 Filing 20 RETURN of service executed on March 7, 2008 by Joanne R. Werntz as to Steven Appleblatt. (Romano, John)
March 13, 2008 Filing 19 RETURN of service executed on March 6, 2008 by Joanne R. Werntz as to Frank Bone. (Romano, John)
March 13, 2008 Filing 18 RETURN of service executed on March 7, 2008 by Joanne R. Werntz as to Wolverine Anesthesia Consultants M.D, P.A.. (Romano, John)
March 13, 2008 Filing 17 RETURN of service executed on March 7, 2008 by Joanne R. Werntz as to Roger Murbach. (Romano, John)
March 13, 2008 Filing 16 RETURN of service executed on March 7, 2008 by Joanne R. Werntz as to J. David Moser. (Romano, John)
March 13, 2008 Filing 15 RETURN of service executed on March 5, 2008 by Raymond H. Pierson, III as to Musculoskeletal Institute, Chartered. (Romano, John)
March 13, 2008 Filing 14 RETURN of service executed on March 7, 2008 by Raymond H. Pierson, III as to Wolverine Anesthesia Consultants M.D, P.A.. (Romano, John)
March 13, 2008 Filing 13 RETURN of service executed on March 8, 2008 by Raymond H. Pierson, III as to Rory Evans. (Romano, John)
March 13, 2008 Filing 12 RETURN of service executed on March 7, 2008 by Raymond H. Pierson, III as to Steven Appleblatt. (Romano, John)
March 13, 2008 Filing 11 RETURN of service executed on March 7, 2008 by Raymond H. Pierson, III as to Roger Murbach. (Romano, John)
March 13, 2008 Filing 10 RETURN of service executed on March 7, 2008 by Raymond H. Pierson, III as to J. David Moser. (Romano, John)
February 15, 2008 Filing 9 Summons issued as to William Bott, Thomas Csencsitz, J. Dean Cole, John Hillenmeyer, J. David Moser, N. Donald Diebel, Rory Evans, Manuel J. Galceran, Hedrick J. Rivero, C. Gordon Wolfran, Roy W. Sanders, Gregory A. Rief, Linda G.T. Parks, Musculoskeletal Institute, Chartered, Wolverine Anesthesia Consultants M.D, P.A., Orlando Regional Healthcare Systems, Inc., Phillip G. Spiegel, Roger Murbach, Steven Appleblatt, Frank Bone. (RFM)
February 15, 2008 Filing 8 Summons issued as to William Bott, Thomas Csencsitz, J. Dean Cole, John Hillenmeyer, J. David Moser, N. Donald Diebel, Rory Evans, Manuel J. Galceran, Hedrick J. Rivero, C. Gordon Wolfran, Roy W. Sanders, Gregory A. Rief, Linda G.T. Parks, Musculoskeletal Institute, Chartered, Wolverine Anesthesia Consultants M.D, P.A., United States of America, National Practitioner Data Bank, Michael O. Leavitt, Region IV of the Department of Health and Human Services, Orlando Regional Healthcare Systems, Inc., State of Florida, Florida Health Department, Florida Board of Medicine, Phillip G. Spiegel, Roger Murbach, Steven Appleblatt, Frank Bone. (RFM)
February 13, 2008 Opinion or Order Filing 7 ORDER denying #6 Motion for reconsideration. Signed by Judge Elizabeth A. Kovachevich on 2/13/2008. (JM)
February 12, 2008 Filing 6 MOTION for reconsideration re #2 Order by Raymond H. Pierson, III. (Romano, John)
February 4, 2008 Filing 5 INTERVENOR'S COMPLAINT in Intervention filed by Joanne R. Werntz.(Odom, Gene)
February 4, 2008 Filing 4 MOTION to intervene and memorandum in support by Joanne R. Werntz. (Odom, Gene) Motions referred to Magistrate Judge Mark A. Pizzo.
February 1, 2008 Filing 3 AMENDED COMPLAINT against all defendants with Jury Demand filed by Raymond H. Pierson, III.(Romano, John)
January 29, 2008 Opinion or Order Filing 2 ORDER re #1 Complaint filed by Raymond H. Pierson, III, dismissing Complaint without prejudice and with leave to file an Amended Complaint within twenty days. Signed by Judge Elizabeth A. Kovachevich on 1/29/2008. (JM)
January 25, 2008 Filing 1 COMPLAINT against all defendants ; Jury Demand (Filing fee $ 350 receipt number T044707) filed by Raymond H. Pierson, III. (Attachments: #1 Verification)(CDA)

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Search for this case: Pierson v. Orlando Regional Healthcare Systems, Inc. et al
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Not yet classified: SunTrust Bank
Represented By: John A. Barry
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Defendant: N. Donald Diebel
Represented By: Thomas A. Zehnder
Represented By: Frederick S. Wermuth
Represented By: David B. King
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Defendant: Florida Health Department
Represented By: Sabrina E. Redd
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Defendant: Steven Appleblatt
Represented By: Thomas A. Zehnder
Represented By: Frederick S. Wermuth
Represented By: David B. King
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Defendant: Erik Lieberman
Represented By: Thomas A. Zehnder
Represented By: Chad K. Alvaro
Represented By: W. Scott Gabrielson
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Defendant: Musculoskeletal Institute, Chartered
Represented By: Mark E. McLaughlin
Represented By: Thomas A. Zehnder
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Defendant: Region IV of the Department of Health and Human Services
Represented By: Jennifer Waugh Corinis
Represented By: Warren A. Zimmerman
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Defendant: Rory Evans
Represented By: Thomas A. Zehnder
Represented By: Frederick S. Wermuth
Represented By: David B. King
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Defendant: Roger Murbach
Represented By: Thomas A. Zehnder
Represented By: Frederick S. Wermuth
Represented By: David B. King
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Defendant: Gregory A. Rief
Represented By: Thomas A. Zehnder
Represented By: Chad K. Alvaro
Represented By: W. Scott Gabrielson
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Defendant: J. David Moser
Represented By: Thomas A. Zehnder
Represented By: Frederick S. Wermuth
Represented By: David B. King
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Defendant: Roy W. Sanders
Represented By: Mark E. McLaughlin
Represented By: Thomas A. Zehnder
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Defendant: Florida Board of Medicine
Represented By: Sabrina E. Redd
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Defendant: C. Gordon Wolfram
Represented By: Thomas A. Zehnder
Represented By: Chad K. Alvaro
Represented By: W. Scott Gabrielson
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Defendant: John Hillenmeyer
Represented By: Thomas A. Zehnder
Represented By: Chad K. Alvaro
Represented By: W. Scott Gabrielson
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Defendant: National Practitioner Data Bank
Represented By: Jennifer Waugh Corinis
Represented By: Warren A. Zimmerman
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Defendant: Phillip G. Spiegel
Represented By: Thomas A. Zehnder
Represented By: Chad K. Alvaro
Represented By: W. Scott Gabrielson
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Defendant: State of Florida
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Defendant: J. Dean Cole
Represented By: Thomas A. Zehnder
Represented By: Frederick S. Wermuth
Represented By: David B. King
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Defendant: USA
Represented By: Jennifer Waugh Corinis
Represented By: Warren A. Zimmerman
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Defendant: Thomas Csencsitz
Represented By: Thomas A. Zehnder
Represented By: Frederick S. Wermuth
Represented By: Chad K. Alvaro
Represented By: W. Scott Gabrielson
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Defendant: Wolverine Anesthesia Consultants M.D, P.A.
Represented By: Thomas A. Zehnder
Represented By: Frederick S. Wermuth
Represented By: David B. King
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Defendant: Orlando Health
Represented By: Chad K. Alvaro
Represented By: David M. Landis
Represented By: Thomas A. Zehnder
Represented By: W. Scott Gabrielson
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Defendant: William Bott
Represented By: Thomas A. Zehnder
Represented By: Frederick S. Wermuth
Represented By: David B. King
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Defendant: Hedrick J. Rivero
Represented By: Thomas A. Zehnder
Represented By: Frederick S. Wermuth
Represented By: David B. King
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Defendant: Linda G.T. Parks
Represented By: Thomas A. Zehnder
Represented By: Chad K. Alvaro
Represented By: W. Scott Gabrielson
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Defendant: Michael O. Leavitt
Represented By: Jennifer Waugh Corinis
Represented By: Warren A. Zimmerman
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Defendant: Orlando Regional Healthcare Systems, Inc.
Represented By: Thomas A. Zehnder
Represented By: Chad K. Alvaro
Represented By: W. Scott Gabrielson
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Defendant: Frank Bone
Represented By: Thomas A. Zehnder
Represented By: Frederick S. Wermuth
Represented By: David B. King
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Defendant: Manuel J. Galceran
Represented By: Thomas A. Zehnder
Represented By: Frederick S. Wermuth
Represented By: David B. King
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Intervenor plaintiff: Joanne R. Werntz
Represented By: Richard Douglas Sierra
Represented By: Raymond John Rotella
Represented By: John Fletcher Romano
Represented By: Gene Odom
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Plaintiff: Raymond H. Pierson, III
Represented By: Karin M. Zaner
Represented By: Michael A. Logan
Represented By: Jennifer S. Brownell
Represented By: Bruce S. Rogow
Represented By: John Fletcher Romano
Represented By: Neal Kumar Katyal
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