Allstate Indemnity Company et al v. Florida Rehab & Injury Centers Longwood, Inc. et al
Allstate Property and Casualty Insurance Company, Allstate Insurance Company, Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company and Allstate Vehicle And Property Insurance Company |
Cesar Nabong Abiera, Jr., Julie Beth Hemphill, William Blain Drawdy, Florida Medical and Rehab Consultants, Inc., Robin Lyn Mingorance, Florida Rehab & Injury Centers Longwood, Inc., D.R. Billing & Transcription, Inc., James Antonio Bianchi and WBD, Inc. |
6:2015cv01740 |
October 15, 2015 |
US District Court for the Middle District of Florida |
Orlando Office |
XX US, Outside State |
Gregory J Kelly |
Carlos E Mendoza |
Insurance |
28 U.S.C. § 1332 |
Plaintiff |
Docket Report
This docket was last retrieved on August 16, 2016. A more recent docket listing may be available from PACER.
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Filing 69 ORDER directing the Clerk of Court to close this case - re #68 Notice of voluntary dismissal filed by Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Vehicle And Property Insurance Company, Allstate Property and Casualty Insurance Company, Allstate Insurance Company. Signed by Judge Carlos E. Mendoza on 8/16/2016. (DJD) |
Filing 68 NOTICE of voluntary dismissal by Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Property and Casualty Insurance Company, Allstate Vehicle And Property Insurance Company (Denbo, Tammy-Mary) |
Set deadlines: Amended complaint due by 8/16/2016 (CLB) |
Filing 67 ORDER granting in part defendant Julie Beth Hemphill's #43 motion to dismiss; Denying as moot defendants Florida Rehab & Injury Centers Longwood, Inc., Cesar Nabong Abiera, Jr., James Antonio Bianchi, Robin Lyn Mingorance, and D.R. Billing & Transcription, Inc.'s #49 motion to dismiss; Granting in part defendants Florida Rehab & Injury Centers Longwood, Inc., Cesar Nabong Abiera, Jr., James Antonio Bianchi, Robin Lyn Mingorance, and D.R. Billing & Transcription, Inc.'s #65 motion to dismiss. Plaintiffs' Complaint (Doc. 1) is DISMISSED without prejudice. Plaintiffs may file an amended pleading as set forth herein on or before August 16, 2016. Signed by Judge Carlos E. Mendoza on 7/26/2016. (DJD) |
Filing 66 RESPONSE in Opposition re #65 Amended MOTION to Dismiss Complaint and Supporting Memorandum of Legal Authorities filed by Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Property and Casualty Insurance Company, Allstate Vehicle And Property Insurance Company. (Varslavane-Callahan, Inguna) Modified on 5/6/2016 (JET). |
Filing 65 Amended MOTION to Dismiss Complaint and Supporting Memorandum of Legal Authorities by Cesar Nabong Abiera, Jr, James Antonio Bianchi, D.R. Billing & Transcription, Inc., Florida Rehab & Injury Centers Longwood, Inc., Robin Lyn Mingorance. (Amends #49 Motion to Dismiss) (Goldsmith, Steven) Modified on 4/19/2016 (MAL). Modified on 5/6/2016 (JET). (This is an Amended Motion, not a Motion to Amend.) |
Filing 64 ENDORSED ORDER granting #63 Defendants' Motion for Leave to Amend Defendants' Motion to Dismiss. Defendants shall file their Amended Motion to Dismiss as a separate docket entry on or before April 21, 2016. Signed by Judge Carlos E. Mendoza on 4/14/2016. (MDS) |
Filing 63 MOTION for leave to file Defendant's Amended Motion to Dismiss Complaint by Cesar Nabong Abiera, Jr, James Antonio Bianchi, D.R. Billing & Transcription, Inc., Florida Rehab & Injury Centers Longwood, Inc., Robin Lyn Mingorance. (Attachments: #1 Exhibit)(Goldsmith, Steven) |
Filing 62 MEDIATION report Hearing held on 4-1-16. Hearing outcome: ADJOURNED WITH CONTINUING NEGOTIATIONS.. (Fraxedas, J.) |
Filing 61 ORDER on Plaintiff's notice of voluntary dismissal with prejudice #60 - Denying as moot #46 Motion to Dismiss for Failure to State a Claim. The Clerk is directed to terminate William Blain Drawdy and Florida Medical and Rehab Consultants, Inc. as Defendants in this matter and amend the case style accordingly. Signed by Judge Carlos E. Mendoza on 3/30/2016. (DJD) |
Filing 60 NOTICE of Voluntary Dismissal with Prejudice with regard to William Blain Drawdy and Florida Medical And Rehab Consultants, Inc. f/k/a WBD, Inc. only by Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Property and Casualty Insurance Company, Allstate Vehicle And Property Insurance Company (Denbo, Tammy-Mary) Modified on 3/30/2016 (MAL). |
Filing 59 ORDER to strike re: #58 Notice of unavailability filed by D.R. Billing & Transcription, Inc., Cesar Nabong Abiera, Jr., James Antonio Bianchi, Florida Rehab & Injury Centers Longwood, Inc., Robin Lyn Mingorance. Signed by Judge Carlos E. Mendoza on 3/16/2016. (MDS) |
Filing 58 STRICKEN per #59 Order - NOTICE of unavailability of counsel by Cesar Nabong Abiera, Jr, James Antonio Bianchi, D.R. Billing & Transcription, Inc., Florida Rehab & Injury Centers Longwood, Inc., Robin Lyn Mingorance from March 15, 2016 to March 22, 2016. (Goldsmith, Steven) Modified on 3/17/2016 (MAL). |
Filing 57 ENDORSED ORDER denying #56 Defendants' Unopposed Motion for Enlargement of Time to Respond to Plaintiffs' Responses to Defendants' Discovery. There is no deadline at issue and discovery is open until March 6, 2017. Signed by Magistrate Judge Gregory J. Kelly on 2/29/2016. (PAB) |
Filing 56 Unopposed MOTION for Extension of Time up to and including 3/21/16 to Respond to Plaintiffs' Responses to Defendant's Discovery by Cesar Nabong Abiera, Jr, James Antonio Bianchi, D.R. Billing & Transcription, Inc., Florida Rehab & Injury Centers Longwood, Inc., Robin Lyn Mingorance. (Goldsmith, Steven) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 2/29/2016 (LMM). |
Filing 55 NOTICE of Constitutional Challenge to Section 627.736(5)(h) Florida Statutes by Julie Beth Hemphill re #43 MOTION to Dismiss Counts I, II and III of Complaint (Attachments: #1 Exhibit A - Motion to Dismiss)(Sivick, Krista) Modified on 2/10/2016 (MAL). |
Filing 54 RESPONSE in Opposition re #49 MOTION to Dismiss Complaint and Supporting Memorandum of Legal Authorities filed by Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Property and Casualty Insurance Company, Allstate Vehicle And Property Insurance Company. (Varslavane-Callahan, Inguna) Modified on 2/2/2016 (LMM). |
Filing 53 RESPONSE in Opposition re #46 MOTION to dismiss for failure to state a claim filed by Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Property and Casualty Insurance Company, Allstate Vehicle And Property Insurance Company. (Varslavane-Callahan, Inguna) |
Filing 52 RESPONSE in Opposition re #43 MOTION to Dismiss Counts I, II and III of Complaint by Defendant Hemphill, filed by Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Property and Casualty Insurance Company, Allstate Vehicle And Property Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Varslavane-Callahan, Inguna) |
Filing 51 NOTICE of mediation conference/hearing to be held on April 1, 2016 at 9:00 a.m. before Joaquin Fraxedas. (Denbo, Tammy-Mary) |
Filing 50 NOTICE of Appearance by Inguna Varslavane-Callahan on behalf of Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Property and Casualty Insurance Company, Allstate Vehicle And Property Insurance Company (Varslavane-Callahan, Inguna) |
Filing 49 MOTION to Dismiss Complaint and Supporting Memorandum of Legal Authorities by Cesar Nabong Abiera, Jr, James Antonio Bianchi, D.R. Billing & Transcription, Inc., Florida Rehab & Injury Centers Longwood, Inc., Robin Lyn Mingorance. (Goldsmith, Steven) |
Filing 48 ENDORSED ORDER granting #47 Defendants' Agreed Motion for Leave to File Motion to Dismiss. For the reasons set forth in the motion and pursuant to Fed. R. Civ. P. 6(b), the moving Defendants may file, as a separate docket entry, the proposed [47-1] Motion to Dismiss on or before January 15, 2016. Signed by Judge Carlos E. Mendoza on 1/13/2016. (MDS) |
Filing 47 Unopposed MOTION for leave to file Motion to Dismiss and Supporting Memorandum of Legal Authorities one day late by Cesar Nabong Abiera, Jr, James Antonio Bianchi, D.R. Billing & Transcription, Inc., Florida Rehab & Injury Centers Longwood, Inc., Robin Lyn Mingorance. (Attachments: #1 Exhibit Defendant's Motion to Dismiss)(Goldsmith, Steven) Modified on 1/13/2016 (LMM). |
Filing 46 MOTION to dismiss for failure to state a claim by William Blain Drawdy, Florida Medical and Rehab Consultants, Inc.. (Simoes, Kimberly) |
Filing 45 CASE REFERRED to Mediation. (LMM) |
Filing 44 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 3/7/2016, Joinder of Parties due by 3/7/2016, Discovery due by 3/6/2017, Dispositive motions due by 4/17/2017, Pretrial statement due by 9/15/2017, All other motions due by 8/1/2017, Plaintiff disclosure of expert report due by 12/12/2016, Defendant disclosure of expert report due by 1/9/2017, Trial Status Conference set for 9/21/2017 at 10:00 AM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza, Jury Trial set for the trial term commencing 10/2/2017 in Orlando Courtroom 5 B before Judge Carlos E. Mendoza. Conduct mediation hearing by 4/15/2016. Lead counsel to coordinate dates. Signed by Judge Carlos E. Mendoza on 1/7/2016. (DJD) |
Filing 43 MOTION to Dismiss Counts I, II and III of Complaint by Julie Beth Hemphill. (Attachments: #1 Exhibit A, #2 Exhibit B)(Vitale, Michael) |
Filing 42 NOTICE of Appearance by Krista A. Sivick on behalf of Julie Beth Hemphill (Sivick, Krista) |
Filing 41 ENDORSED ORDER granting #40 Unopposed motion to file certificate of interested persons and corporate disclosure statement out-of-time. Signed by Magistrate Judge Gregory J. Kelly on 1/5/2016. (PAB) |
Filing 40 Unopposed MOTION for leave to file Motion to File Certificate of Interested Persons and Corporate Disclosure Statement Out-of-Time by Cesar Nabong Abiera, Jr, James Antonio Bianchi, D.R. Billing & Transcription, Inc., Florida Rehab & Injury Centers Longwood, Inc., Robin Lyn Mingorance. (Attachments: #1 Exhibit)(Goldsmith, Steven) |
Filing 39 ORDER granting #38 motion to appear pro hac vice. Signed by Magistrate Judge Gregory J. Kelly on 12/23/2015. (PAB) |
Filing 38 MOTION for S. Derek Bauer to appear pro hac vice by Julie Beth Hemphill. (Vitale, Michael) Motions referred to Magistrate Judge Gregory J. Kelly. |
***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney S. Derek Bauer, appearing on behalf of Julie Beth Hemphill (Filing fee $150 receipt number ORL-49654.) Related document: #38 MOTION for S. Derek Bauer to appear pro hac vice. (SWT) |
Filing 37 CASE MANAGEMENT REPORT. (Denbo, Tammy-Mary) |
Filing 36 ORDER to strike - re: #32 Notice of unavailability filed by D.R. Billing & Transcription, Inc., Cesar Nabong Abiera, Jr., James Antonio Bianchi, Florida Rehab & Injury Centers Longwood, Inc., Robin Lyn Mingorance. Signed by Judge Carlos E. Mendoza on 12/17/2015. (DJD) |
Filing 35 ENDORSED ORDER granting #33 Second Motion for Extension of Time to File Response to Complaint. Responses due by 1/11/2016. Absent truly exceptional circumstances, no further extensions of time will be permitted. Signed by Magistrate Judge Gregory J. Kelly on 12/17/2015. (PAB) |
Filing 34 ORDER to strike re: #32 Notice of unavailability filed by D.R. Billing & Transcription, Inc., Cesar Nabong Abiera, Jr., James Antonio Bianchi, Florida Rehab & Injury Centers Longwood, Inc., Robin Lyn Mingorance. Signed by Magistrate Judge Gregory J. Kelly on 12/17/2015. (PAB) |
Filing 33 Second Unopposed MOTION for Extension of Time to 1/11/16 to File Response/Reply as to #1 Complaint by Cesar Nabong Abiera, Jr, James Antonio Bianchi, D.R. Billing & Transcription, Inc., Florida Rehab & Injury Centers Longwood, Inc., Robin Lyn Mingorance. (Goldsmith, Steven) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 12/17/2015 (LMM). |
Filing 32 **STRICKEN PER #34, #36 ORDER** NOTICE of unavailability of counsel by Cesar Nabong Abiera, Jr, James Antonio Bianchi, D.R. Billing & Transcription, Inc., Florida Rehab & Injury Centers Longwood, Inc., Robin Lyn Mingorance from 12/21/2015 to 1/3/2016. (Goldsmith, Steven) Modified on 12/18/2015 (LMM). Modified on 12/18/2015 (LMM). |
Filing 31 ENDORSED ORDER granting #27 Defendants' Second Unopposed Motion for Extension of Time to Plead or Otherwise Respond to Complaint. Defendants shall file a response to the complaint on or before January 9, 2016. Absent exceptional circumstances, no further extensions of time will be permitted. Signed by Magistrate Judge Gregory J. Kelly on 12/14/2015. (PAB) |
Filing 30 ENDORSED ORDER granting #29 Motion for Extension of Time to Answer or respond. Julie Beth Hemphill answer or response due 1/6/2016. Absent exceptional circumstances, no further extensions of time will be permitted. Signed by Magistrate Judge Gregory J. Kelly on 12/14/2015. (PAB) |
Filing 29 Second Unopposed MOTION for Extension of Time to 1/6/16 to File Answer re #1 Complaint or to otherwise respond to Complaint by Julie Beth Hemphill. (Vitale, Michael) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 12/11/2015 (LMM). |
Filing 28 CERTIFICATE of interested persons and corporate disclosure statement re #11 Interested persons order by Julie Beth Hemphill. (Vitale, Michael) |
Filing 27 Second Unopposed MOTION for Extension of Time to 1/9/15 to File Answer or Otherwise Respond to the Complaint by William Blain Drawdy, Florida Medical and Rehab Consultants, Inc. (Simoes, Kimberly) Modified on 12/11/2015 (LMM). |
Filing 26 NOTICE of Appearance by Michael S. Vitale on behalf of Julie Beth Hemphill (Vitale, Michael) |
Filing 25 ENDORSED ORDER granting #21 Motion for Extension of Time to Answer or respond. William Blain Drawdy answer or response due 12/10/2015; Florida Medical and Rehab Consultants, Inc. answer or response due 12/10/2015. Signed by Magistrate Judge Gregory J. Kelly on 12/2/2015. (PAB) |
Filing 24 ENDORSED ORDER granting #19 Motion for Extension of Time to Answer or respond. Cesar Nabong Abiera, Jr answer or response due 12/18/2015; James Antonio Bianchi answer or response due 12/18/2015; D.R. Billing & Transcription, Inc. answer or response due 12/18/2015; Florida Rehab & Injury Centers Longwood, Inc. answer or response due 12/18/2015; Robin Lyn Mingorance answer or response due 12/18/2015. Signed by Magistrate Judge Gregory J. Kelly on 12/2/2015. (PAB) |
Filing 23 NOTICE of pendency of related cases re #10 Related case order and track 2 notice per Local Rule 1.04(d) by William Blain Drawdy, Florida Medical and Rehab Consultants, Inc.. Related case(s): NO (Simoes, Kimberly) |
Filing 22 CERTIFICATE of interested persons and corporate disclosure statement re #11 Interested persons order by William Blain Drawdy, Florida Medical and Rehab Consultants, Inc.. (Simoes, Kimberly) |
Filing 21 Unopposed MOTION for Extension of Time (until 12/10/15) to File Answer re #1 Complaint by William Blain Drawdy, Florida Medical and Rehab Consultants, Inc. (Simoes, Kimberly) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 11/27/2015 (SWT). |
Filing 20 NOTICE of Appearance by Kimberly P. Simoes on behalf of William Blain Drawdy, Florida Medical and Rehab Consultants, Inc. (Simoes, Kimberly) |
Filing 19 Unopposed MOTION for Extension of Time (until 12/18/15) to File answer to #1 Complaint by Cesar Nabong Abiera, Jr, James Antonio Bianchi, D.R. Billing & Transcription, Inc., Florida Rehab & Injury Centers Longwood, Inc., Robin Lyn Mingorance. (Goldsmith, Steven) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 11/27/2015 (SWT). |
Filing 18 ENDORSED ORDER granting #17 Unopposed Motion for Extension of Time to File Response to Complaint. Response due by 12/17/2015. Signed by Magistrate Judge Gregory J. Kelly on 11/18/2015. (PAB) |
Filing 17 MOTION for Extension of Time to 12/17/15 File Response to Plaintiff's complaint by Julie Beth Hemphill. (Hemphill, Robert) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 11/18/2015 (LMM). |
Filing 16 RULE 7.1 CORPORATE Disclosure Statement by Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Property and Casualty Insurance Company, Allstate Vehicle And Property Insurance Company. (Denbo, Tammy-Mary) Modified on 11/17/2015 (LMM). |
Filing 15 NOTICE of pendency of related cases re #10 Related case order and track 2 notice per Local Rule 1.04(d) by Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Property and Casualty Insurance Company, Allstate Vehicle And Property Insurance Company. Related case(s): y (Denbo, Tammy-Mary) |
Filing 14 CERTIFICATE of interested persons and corporate disclosure statement re #11 Interested persons order by Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Property and Casualty Insurance Company, Allstate Vehicle And Property Insurance Company. (Denbo, Tammy-Mary) |
Filing 13 NOTICE of Appearance by Chad Andrew Barr on behalf of William Blain Drawdy, Florida Medical and Rehab Consultants, Inc. (Barr, Chad) |
Filing 12 Joint NOTICE of Appearance by Steven M. Goldsmith, Robert O. Saunooke on behalf of Cesar Nabong Abiera, Jr, James Antonio Bianchi, D.R. Billing & Transcription, Inc., Florida Rehab & Injury Centers Longwood, Inc., Robin Lyn Mingorance (Goldsmith, Steven) Modified on 11/10/2015 (LMM). |
Filing 11 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 11/16/2015. Signed by Judge Carlos E. Mendoza on 11/2/2015. CTP(DJD) |
Filing 10 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 11/16/2015. Signed by Judge Carlos E. Mendoza on 11/2/2015. CTP(DJD) |
Filing 9 SUMMONS issued as to D.R. Billing & Transcription, Inc. (EJS) |
Filing 8 SUMMONS issued as to Robin Lyn Mingorance. (EJS) |
Filing 7 SUMMONS issued as to Florida Medical and Rehab Consultants, Inc. (EJS) |
Filing 6 SUMMONS issued as to William Blain Drawdy. (EJS) |
Filing 5 SUMMONS issued as to James Antonio Bianchi. (EJS) |
Filing 4 SUMMONS issued as to Julie Beth Hemphill. (EJS) |
Filing 3 SUMMONS issued as to Cesar Nabong Abiera, Jr. (EJS) |
Filing 2 SUMMONS issued as to Florida Rehab & Injury Centers Longwood, Inc. (EJS) |
Filing 1 COMPLAINT against Cesar Nabong Abiera, Jr., James Antonio Bianchi, D.R. Billing & Transcription, Inc., William Blain Drawdy, Florida Medical and Rehab Consultants, Inc., Florida Rehab & Injury Centers Longwood, Inc., Julie Beth Hemphill, Robin Lyn Mingorance with Jury Demand (Filing Fee $400 Receipt Number ORL48004) filed by Allstate Vehicle And Property Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Fire and Casualty Insurance Company, Allstate Property and Casualty Insurance Company. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(EJS) |
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