Central Florida Sterilization, LLC et al v. Synergy Health AST, LLC
Plaintiff: Wes Mathis, Central Florida Sterilization, LLC and Jack W. Mathis
Defendant: Synergy Health AST, LLC
Case Number: 6:2015cv02120
Filed: December 18, 2015
Court: US District Court for the Middle District of Florida
Office: Orlando Office
County: Orange
Presiding Judge: Gregory A Presnell
Referring Judge: T B Smith
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 7, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 7, 2018 Filing 75 JUDGMENT that the Defendant, Synergy Health AST, LLC, recover from the Plaintiff, Central Florida Sterilization, LLC, fees in the amount of $15,086.00 and costs in the amount of $91.86, for a total of $15,177.86. (Signed by Deputy Clerk) (MAA)
March 6, 2018 Opinion or Order Filing 74 ORDER granting #71 Motion for Attorney Fees. The Clerk is directed to enter judgment in favor of Synergy Health AST, LLC, and against Central Florida Sterilization, LLC in the amount of $15,086.00 in fees and $91.86 in costs for a total of $15,177.86. Signed by Judge Gregory A. Presnell on 3/6/2018. (TKW)
February 20, 2018 Opinion or Order Filing 73 ORDER re #71 MOTION to tax Appellant with fee and costs on appeal filed by Synergy Health AST, LLC that if Plaintiff wishes to oppose this Motion, it must file its written response by March 2, 2018. Signed by Judge Gregory A. Presnell on 2/20/2018. (TKW)
February 13, 2018 Filing 72 AFFIDAVIT of Michael S. Vitale in support of #71 MOTION to tax Appellant with fee and costs on appeal by Synergy Health AST, LLC. (LMM)
February 13, 2018 Filing 71 MOTION to tax Appellant with fee and costs on appeal by Synergy Health AST, LLC. (LMM)
February 5, 2018 Opinion or Order Filing 70 ORDER of USCA as to #57 Notice of appeal filed by Central Florida Sterilization, LLC. USCA number: 17-14114. The Court GRANTS Appellee's motion to transfer its motion for appellate attorney's fees and costs to the District Court for its consideration of the issues of entitlement and the reasonable amount of attomey's fees and costs, if any, to be awarded. (LMM)
January 19, 2018 Opinion or Order Filing 69 ORDER denying #67 Motion to Remand to State Court. Signed by Judge Gregory A. Presnell on 1/19/2018. (ED)
December 18, 2017 Filing 68 MEMORANDUM in opposition re #67 Motion to Remand to State Court filed by Synergy Health AST, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Vitale, Michael)
December 4, 2017 Filing 67 First MOTION to remand to State Court by Wes Mathis. (Attachments: #1 Exhibit Ex A-Jurisdictional Question Letter, #2 Exhibit Ex B-Synergy Corporate Filing, #3 Exhibit Ex C-Synergy Amended Corporate Filing)(Gervase, Donald)
December 4, 2017 Filing 66 MANDATE of USCA as to #57 Notice of appeal filed by Central Florida Sterilization, LLC. Issued as Mandate: 11/30/2017. USCA number: 17-14114-E. DISMISSED for want of prosecution. (JEV)
October 6, 2017 Filing 65 AMENDED JUDGMENT. Fees awarded to Defendant, Synergy Health AST,LLC against Plaintiff, Central Florida Sterilization,LLC (Signed by Deputy Clerk) (RMF)
October 5, 2017 Opinion or Order Filing 64 ORDER adopting #62 REPORT AND RECOMMENDATION, granting in part #52 MOTION for Taxation of Costs and Attorneys Fees filed by Synergy Health AST, LLC. The Clerk is directed to enter an amended judgment as described in the order. Signed by Judge Gregory A. Presnell on 10/5/2017. Copies mailed. (LAM)
October 5, 2017 Opinion or Order Filing 63 ORDER adopting #61 REPORT AND RECOMMENDATIONS, denying #59 First MOTION for leave to appeal in forma pauperis/affidavit of indigency filed filed by Central Florida Sterilization, LLC. Signed by Judge Gregory A. Presnell on 10/5/2017. Copies mailed. (LAM)
September 20, 2017 Filing 62 REPORT AND RECOMMENDATIONS re #52 MOTION for Taxation of Costs and Attorneys Fees filed by Synergy Health AST,LLC. Signed by Magistrate Judge Thomas B. Smith on 9/20/2017. (KWH)
September 20, 2017 Filing 61 REPORT AND RECOMMENDATIONS re #59 First MOTION for leave to appeal in forma pauperis/affidavit of indigency filed filed by Central Florida Sterilization, LLC. Signed by Magistrate Judge Thomas B. Smith on 9/20/2017. (Smith, Thomas)
September 19, 2017 Filing 60 MEMORANDUM in opposition re #59 Motion for leave to appeal in forma pauperis/affidavit of indigency filed by Synergy Health AST, LLC. (Vitale, Michael)
September 14, 2017 Filing 59 First MOTION for leave to appeal in forma pauperis/affidavit of indigency filed by Central Florida Sterilization, LLC. (Attachments: #1 Affidavit Indigen Status Application)(Gervase, Donald) Motions referred to Magistrate Judge Thomas B. Smith.
September 14, 2017 Filing 58 TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #57 Notice of appeal. (JEV)
September 13, 2017 Filing 57 NOTICE OF APPEAL as to #50 Judgment, #49 Order on motion for summary judgment by Central Florida Sterilization, LLC. Filing fee not paid. (Attachments: #1 Supplement App for Indigent Status)(Gervase, Donald) (ATTORNEY TO REFILE ATTACHMENT AS A MOTION) Modified on 9/14/2017 (JEV).
August 17, 2017 Filing 56 RESPONSE in Opposition re #52 MOTION for Taxation of Costs and Attorneys Fees filed by Central Florida Sterilization, LLC. (Gervase, Donald)
August 16, 2017 Opinion or Order Filing 55 ORDER denying #51 Motion for Reconsideration. Signed by Judge Gregory A. Presnell on 8/16/2017. (ED)
August 15, 2017 Filing 54 MEMORANDUM in opposition re #51 Motion for Reconsideration filed by Synergy Health AST, LLC. (Vitale, Michael)
August 4, 2017 Filing 53 PROPOSED BILL OF COSTS by Synergy Health AST, LLC. (Vitale, Michael)
August 4, 2017 Filing 52 MOTION for Taxation of Costs and Attorneys Fees by Synergy Health AST, LLC. (Attachments: #1 Exhibit Asset Purchase Agreement, #2 Exhibit Declaration of Vitale, #3 Exhibit Declaration of Stovash)(Vitale, Michael) Motions referred to Magistrate Judge Thomas B. Smith.
August 3, 2017 Filing 51 First MOTION for Reconsideration re #49 Order on motion for summary judgment by Central Florida Sterilization, LLC. (Gervase, Donald)
July 21, 2017 Filing 50 JUDGMENT in favor of Synergy Health AST, LLC against Central Florida Sterilization, LLC (Signed by Deputy Clerk) (JP)
July 20, 2017 Opinion or Order Filing 49 ORDER granting #39 Motion for summary judgment, directing Clerk to close file. Signed by Judge Gregory A. Presnell on 7/20/2017. (ED)
June 29, 2017 reset deadline: Pretrial statement due by 7/27/2017 (RMF)
June 29, 2017 Opinion or Order Filing 48 ENDORSED ORDER granting #47 Motion for Extension of Time to File. Signed by Judge Gregory A. Presnell on 6/29/2017. (Presnell, Gregory)
June 28, 2017 Filing 47 Joint MOTION for Extension of Time to July 27, 2017 to File Joint Final Pretrial Statement by Synergy Health AST, LLC. (Vitale, Michael) Modified on 6/29/2017 (RMF).
May 18, 2017 Filing 46 REPLY to Response (Memorandum in Opposition #45) to Motion re #39 MOTION for summary judgment filed by Synergy Health AST, LLC. (Attachments: #1 Affidavit Declaration of J. Larry Gabele)(Vitale, Michael) Modified on 5/19/2017 (RMF).
May 4, 2017 Filing 45 MEMORANDUM in opposition re #39 Motion for summary judgment filed by Central Florida Sterilization, LLC. (Attachments: #1 Exhibit Exhibit List, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J, #12 Exhibit Exhibit K, #13 Exhibit Exhibit L, #14 Exhibit Exhibit M, #15 Exhibit Exhibit N, #16 Exhibit Exhibit O, #17 Exhibit Exhibit P, #18 Supplement Declaration of Wes Mathis)(Gervase, Donald)
May 1, 2017 Filing 44 MEDIATION report Hearing held on 3/7/17. Hearing outcome: Impasse. (JP)
April 27, 2017 Filing 43 STATUS report Regarding Mediation by Synergy Health AST, LLC. (Vitale, Michael)
April 25, 2017 Opinion or Order Filing 42 ORDER directing compliance with Order #16 regarding the status of mediation. Response due by 5/9/2017. Signed by Judge Gregory A. Presnell on 4/25/2017. Copies mailed. (LAM)
April 4, 2017 Set deadlines as to #39 MOTION for summary judgment . Responsive memorandum and any materials in opposition to the motion due by 5/5/2017 (RMF)
April 4, 2017 Opinion or Order Filing 41 MILBURN ORDER re #39 MOTION for summary judgment filed by Synergy Health AST, LLC. Plaintiff will be allowed until May 5, 2017, to file a responsive memorandum. Defendant may file a reply brief, not exceeding ten (10) pages, within fourteen (14) days after the response is served. The parties shall electronically file all exhibits in support of their papers. The parties will be advised if paper copies of any or all exhibits will be required. The Court prefers transcripts in full-page format. Signed by Judge Gregory A. Presnell on 4/4/2017. Copies mailed. (LAM)
April 3, 2017 Filing 40 NOTICE by Synergy Health AST, LLC re #39 MOTION for summary judgment (Notice of Filing Deposition Transcripts) (Attachments: #1 Exhibit Deposition of John Larry Gabele, #2 Exhibit Deposition of Glenn Thibault, #3 Exhibit Deposition of Jack W. Mathis)(Vitale, Michael)
April 3, 2017 Filing 39 MOTION for summary judgment by Synergy Health AST, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Affidavit Declaration of Marc Garofani, #4 Affidavit Declaration of Thomas J. Stephan)(Vitale, Michael)
September 27, 2016 Opinion or Order Filing 38 ORDER granting #36 Motion to Withdraw as Attorney. Signed by Magistrate Judge Gregory J. Kelly on 9/27/2016. (PAB)
September 23, 2016 Filing 37 NOTICE of Appearance by Robert Sowell on behalf of Synergy Health AST, LLC (Sowell, Robert)
September 22, 2016 Filing 36 Unopposed MOTION for Parker G. Jordan to withdraw as attorney by Synergy Health AST, LLC. (Vitale, Michael) Motions referred to Magistrate Judge Thomas B. Smith.
August 4, 2016 Opinion or Order Filing 35 ORDER striking discovery filed at docket entry 34. Signed by Magistrate Judge Thomas B. Smith on 8/4/2016. (Smith, Thomas)
August 3, 2016 Filing 34 (STRICKEN BY #35 ORDER) NOTICE by Central Florida Sterilization, LLC First Request for Production (Gervase, Donald) Modified on 8/4/2016 (RDO).
July 14, 2016 Filing 33 ANSWER and affirmative defenses to #27 Amended Complaint (Fourth) by Synergy Health AST, LLC.(Vitale, Michael)
June 27, 2016 Opinion or Order Filing 32 ORDER denying #29 Defendant's Motion to Dismiss. Signed by Judge Gregory A. Presnell on 6/27/2016. (SN)
June 6, 2016 Filing 31 MEMORANDUM/MOTION in opposition re #29 Motion to dismiss Fourth Amended Complaint filed by Central Florida Sterilization, LLC. (Gervase, Donald) Text modified on 6/7/2016 (RDO).
May 23, 2016 Opinion or Order Filing 30 ORDER denying #26 Motion for Reconsideration. Signed by Judge Gregory A. Presnell on 5/23/2016. (ED)
May 23, 2016 Filing 29 MOTION to Dismiss Fourth Amended Complaint and Incorporated Memorandum of Law by Synergy Health AST, LLC. (Vitale, Michael)
May 16, 2016 Filing 28 MEMORANDUM in opposition re #26 Motion for Reconsideration filed by Synergy Health AST, LLC. (Vitale, Michael)
May 6, 2016 Filing 27 FOURTH AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Central Florida Sterilization, LLC.(Gervase, Donald) Text modified on 5/9/2016 (RDO).
April 29, 2016 Filing 26 First MOTION for Reconsideration re #25 Order by Central Florida Sterilization, LLC. (Gervase, Donald) Modified on 5/2/2016 (RDO).
April 19, 2016 Opinion or Order Filing 25 ORDER granting in part and denying in part #23 Defendant's Motion to Dismiss for Failure to State a Claim. Count II is DISMISSED with prejudice. Count I is DISMISSED as to the breach of contract claim involving provision 2(c)(iii)(A) with leave to amend. Wes Mathis is DISMISSED as a party with prejudice. Signed by Judge Gregory A. Presnell on 4/19/2016. (SN)
March 28, 2016 Filing 24 RESPONSE/MOTION in Opposition re #23 MOTION to dismiss for failure to state a claim Plaintiffs' Amended Complaint filed by Central Florida Sterilization, LLC, Wes Mathis. (Gervase, Donald) Text modified on 3/29/2016 (RDO).
March 14, 2016 Filing 23 MOTION to dismiss #22 Amended Complaint with prejudice and incorporated memorandum of law by Synergy Health AST, LLC. (Vitale, Michael) Modified on 3/16/2016 (RDO).
February 25, 2016 Filing 22 AMENDED COMPLAINT against Synergy Health AST, LLC, with Jury Demand, filed by All Plaintiffs.(Gervase, Donald) Modified on 2/26/2016 (JET).
February 11, 2016 Opinion or Order Filing 21 ORDER re #20 Order on Motion to Dismiss for Failure to State a Claim, STRIKING #19 Amended Complaint filed by Central Florida Sterilization, LLC and directing Plaintiff to comply with Order at Doc. #20. Signed by Judge Gregory A. Presnell on 2/11/2016. (TKW)
February 10, 2016 Opinion or Order Filing 20 ORDER granting #14 Defendant's Motion to Dismiss Count II and III for Failure to State a Claim. Count II is dismissed with prejudice. Count III is dismissed with leave to amend. Plaintiff shall have 20 days to amend such claim to cure the pleading deficiencies. Signed by Judge Gregory A. Presnell on 2/10/2016. (SN) (RDO).
February 9, 2016 Filing 19 (STRICKEN BY #21 ORDER) AMENDED COMPLAINT against Synergy Health AST, LLC with Jury Demand. filed by Central Florida Sterilization, LLC.(Gervase, Donald) Modified on 2/12/2016 (RDO).
February 2, 2016 Filing 18 RESPONSE in Opposition re #14 MOTION to dismiss for failure to state a claim Counts II and III of the Complaint filed by Central Florida Sterilization, LLC. (Gervase, Donald) Modified on 2/2/2016 (IGC).
January 25, 2016 Filing 17 CASE REFERRED to Mediation. Set scheduling order deadlines: Amended Pleadings due by 4/15/2016, Joinder of Parties due by 4/15/2016, Discovery due by 3/1/2017, Dispositive motions due by 4/3/2017, Pretrial statement due by 7/14/2017, All other motions due by 7/28/2017, Final Pretrial Conference set for 8/10/2017 at 01:30 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell, Jury Trial Term Commencing on 9/5/2017 at 09:15 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. Conduct mediation hearing by 4/3/2017. Mediator Appointed: Richard Joyce. Lead counsel, Donald Gervase to coordinate dates. Defendant disclosure of expert report due by 2/1/2017, Plaintiff disclosure of expert report due by 1/3/2017. (IGC)
January 25, 2016 Opinion or Order Filing 16 CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Gregory A. Presnell on 1/25/2016. (TKW)
January 21, 2016 Filing 15 CASE MANAGEMENT REPORT. (Vitale, Michael)
January 19, 2016 Filing 14 MOTION to dismiss for failure to state a claim Counts II and III of the Complaint by Synergy Health AST, LLC. (Jordan, Parker) Modified on 1/20/2016 (IGC).
December 23, 2015 Filing 13 CERTIFICATE of interested persons and corporate disclosure statement by Central Florida Sterilization, LLC. (Gervase, Donald)
December 23, 2015 Filing 12 NOTICE of pendency of related cases per Local Rule 1.04(d) by Central Florida Sterilization, LLC. Related case(s): no (Gervase, Donald)
December 22, 2015 Filing 11 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by Synergy Health AST, LLC. Related case(s): n (Vitale, Michael) (Previously filed at #9.) Modified on 12/22/2015 (JET).
December 22, 2015 Filing 10 CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested persons order by Synergy Health AST, LLC identifying Corporate Parent Synergy Health US Holdings Ltd., Corporate Parent Synergy Health US Holdings, Inc., Corporate Parent Synergy Health Holdings, Ltd., Corporate Parent Synergy Health Ltd., Corporate Parent STERIS plc, Other Affiliate Masssaro (Victory Road) LP for Synergy Health AST, LLC.. (Jordan, Parker)
December 22, 2015 Filing 9 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by Synergy Health AST, LLC. Related case(s): No (Vitale, Michael)
December 21, 2015 Opinion or Order Filing 8 ORDER granting #7 Motion for Extension of Time to File Response/Reply Responses to complaint due by 1/19/2016. Signed by Magistrate Judge Thomas B. Smith on 12/21/2015. (Smith, Thomas)
December 21, 2015 Filing 7 Consent MOTION for Extension of Time until 1/18/16 to File Answer as to #2 Complaint by Synergy Health AST, LLC. (Jordan, Parker) Motions referred to Magistrate Judge Thomas B. Smith. Modified on 12/22/2015 (JET).
December 21, 2015 Filing 6 NOTICE of Appearance by Parker Garrison Jordan on behalf of Synergy Health AST, LLC (Jordan, Parker)
December 21, 2015 Opinion or Order Filing 5 INTERESTED PERSONS ORDER. Certificate of interested persons and corporate disclosure statement due by 1/4/2016. Signed by Judge Gregory A. Presnell on 12/21/2015. Copies mailed.(LAM)
December 21, 2015 Opinion or Order Filing 4 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 1/4/2016. Signed by Judge Gregory A. Presnell on 12/21/2015. Copies mailed.(LAM)
December 18, 2015 Filing 3 WAIVER of service returned executed on 11/19/15 by Central Florida Sterilization, LLC as to Synergy Health AST, LLC. (Originally filed in State Court on 11/20/15) (SWT)
December 18, 2015 Filing 2 COMPLAINT against Synergy Health AST, LLC with Jury Demand filed by Central Florida Sterilization, LLC. (Originally filed in State Court on 11/6/15) (Attachments: #1 Exhibits, #2 Civil Cover Sheet)(SWT) (Additional attachment(s) added on 12/21/2015: #3 Main Document) (SWT).
December 18, 2015 Filing 1 NOTICE OF REMOVAL from Ninth Judicial Circuit in and for Orange County, case number 2015-ca-10325-o filed in State Court on 11/6/15. Filing fee $ 400, receipt number ORL-49604 filed by Synergy Health AST, LLC. (Attachments: #1 Composite Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Civil Cover Sheet)(SWT)

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Plaintiff: Wes Mathis
Represented By: Donald T. Gervase, Jr.
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Plaintiff: Central Florida Sterilization, LLC
Represented By: Donald T. Gervase, Jr.
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Plaintiff: Jack W. Mathis
Represented By: Donald T. Gervase, Jr.
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Defendant: Synergy Health AST, LLC
Represented By: Robert Sowell
Represented By: Michael S. Vitale
Represented By: Parker Garrison Jordan
Represented By: Denis L. Durkin
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