Larweth v. Magellan Health, Inc.
Plaintiff: James P. Larweth
Defendant: Magellan Health, Inc.
Case Number: 6:2018cv00823
Filed: May 25, 2018
Court: US District Court for the Middle District of Florida
Office: Orlando Office
County: Orange
Presiding Judge: Daniel C Irick
Referring Judge: Carlos E Mendoza
2 Judge: G Kendall Sharp
Nature of Suit: Assault Libel & Slander
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 20, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 20, 2021 Filing 316 REGISTRY MONIES received by James P. Larweth in the amount of $ $3,305.18; Receipt # ORL097802. (TNP)
April 6, 2021 Filing 315 NOTICE of intent to request redaction by Todd Mensing re #307 Transcript,, (Mensing, Todd)
April 2, 2021 Opinion or Order Filing 314 ORDER granting 313 JOINT ORE TENUS MOTION for Miscellaneous Relief, specifically for the Court to Retain Jurisdiction Over the Parties' Confidential Settlement Agreement. On or before Tuesday, July 6, 2021, the parties shall file a joint stipulation of dismissal or status report with the Court. All other pending motions are DENIED as moot. The Clerk is directed to administratively close this case. Signed by Judge Carlos E. Mendoza on 4/2/2021. (MEH) ctp
March 31, 2021 Opinion or Order Filing 310 ENDORSED ORDER granting #309 Joint Motion to Seal. The parties may file the settlement agreement under seal as permitted by the district judge. Signed by Magistrate Judge Daniel C. Irick on 3/31/2021. (Irick, Daniel)
March 31, 2021 Filing 309 Joint MOTION to Seal by James P. Larweth. (Wood, David) Motions referred to Magistrate Judge Daniel C. Irick.
March 31, 2021 Sealed Document (S-312). (MEJ)
March 31, 2021 Sealed Document S-311. (ALL)
March 30, 2021 Filing 308 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: Suzanne L. Trimble. (SLT)
March 30, 2021 Filing 307 REDACTED TRANSCRIPT of Hearing Re: Settlement held on 3/29/21 before Judge Carlos E. Mendoza. Court Reporter Suzanne L. Trimble, trimblecourtreporter@gmail.com. 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 4/20/2021, Redacted Transcript Deadline set for 4/30/2021, Release of Transcript Restriction set for 6/28/2021. (SLT)
March 30, 2021 Opinion or Order Filing 306 ORDER- Plaintiff James P. Larweth is assessed jury costs in the amount of $3,305.18. Plaintiff shall deposit these funds into the Court Registry on or before April 30, 2021. A check shall be made payable to the Clerk, U.S. District Court. Signed by Judge Carlos E. Mendoza on 3/30/2021. (MEH) ctp
March 29, 2021 Filing 313 JOINT ORE TENUS MOTION for Miscellaneous Relief, specifically for the Court to Retain Jurisdiction Over the Parties Confidential Settlement Agreement. (MEH)
March 29, 2021 Opinion or Order Filing 305 ENDORSED ORDER granting 304 Motion to Seal Exhibits at Doc. #284 by Magellan Health, Inc. Signed by Judge Carlos E. Mendoza on 3/29/2021. (MEH) ctp
March 29, 2021 Filing 304 ORE TENUS MOTION to Seal Exhibits at Doc. #284 by Magellan Health, Inc. (MEH)
March 29, 2021 Filing 303 Minute Entry. In Person Proceedings held before Judge Carlos E. Mendoza: MISCELLANEOUS HEARING held on 3/29/2021. Court Reporter: Suzanne L. Trimble (MEH) ctp
March 27, 2021 Filing 302 NOTICE by Magellan Health, Inc. of Filing Revised Description of the Case and Instruction Regarding Burden of Proof (Attachments: #1 Exhibit 1 - Revised Description of the Case and Instruction Regarding Burden of Proof)(Ackerbaum Cox, Joyce)
March 27, 2021 Filing 301 Defendant's AMENDED Exhibit List by James P. Larweth. Amendment to #194 Pretrial statement specifically the Plaintiff's Objections to (Mensing, Todd) Modified text on 3/29/2021 (ARJ).
March 27, 2021 Filing 300 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: Suzanne L. Trimble. (SLT)
March 27, 2021 Filing 299 TRANSCRIPT of Telephone Conference held on 3/26/21 before Judge Carlos E. Mendoza. Court Reporter Suzanne L. Trimble, trimblecourtreporter@gmail.com. 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 4/19/2021, Redacted Transcript Deadline set for 4/27/2021, Release of Transcript Restriction set for 6/25/2021. (SLT)
March 26, 2021 Filing 298 Proposed Jury Instructions by James P. Larweth. (Mensing, Todd)
March 26, 2021 Filing 297 NOTICE by James P. Larweth of Filing Demonstratives (Mensing, Todd)
March 26, 2021 Filing 296 MOTION for Miscellaneous Relief, specifically to Utilize Demonstrative Exhibits 348 and 349 During Opening Statement by Magellan Health, Inc.. (Attachments: #1 Exhibit 1 - Demonstrative Exhibit 348, #2 Exhibit 2 - Demonstrative Exhibit 349)(Ackerbaum Cox, Joyce)
March 26, 2021 Opinion or Order Filing 295 ORDER granting in part and denying in part #271 Motion to Allow Electronic Equipment; granting in part and denying in part #273 Motion to Allow Electronic Equipment. Signed by Judge Carlos E. Mendoza on 3/26/2021. (KMS)
March 26, 2021 Filing 294 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: Suzanne L. Trimble. (SLT)
March 26, 2021 Filing 293 TRANSCRIPT of Final Pretrial Conference held on 3/25/21 before Judge Carlos E. Mendoza. Court Reporter Suzanne L. Trimble, trimblecourtreporter@gmail.com. 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 4/16/2021, Redacted Transcript Deadline set for 4/26/2021, Release of Transcript Restriction set for 6/24/2021. (SLT)
March 26, 2021 Opinion or Order Filing 292 ENDORSED ORDER directing Plaintiff's counsel to provide all of Plaintiff's demonstrative exhibits and/or visual aids to Defendant's counsel on or before March 26, 2021, at 8:00 PM. Failure to do so will result in Plaintiff being prohibited from using those exhibits at trial. This Order does not apply to demonstrative exhibits and/or visual aids to be used during closing arguments. Signed by Judge Carlos E. Mendoza on 3/26/2021. (KMS)
March 26, 2021 Opinion or Order Filing 291 ENDORSED ORDER granting 283 Ore Tenus Motion for Reconsideration. Subject to contemporaneous objections, evidence regarding the prior CDMI litigation and the $12 million bonus upon sale will not be excluded. Signed by Judge Carlos E. Mendoza on 3/26/2021. (KMS)
March 26, 2021 Opinion or Order Filing 290 ENENDORSED ORDER granting in part #275 Motion to Amend. For the reasons stated on the record at the March 26, 2021 Hearing, Plaintiff will be permitted to amend his objections to Defendant's Exhibits to include the objections provided to Defendant on August 6, 2020. Signed by Judge Carlos E. Mendoza on 3/26/2021. (KMS)
March 26, 2021 Filing 289 Minute Entry. Telephonic Proceedings held before Judge Carlos E. Mendoza: TELEPHONE CONFERENCE held on 3/26/2021. Court Reporter: Suzanne L. Trimble (MEH) ctp
March 26, 2021 Opinion or Order Filing 288 ENDORSED ORDER denying as moot #192 Joint Motion for Extension of Time. Signed by Judge Carlos E. Mendoza on 3/26/2021. (KMS)
March 26, 2021 Opinion or Order Filing 287 ENDORSED ORDER granting in part and denying in part #163 Motion in Limine; denying as moot #176 Motion in Limine; granting in part and denying in part #237 Amended Motion in Limine; granting in part and denying in part #269 Motion for Limited Modification of All Other Motions Deadline and Motion to Compel; and granting in part and deferring ruling in part #275 Motion to Amend Pretrial Statement for the reasons stated on the record at the March 25, 2021 Final Pretrial Conference. Signed by Judge Carlos E. Mendoza on 3/26/2021. (KMS)
March 25, 2021 Filing 286 Proposed Jury Instructions by James P. Larweth. (Mensing, Todd)
March 25, 2021 Filing 285 NOTICE re 234 Jury Trial set for Monday March 29, 2021 at 8:30 AM. Jury Selection will take place in Courtroom 3A on March 29, 2021 at 8:30 a.m. before Judge Carlos E. Mendoza. (MEH) ctp
March 25, 2021 Filing 284 PLAINTIFF'S EXHIBIT LIST (FINAL PRETRIAL CONFERENCE) (MEH) (Additional attachment(s) added on 3/29/2021: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (MEH).
March 25, 2021 Filing 283 ORE TENUS MOTION for Reconsideration on Plaintiff's Second Amended Motion in Limine (Doc. 237) as to the CDMI Litigation and the $12 Million bonus upon sale by Magellan Health, Inc. (MEH)
March 25, 2021 Filing 282 ORE TENUS MOTION for Reconsideration re Court's ruling on Doc. #237 and #248 by James P. Larweth. (MEH)
March 25, 2021 Filing 281 Minute Entry. In Person Proceedings held before Judge Carlos E. Mendoza: FINAL PRETRIAL CONFERENCE held on 3/25/2021. Court Reporter: Suzanne L. Trimble (MEH) ctp (MEH).
March 25, 2021 Filing 280 NOTICE OF HEARING: Telephone Conference set for 3/26/2021 at 2:30 PM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. The parties shall call 866-434-5269 five minutes before the hearing is scheduled to begin. Access Code: 4420602. Security Code: 032621. (MEH) ctp
March 25, 2021 Filing 279 NOTICE of Appearance by Erin Michelle Sales on behalf of Magellan Health, Inc. (Sales, Erin)
March 24, 2021 Filing 278 RESPONSE in Opposition re #275 First MOTION to Amend #194 Pretrial statement filed by Magellan Health, Inc.. (Ackerbaum Cox, Joyce)
March 24, 2021 Filing 277 RESPONSE re #272 Objection filed by Magellan Health, Inc.. (Ackerbaum Cox, Joyce)
March 23, 2021 Filing 276 RESPONSE in Opposition re #269 MOTION for Limited Modification of All Other Motions Deadline and MOTION to Compel Defendant to Comply with Scheduling Order Section VII.A. and Make Its Witnesses Available for Plaintiff's Case filed by Magellan Health, Inc.. (Attachments: #1 Exhibit 1 - Notices of Taking Deposition)(Ackerbaum Cox, Joyce)
March 22, 2021 Filing 275 First MOTION to Amend #194 Pretrial statement by James P. Larweth. (Attachments: #1 Exhibit A, #2 Exhibit B)(Mensing, Todd) Modified text on 3/23/2021 (TNP).
March 22, 2021 Opinion or Order Filing 274 ENDORSED ORDER granting in part #268 Motion to Withdraw. Attorneys Jonathan Edgar Pollard and Christopher S. Prater are terminated as counsel in this case. To the extent the Motion seeks leave to allow a law firm to withdraw, it is denied as the Court recognizes appearances by lawyers not law firms. Signed by Magistrate Judge Daniel C. Irick on 3/22/2021. (Irick, Daniel)
March 19, 2021 Filing 273 Unopposed MOTION to Allow Electronic Equipment, specifically Electronic by James P. Larweth. (Mensing, Todd) Motions referred to Magistrate Judge Daniel C. Irick.
March 19, 2021 Filing 272 OBJECTION re #260 Order on Motion to Compel . (Attachments: #1 Exhibit)(Mensing, Todd)
March 19, 2021 Filing 271 Unopposed MOTION to Allow Electronic Equipment, specifically three laptops, one monitor, three cellular phones and one remote Wi-Fi "hotspot" device by Magellan Health, Inc.. (Ackerbaum Cox, Joyce) Motions referred to Magistrate Judge Daniel C. Irick.
March 17, 2021 Set deadlines as to #269 MOTION for Limited Modification of All Other Motions Deadline and MOTION to Compel Defendant to Comply with Scheduling Order Section VII.A. and Make Its Witnesses Available for Plaintiff's Case. Response due by 3/23/2021 (TNP)
March 17, 2021 Opinion or Order Filing 270 ENDORSED ORDER directing Magellan Health, Inc. that it may respond in writing to Larweth's #269 Motion on or before March 23, 2021. The Court will otherwise address the Motion at the March 25, 2021 Final Pretrial Conference. Signed by Judge Carlos E. Mendoza on 3/17/2021. (KMS)
March 16, 2021 Filing 269 MOTION for Limited Modification of All Other Motions Deadline, and MOTION to Compel Defendant to Comply with Scheduling Order Section VII.A. and Make Its Witnesses Available for Plaintiff's Case by James P. Larweth. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Mensing, Todd) Modified text on 3/17/2021 (ARJ).
March 15, 2021 Filing 268 Unopposed MOTION for Pollard PLLC and the associated attorneys, Jonathan E. Pollard, Esq. and Christopher S. Prater, Esq., to Withdraw as Attorney by James P. Larweth. (Prater, Christopher) Motions referred to Magistrate Judge Daniel C. Irick. Text modified on 3/16/2021 (RDO).
March 12, 2021 Filing 267 NOTICE of Appearance by Monica Marie McNulty Kovecses on behalf of James P. Larweth (McNulty Kovecses, Monica)
March 12, 2021 Filing 266 NOTICE of Appearance by David Storrs Wood on behalf of James P. Larweth (Wood, David)
March 11, 2021 Opinion or Order Filing 265 ENDORSED ORDER granting #263 Motion to Appear Pro Hac Vice; granting #264 Motion to Appear Pro Hac Vice. Samantha Brantley and Alexander R. Hernandez are granted special admission to practice in the Middle District for purposes of this action pursuant to Local Rule 2.01(c), provided counsel shall register for and use the electronic filing system as adopted by the Court. Signed by Magistrate Judge Daniel C. Irick on 3/11/2021. (Irick, Daniel)
March 10, 2021 Filing 264 Unopposed MOTION for Alexander R. Hernandez to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17985122 for $150 by James P. Larweth. (Prater, Christopher) Motions referred to Magistrate Judge Daniel C. Irick.
March 10, 2021 Filing 263 Unopposed MOTION for Samantha Brantley to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17985071 for $150 by James P. Larweth. (Prater, Christopher) Motions referred to Magistrate Judge Daniel C. Irick.
March 5, 2021 Opinion or Order Filing 262 ENDORSED ORDER denying as moot #258 Motion for Leave to File Document Under Seal. The Court has already ruled on the underlying #248 motion. Signed by Magistrate Judge Daniel C. Irick on 3/5/2021. (Irick, Daniel)
March 5, 2021 Filing 261 Minute Entry. Telephonic Proceedings held before Judge Carlos E. Mendoza: TELEPHONE CONFERENCE held on 3/5/2021. Court Reporter: Heather Suarez (MEH) ctp
March 5, 2021 Opinion or Order Filing 260 ORDER denying #248 James P. Larweth's Time Sensitive Motion to Exclude Magellan Health, Inc.'s Evidence of Lost Profits, or, in the Alternative, Continue the Trial Date and Compel a Corporate Representative Deposition Regarding Lost Profits. See Order. Signed by Magistrate Judge Daniel C. Irick on 3/5/2021. (RN)
March 4, 2021 Filing 259 MEMORANDUM in support re #258 Motion for Leave to File Trial Exhibit NO. 352 Under Seal filed by James P. Larweth. (Mensing, Todd) Modified text on 3/5/2021 (ARJ).
March 4, 2021 Filing 258 Unopposed MOTION for Leave to File Trial Exhibit NO. 352 Under Seal by James P. Larweth. (Mensing, Todd) Modified text on 3/5/2021 (ARJ).
March 4, 2021 Filing 257 REPLY to Response to Motion re #248 Time Sensitive MOTION to Exclude Magellan Health, Inc.'s Evidence of Lost Profits, or, in the Alternative, Continue the Trial Date and Compel a Corporate Representative Deposition Regarding Lost Profits filed by James P. Larweth. (Attachments: #1 Exhibit 1)(Mensing, Todd)
March 4, 2021 Opinion or Order Filing 256 ENDORSED ORDER granting #253 Motion for Leave to File Reply; terminating #254 Supplement Under Rule 3.01(g), which was improperly filed as a motion to amend (a party may file such a supplement as a notice). Plaintiff may file a four-page reply in support of its #248 Motion to Exclude by 4:00 p.m. on 3/4/2021. Signed by Magistrate Judge Daniel C. Irick on 3/4/2021. (Irick, Daniel)
March 4, 2021 Filing 255 NOTICE OF HEARING: Telephone Conference set for 3/5/2021 at 10:00 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. The parties shall call 866-434-5269 five minutes before the hearing is scheduled to begin. Access Code: 4420602. Security Code: 030521. (MEH) ctp
March 3, 2021 Filing 254 MOTION to Supplement re #253 MOTION for Leave to File Reply in Support re #248 Time Sensitive MOTION to Exclude Magellan Health, Inc.'s Evidence of Lost Profits by James P. Larweth. (Mensing, Todd) Modified text on 3/4/2021 (ARJ).
March 3, 2021 Filing 253 MOTION for Leave to File Reply in Support re #248 Time Sensitive MOTION to Exclude Magellan Health, Inc.'s Evidence of Lost Profits by James P. Larweth. (Mensing, Todd) Modified text on 3/4/2021 (ARJ).
March 3, 2021 Filing 252 NOTICE of Appearance by Kevin W. Shaughnessy on behalf of Magellan Health, Inc. (Shaughnessy, Kevin)
March 2, 2021 Filing 251 RESPONSE in Opposition re #248 Time Sensitive MOTION to Exclude Magellan Health, Inc.'s Evidence of Lost Profits, or, in the Alternative, Continue the Trial Date and Compel a Corporate Representative Deposition Regarding Lost Profits filed by Magellan Health, Inc.. (Ackerbaum Cox, Joyce)
February 26, 2021 Opinion or Order Filing 250 ENDORSED ORDER granting #247 unopposed Motion for Order Dissolving or Canceling Preliminary Injunction Bond. The #150 Preliminary Injunction Bond is DISSOLVED. Signed by Judge Carlos E. Mendoza on 2/26/2021. (KMS)
February 23, 2021 Set deadlines as to #248 Time Sensitive MOTION to Exclude Magellan Health, Inc.'s Evidence of Lost Profits, or, in the Alternative, Continue the Trial Date and Compel a Corporate Representative Deposition Regarding Lost Profits. Response due by 3/2/2021 (TNP)
February 23, 2021 Opinion or Order Filing 249 ENDORSED ORDER directing Magellan Health, Inc. to file an expedited response to#248 Time Sensitive Motion to Exclude Magellan Health, Inc.'s Evidence of Lost Profits, or, in the Alternative, Continue the Trial Date and Compel a Corporate Representative Deposition Regarding Lost Profits. Response due by 3/2/2021. Signed by Magistrate Judge Daniel C. Irick on 2/23/2021. (Irick, Daniel)
February 22, 2021 Filing 248 Time Sensitive MOTION to Exclude Magellan Health, Inc.'s Evidence of Lost Profits, or, in the Alternative, Continue the Trial Date and Compel a Corporate Representative Deposition Regarding Lost Profits by James P. Larweth. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Mensing, Todd) Motions referred to Magistrate Judge Daniel C. Irick. Modified text on 2/23/2021 (TNP).
February 5, 2021 Filing 247 Unopposed MOTION for Order Dissolving or Canceling Preliminary Injunction Bond by Magellan Health, Inc. (Ackerbaum Cox, Joyce) Modified text on 2/8/2021 (TNP).
February 2, 2021 Filing 246 MANDATE of USCA as to #155 Notice of Appeal filed by James P. Larweth. Issued as Mandate: 2/2/2021. USCA number: 19-13247. AFFIRMED. (TNP)
January 25, 2021 Filing 245 RESPONSE in Opposition re #237 Amended MOTION In Limine filed by Magellan Health, Inc.. (Attachments: #1 Exhibit A - 3-31-14 and 4-1-14 E-mails)(Ackerbaum Cox, Joyce)
January 25, 2021 Filing 244 NOTICE of Filing Amended Objections to Trial Exhibits on Amended Exhibit List by Magellan Health, Inc. re #238 Exhibit List (Attachments: #1 Amended Objections)(Ackerbaum Cox, Joyce) Modified text on 1/26/2021 (ARJ).
January 22, 2021 Opinion or Order Filing 243 ORDER granting #241 Motion to Appear Pro Hac Vice; granting #242 Motion to Appear Pro Hac Vice. See Order. Signed by Magistrate Judge Daniel C. Irick on 1/22/2021. (RN)
January 21, 2021 Filing 242 Unopposed MOTION for Joseph Ahmad to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17793274 for $150 by James P. Larweth. (Attachments: #1 Exhibit A - Special Admission Attorney Certification - Joseph Ahmad)(Prater, Christopher) Motions referred to Magistrate Judge Daniel C. Irick.
January 21, 2021 Filing 241 Unopposed MOTION for Jane Robinson to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17793173 for $150 by James P. Larweth. (Attachments: #1 Exhibit A - Special Admission Attorney Certification - Jane Robinson)(Prater, Christopher) Motions referred to Magistrate Judge Daniel C. Irick.
January 11, 2021 Filing 240 Amended Exhibit List by Magellan Health, Inc.. (Ackerbaum Cox, Joyce) Modified text on 1/12/2021 (ARJ).
January 11, 2021 Filing 239 AMENDED Objections and Counter-Designations to Defendant's Deposition Designations re #194 Joint Pretrial Statement by James P. Larweth (Mensing, Todd) Modified text on 1/12/2021 (ARJ).
January 11, 2021 Filing 238 Amended Exhibit List by James P. Larweth. (Mensing, Todd) Modified text on 1/12/2021 (ARJ).
January 11, 2021 Filing 237 Second Amended MOTION In Limine by James P. Larweth. (Mensing, Todd) Modified text on 1/12/2021 (ARJ).
January 11, 2021 Opinion or Order Filing 236 ORDER denying #188 Motion for Permanent Injunction. Signed by Judge Carlos E. Mendoza on 1/11/2021. (MEH) ctp
January 4, 2021 Filing 235 OPINION of USCA as to #155 Notice of Appeal filed by James P. Larweth. EOD: 01/04/2021; Mandate to issue at a later date. USCA number: 19-13247. AFFIRMED. (ALL)
December 10, 2020 Filing 234 NOTICE OF RESCHEDULING HEARING: The Jury Trial hearing previously scheduled for 01/04/2021 is rescheduled. New scheduling date and time: Date certain Jury Trial set for 3/29/2021 at 8:30 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. (MEH) ctp
December 10, 2020 Filing 233 NOTICE OF HEARING: In-Person Final Pretrial Conference set for 3/25/2021 at 9:30 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. (MEH) ctp
December 10, 2020 Opinion or Order Filing 232 ORDER granting in part and denying in part #207 Motion to Amend; granting #214 Motion to Amend; denying #217 Motion for Leave to File Document; denying #218 Motion for Leave to File ; granting #226 Motion to Request for Pretrial Conference.; granting #227 Motion to Continue Trial. See order for details. Signed by Judge Carlos E. Mendoza on 12/10/2020. (MEH) ctp
December 9, 2020 Opinion or Order Filing 231 ENDORSED ORDER granting #211 Motion to Strike. The inadvertently filed 209 Reply brief is STRICKEN. The Clerk is directed to remove it from the docket. Signed by Judge Carlos E. Mendoza on 12/9/2020. (KMS)
December 7, 2020 Filing 230 Minute Entry. Proceedings held before Judge Carlos E. Mendoza: TELEPHONIC STATUS CONFERENCE held on 12/7/2020. Court Reporter: Nikki L. Peters (MEH) ctp
December 4, 2020 Filing 229 RESPONSE in Opposition re #227 MOTION to Continue January 2021 Jury Trial in Light of Continuing COVID-19 Pandemic . filed by James P. Larweth. (Attachments: #1 Exhibit 1-New York Executive Order 205.2, #2 Exhibit 2-State of Rhode Island Department of Health, #3 Exhibit 3-Meet and Confer Email, #4 Exhibit 4-PDF of Airbnb.com Search)(Mensing, Todd) Modified exhibit text on 12/7/2020 (ARJ).
December 4, 2020 Filing 228 NOTICE OF RESCHEDULING HEARING: The Telephonic Status Conference hearing previously scheduled for 12/17/2020 is rescheduled. New scheduling date and time: Status Conference set for 12/7/2020 at 3:30 PM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. The parties shall call 866-434-5269 five minutes before the hearing is scheduled to begin. Access Code: 4420602. Security Code: 120720. (MEH) ctp
December 3, 2020 Filing 227 MOTION to Continue January 2021 Jury Trial in Light of Continuing COVID-19 Pandemic by Magellan Health, Inc.. (Ackerbaum Cox, Joyce)
December 2, 2020 Filing 226 Unopposed MOTION to Request for Pretrial Conference. by James P. Larweth. (Mensing, Todd) Modified text on 12/3/2020 (ARJ).
October 20, 2020 Filing 225 Minute Entry. Proceedings held before Judge Carlos E. Mendoza: TELEPHONE CONFERENCE held on 10/20/2020. Court Reporter: Suzanne L. Trimble (MEH) ctp
October 20, 2020 Filing 224 NOTICE OF HEARING: Telephone Conference set for 10/20/2020 at 02:00 PM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza. The parties shall call 866-434-5269 five minutes before the hearing is scheduled to begin. Access Code: 4420602. Security Code: 102020. (MEH) ctp
September 17, 2020 Filing 223 NOTICE OF HEARING: Telephonic Status Conference set for 12/17/2020 at 9:15 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. The parties shall call 866-434-5269 five minutes before the hearing is scheduled to begin. Access Code: 4420602. Security Code: 121720. (MEH) ctp
September 17, 2020 Filing 222 NOTICE OF RESCHEDULING HEARING: The Jury Trial hearing previously scheduled for 10/05/2020 is rescheduled. New scheduling date and time: Jury Trial set for 1/4/2021 at 8:30 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. (MEH) ctp
September 17, 2020 Filing 221 Minute Entry. Proceedings held before Judge Carlos E. Mendoza: STATUS CONFERENCE held on 9/17/2020. Court Reporter: Suzanne L. Trimble (MEH) ctp
September 16, 2020 Opinion or Order Filing 220 ENDORSED ORDER granting #219 Unopposed Motion for Leave to Appear Remotely. Attorney Pollard shall call (866) 434-5269 five minutes before the status conference is scheduled to begin. Access Code: 4420602. Security Code: 091720. Signed by Judge Carlos E. Mendoza on 9/16/2020. (KMS)
September 15, 2020 Filing 219 Unopposed MOTION for Jonathan Pollard to appear telephonically at Trial Status Conference by James P. Larweth. (Pollard, Jonathan)
September 3, 2020 Filing 218 AMENDED UNOPPOSED MOTION for Leave to File Reply #207 Opposed MOTION to Amend #210 Opposed MOTION for Leave to File a Reply by James P. Larweth. (Mensing, Todd) Modified on 9/4/2020 (edited text; created relationship) (EJS).
September 1, 2020 Filing 217 Unopposed MOTION for Leave to File Reply re #216 RESPONSE in Opposition by Magellan Health, Inc. (Ackerbaum Cox, Joyce) Modified on 9/2/2020 (edited text and created link) (EJS).
August 25, 2020 Filing 216 RESPONSE in Opposition re #214 MOTION to Amend Exhibit List filed by James P. Larweth. (Attachments: #1 Exhibit 1-Defendant's Initial Disclosures, #2 Exhibit 2-Transcript, #3 Exhibit 3-Amended Disclosures, #4 Exhibit 4-Volume II Deposition of James P. Larweth, #5 Exhibit 5-Email re Proposed Amendments, #6 Exhibit 6-Magellan's Redaction Log)(Mensing, Todd) Modified on 8/26/2020 (ARJ).
August 25, 2020 Filing 215 NOTICE by Magellan Health, Inc. of Conflict Regarding October Trial Term (Ackerbaum Cox, Joyce)
August 11, 2020 Filing 214 MOTION to Amend Exhibit List by Magellan Health, Inc.. (Attachments: #1 Exhibit 1 - Amended Exhibit List)(Ackerbaum Cox, Joyce)
August 10, 2020 Filing 213 NOTICE OF RESCHEDULING HEARING: The Trial Status Conference hearing previously scheduled for 08/20/2020 is rescheduled. The Jury Trial previously scheduled to begin on the trial term commencing on 09/01/2020 is rescheduled. New scheduling date and time: In-Person Trial Status Conference set for 9/17/2020 at 10:00 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. Jury Trial set for trial term commencing on 10/5/2020 at 8:30 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. (MEH) ctp
August 10, 2020 Opinion or Order Filing 212 ENDORSED ORDER continuing this case to the October trial term in light of the moratorium on trials until September and the Court's backlog of criminal trials. The trial status conference set for August 20, 2020, is CONTINUED to September 17, 2020, at 10:00 a.m. All other pending pretrial deadlines are CONTINUED for thirty days. Signed by Judge Carlos E. Mendoza on 8/10/2020. (KMS)
August 6, 2020 Filing 211 MOTION to Strike Document 209. by James P. Larweth. (Mensing, Todd)
August 5, 2020 Filing 210 Opposed MOTION for Leave to File a REPLY re #207 Opposed MOTION to Amend #194 Pretrial statement, #176 Amended MOTION in limine regarding Testimony and Evidence Related to: (I) Magellan's Alleged Damages, (II) the CDMI Litigation, (III) the Preliminary Injunction Order, and (IV) P filed by James P. Larweth. (Mensing, Todd) Modified on 8/6/2020 (ARJ).
August 5, 2020 Filing 209 REPLY Brief in Support of Motion for Summary Judgment re #207 Opposed MOTION to Amend #194 Pretrial statement, #176 Amended MOTION in limine regarding Testimony and Evidence Related to: (I) Magellan's Alleged Damages, (II) the CDMI Litigation, (III) the Preliminary Injunction Order, and (IV) P filed by James P. Larweth. (Mensing, Todd) Modified on 8/6/2020 (ARJ).
July 29, 2020 Filing 208 RESPONSE in Opposition re #207 Opposed MOTION to Amend #194 Pretrial statement, #176 Amended MOTION in limine regarding Testimony and Evidence Related to: (I) Magellan's Alleged Damages, (II) the CDMI Litigation, (III) the Preliminary Injunction Order, and (IV) P filed by Magellan Health, Inc.. (Attachments: #1 Exhibit 1 - E-mail Correspondence, dated July 3, 2020, #2 Exhibit 2 - E-mail Correspondence, dated July 3, 2020, #3 Exhibit 3 - E-mail Correspondence, dated July 7, 2020, #4 Exhibit 4 - E-mail Correspondence, dated July 9, 2020, #5 Exhibit 5 - E-mail Correspondence, dated July 9, 2020)(Ackerbaum Cox, Joyce)
July 15, 2020 Filing 207 Opposed MOTION to Amend #194 Pretrial statement, #176 Amended MOTION in limine regarding Testimony and Evidence Related to: (I) Magellan's Alleged Damages, (II) the CDMI Litigation, (III) the Preliminary Injunction Order, and (IV) Polestar Rx, LLC by James P. Larweth. (Mensing, Todd) Modified on 7/16/2020 (SPM).
June 30, 2020 Opinion or Order Filing 206 ORDER granting #204 Motion to Appear Pro Hac Vice; granting #205 Motion to Appear Pro Hac Vice. See Order. Signed by Magistrate Judge Daniel C. Irick on 6/30/2020. (RN)
June 30, 2020 Filing 205 MOTION for Harrison G. Scheer to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17001072 for $150 by James P. Larweth. (Attachments: #1 Exhibit A - Special Admission Attorney Certification - Harrison Scheer)(Prater, Christopher) Motions referred to Magistrate Judge Daniel C. Irick.
June 30, 2020 Filing 204 MOTION for Todd W. Mensing to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17000931 for $150 by James P. Larweth. (Attachments: #1 Exhibit A - Special Admission Attorney Certification - Todd Mensing)(Prater, Christopher) Motions referred to Magistrate Judge Daniel C. Irick.
June 5, 2020 Opinion or Order Filing 203 ENDORSED ORDER continuing this case to the September 2020 trial term and extending all remaining pretrial filing deadlines by sixty days. Signed by Judge Carlos E. Mendoza on 6/5/2020. (KMS)
June 4, 2020 Filing 202 NOTICE OF RESCHEDULING HEARING: The Trial Status Conference hearing previously scheduled for 06/18/2020 is rescheduled. The jury trial for trial term commencing on 07/06/2020 is rescheduled. New scheduling date and time: In-person Trial Status Conference set for 8/20/2020 at 10:00 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. Jury Trial set for trial term commencing on 9/1/2020 at 8:30 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. (MEH) ctp
March 24, 2020 Filing 201 NOTICE of Hearing: Jury Trial set for trial term commencing on 7/6/2020 at 8:30 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. (MEH) ctp
March 24, 2020 Opinion or Order Filing 200 ORDER- The trial set for April 27, 2020, is CANCELLED. This case is CONTINUED to the July 2020 trial term. This case is set for a telephonic status conference on June 18, 2020, at 10:00 a.m., which will be noticed separately. Signed by Judge Carlos E. Mendoza on 3/24/2020. (MEH) ctp
March 24, 2020 Filing 199 NOTICE canceling Telephone Status Conference Hearing scheduled for 04/02/2020. (MEH) ctp
March 20, 2020 Filing 198 NOTICE of TELEPHONIC HEARING: Telephone Status Conference set for 6/18/2020 at 10:00 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. The parties shall call 866-434-5269 five minutes before the hearing is scheduled to begin. Access Code: 4420602. Security Code: 061820.(MEH) ctp
March 20, 2020 Filing 197 NOTICE Canceling Jury Trial Hearing scheduled for 04/27/2020. Telephonic Status Conference set for April 2, 2020 is cancelled. (MEH)
March 19, 2020 Filing 196 Minute Entry. Proceedings held before Judge Carlos E. Mendoza: TELEPHONE CONFERENCE held on 3/19/2020. Court Reporter: Suzanne L. Trimble (MEH) ctp
March 18, 2020 Filing 195 NOTICE of TELEPHONIC HEARING: Telephone Conference set for 3/19/2020 at 11:30 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. The parties shall call 866-434-5269 five minutes before the hearing is scheduled to begin. Access Code: 4420602. Security Code: 031920.(MEH) ctp
February 28, 2020 Filing 194 JOINT PRETRIAL statement by James P. Larweth. (Attachments: #1 Exhibit A - Larweth's Statement of the Case, #2 Exhibit B - Magellan's Statement of the Case, #3 Exhibit C - Larweth's Exhibit List and Magellan's Objections, #4 Exhibit D - Magellan's Exhibit List and Larweth's Objections, #5 Exhibit E - Larweth's Witness List, #6 Exhibit F - Magellan's Witness List, #7 Exhibit G - Larweth's Deposition Designations, #8 Exhibit H - Magellan's Counter Depositions Designations, #9 Exhibit I - Magellan's Deposition Designations, #10 Exhibit J - Larweth's Counter Deposition Designations, #11 Exhibit K - Facts Which Are Admitted, #12 Exhibit L - Issues of Fact Which Remain to Litigated, #13 Exhibit M - Issues of Law Which Remain for Determination, #14 Exhibit N - Proposed Jury Instructions, #15 Exhibit O - Larweth's Proposed Voir Dire, #16 Exhibit P - Magellan's Proposed Voir Dire, #17 Exhibit Q - Larweth's Proposed Verdict Form, #18 Exhibit R - Magellan's Proposed Verdict Form)(Prater, Christopher) Modified on 3/2/2020 (DMA).
February 28, 2020 Filing 193 TRIAL BRIEF by Magellan Health, Inc.. (Ackerbaum Cox, Joyce)
February 27, 2020 Filing 192 Joint MOTION for Extension of Time to File Pretrial Statement by James P. Larweth. (Pollard, Jonathan)
February 12, 2020 Filing 191 RESPONSE in Opposition re #188 Final MOTION for permanent injunction in light of Court's order rendering summary judgment in favor of Magellan filed by James P. Larweth. (Pollard, Jonathan)
January 30, 2020 Opinion or Order Filing 190 ENDORSED ORDER granting #189 Unopposed Motion for Extension of Time to File Response to #188 Motion for Permanent Injunction. Response due by 2/12/2020. Signed by Magistrate Judge Daniel C. Irick on 1/30/2020. (Irick, Daniel)
January 30, 2020 Filing 189 Unopposed MOTION for Extension of Time to File Response/Reply as to #188 Final MOTION for permanent injunction by James P. Larweth. (Prater, Christopher) Motions referred to Magistrate Judge Daniel C. Irick.
January 22, 2020 Filing 188 Final MOTION for permanent injunction by Magellan Health, Inc.. (Ackerbaum Cox, Joyce)
January 22, 2020 Opinion or Order Filing 187 ENDORSED ORDER granting #177 and #180 Unopposed Motions to Strike. Plaintiff's 164 Motion and Defendant's 169 Response are STRICKEN. The Clerk is directed to remove those filings from the docket. Signed by Judge Carlos E. Mendoza on 1/22/2020. (KMS)
December 23, 2019 Opinion or Order Filing 186 ORDER granting in part and denying in part #162 Motion for clarification; setting trial date and pretrial deadlines. Signed by Judge Carlos E. Mendoza on 12/23/2019. (KMS)
December 19, 2019 Filing 185 NOTICE of hearing: Jury Trial set for date certain on 4/27/2020 at 08:30 AM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza. Telephonic Status Conference set for 4/2/2020 at 10:00 AM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza. The parties shall call 888-684-8852 five minutes before the hearing is scheduled to begin. Access Code: 8619612. Security Code: 040220. ( DJD) ctp
December 19, 2019 Filing 184 Minute Entry. Proceedings held before Judge Carlos E. Mendoza: TRIAL STATUS CONFERENCE held on 12/19/2019. Court grants in part and denies in part defendant's Motion for Clarification, separate order to be entered. Court sets trial for date certain to commence on April 27, 2020 at 8:30 a.m. until May 1, 2020. Telephonic status conference to be held at 10:00 a.m. on April 2, 2020. Final pretrial statement is due on February 28, 2020. Counsel for Pltf: Jonathan E. Pollard; Counsel for Deft: Joyce Ackerbaum Cox and Patrick M. Muldowney. Start time: 10:00 a.m; End time: 10:10 a.m. Total time: 10 minutes. Court Reporter: Suzanne L. Trimble (DJD)
December 18, 2019 Opinion or Order Filing 183 ORDER affirming in part and modifying in part #142 Magistrate Order. Signed by Judge Carlos E. Mendoza on 12/18/2019. (KMS)
December 17, 2019 Opinion or Order Filing 182 ORDER granting in part and denying in part #136 Motion for Partial Summary Judgment; Magellan is entitled to summary judgment on Larweth's defamation per se claim insofar as it is based on any statements by Kamal or Taveres.The motion is DENIED in all other respects. Granting in part and denying in part #137 Motion for Partial Summary Judgment; Magellan is entitled to summary judgment on its breach of contract claim as to liability with regard to the non-competition and non-solicitation of customers covenants. Magellan is also entitled to summary judgment on its declaratory judgment claim as to the enforceability of the non-competition and non-solicitation of customers covenants. The motion is DENIED in all other respects. Granting in part and denying in part #138 Motion for Partial Summary Judgment; Larweth is entitled to summary judgment on Magellan's tortious interference and unjust enrichment claims. The motion is DENIED in all other respects. Denying #161 motion to stay pending appeal. Signed by Judge Carlos E. Mendoza on 12/17/2019. (DJD)
December 16, 2019 Filing 181 NOTICE OF RESCHEDULING HEARING: The Trial Status Conference previously scheduled for December 20, 2019 is rescheduled. New scheduling date and time: Pretrial Conference set for 12/19/2019 at 10:00 AM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza. (DJD) ctp
November 21, 2019 Filing 180 Unopposed MOTION to Strike 169 Response in Opposition to Motion by Magellan Health, Inc.. (Muldowney, Patrick)
November 21, 2019 Filing 179 RESPONSE in Opposition re #176 Amended MOTION in limine regarding Testimony and Evidence Related to: (I) Magellan's Alleged Damages, (II) the CDMI Litigation, (III) the Preliminary Injunction Order, and (IV) Polestar Rx, LLC filed by Magellan Health, Inc.. (Ackerbaum Cox, Joyce)
November 18, 2019 Set/reset scheduling order deadlines: Pretrial Conference set for 12/20/2019 at 10:00 AM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza (DMA)
November 16, 2019 Opinion or Order Filing 178 ENDORSED ORDER sua sponte continuing deadlines. This case is CONTINUED to the January 2020 trial term. The remaining pretrial deadlines are CONTINUED for thirty days. The Pretrial Status Conference is RESCHEDULED for Thursday, December 20, 2019, at 10:00 a.m. Signed by Judge Carlos E. Mendoza on 11/16/2019. (KMS)
November 12, 2019 Filing 177 Unopposed MOTION to Strike 164 MOTION in limine regarding Testimony and Evidence Related to: (I) Magellan's Alleged Damages, (II) the CDMI Litigation, (III) the Preliminary Injunction Order, and (IV) Polestar Rx, LLC by James P. Larweth. (Prater, Christopher)
November 12, 2019 Filing 176 Amended MOTION in limine regarding Testimony and Evidence Related to: (I) Magellan's Alleged Damages, (II) the CDMI Litigation, (III) the Preliminary Injunction Order, and (IV) Polestar Rx, LLC by James P. Larweth. (Attachments: #1 Exhibit Comp. Ex. A - MGLN's Initial Disclosures and MGLN's Amended Initial Disclosures)(Pollard, Jonathan)
November 5, 2019 Opinion or Order Filing 175 ORDER denying #166 Renewed Motion. See Order. Signed by Magistrate Judge Daniel C. Irick on 11/5/2019. (RN)
November 4, 2019 Set/reset scheduling order deadlines: Pretrial statement due by 11/27/2019 (DMA)
November 4, 2019 Opinion or Order Filing 174 ENDORSED ORDER sua sponte continuing deadlines. The deadline for the parties to meet in person to prepare the Joint Pretrial Statement is continued to November 20, 2019, and the deadline to file the Joint Pretrial Statement and Trial Briefs is continued to November 27, 2019. Signed by Judge Carlos E. Mendoza on 11/4/2019. (KMS)
October 29, 2019 Opinion or Order Filing 173 ORDER denying without prejudice #171 Motion to Seal and denying without prejudice #172 Motion for Leave to File. Signed by Magistrate Judge Daniel C. Irick on 10/29/2019. (MAA)
October 28, 2019 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Florida certifies that the record is complete for the purposes of this appeal re: #155 Notice of appeal. All documents are imaged and available for the USCA to retrieve electronically. USCA number: 19-13247 (ALL)
October 25, 2019 Filing 172 Unopposed MOTION for leave to file Unredacted Pages Under Seal re 164 MOTION in limine by James P. Larweth. (Prater, Christopher) Modified on 10/28/2019 (DMA).
October 24, 2019 Filing 171 Unopposed MOTION for leave to file Unredacted Pages Under Seal re #162 Motion for Clarification and re 169 Response in Opposition by Magellan Health, Inc.. (Muldowney, Patrick) Modified on 10/25/2019 (DMA).
October 17, 2019 Filing 170 RESPONSE in Opposition re #166 MOTION for miscellaneous relief, specifically Renewed Motion Requesting an Accounting of Contractual Obligations that Larweth Contends are Excepted from the Court's Injunction and Request to Amend the Case Management and Scheduling Order to Conduct Limited Discovery Regarding Same Prior to Trial filed by James P. Larweth. (Prater, Christopher) Modified on 10/18/2019 (MAA).
October 15, 2019 Filing 169 **STRICKEN AND DELETED PER 187 ORDER** RESPONSE in Opposition re 164 MOTION in limine regarding Testimony and Evidence Related to: (I) Magellan's Alleged Damages, (II) the CDMI Litigation, (III) the Preliminary Injunction Order, and (IV) Polestar Rx, LLC filed by Magellan Health, Inc.. (Ackerbaum Cox, Joyce) Modified on 1/23/2020 (DMA).
October 15, 2019 Filing 168 RESPONSE in Opposition re #163 MOTION in limine regarding testimony and other evidence as to: (1) alleged antitrust violations, etc., (2) the CDMI litigation generally, and (3) restrictive covenants governing other current and former Magellan employees filed by James P. Larweth. (Pollard, Jonathan)
October 15, 2019 Filing 167 RESPONSE in Opposition re #162 MOTION for clarification re #145 Order on Motion for Preliminary Injunction filed by James P. Larweth. (Pollard, Jonathan)
October 3, 2019 Filing 166 MOTION for miscellaneous relief, specifically Renewed Motion Requesting an Accounting of Contractual Obligations that Larweth Contends are Excepted from the Court's Injunction and Request to Amend the Case Management and Scheduling Order to Conduct Limited Discovery Regarding Same Prior to Trial by Magellan Health, Inc.. (Ackerbaum Cox, Joyce)
October 3, 2019 Filing 165 RESPONSE in Opposition re #161 MOTION to stay pending appeal and incorporated Memorandum of Law re #145 Order on Motion for Preliminary Injunction filed by Magellan Health, Inc.. (Ackerbaum Cox, Joyce)
October 1, 2019 Filing 164 **STRICKEN AND DELETED PER 187 ORDER** MOTION in limine regarding Testimony and Evidence Related to: (I) Magellan's Alleged Damages, (II) the CDMI Litigation, (III) the Preliminary Injunction Order, and (IV) Polestar Rx, LLC by James P. Larweth. (Attachments: # 1 Exhibit A (Composite) - MGLN's Initial Disclosures and MGLN's Amended Initial Disclosures)(Pollard, Jonathan) Modified on 1/23/2020 (DMA).
October 1, 2019 Filing 163 MOTION in limine regarding testimony and other evidence as to: (1) alleged antitrust violations, etc., (2) the CDMI litigation generally, and (3) restrictive covenants governing other current and former Magellan employees by Magellan Health, Inc.. (Ackerbaum Cox, Joyce)
October 1, 2019 Filing 162 MOTION for clarification re #145 Order on Motion for Preliminary Injunction by Magellan Health, Inc.. (Attachments: #1 Exhibit Composite A)(Ackerbaum Cox, Joyce)
September 19, 2019 Filing 161 MOTION to stay pending appeal and incorporated Memorandum of Law re #145 Order on Motion for Preliminary Injunction by James P. Larweth. (Pollard, Jonathan) Modified on 9/20/2019 (DMA).
September 9, 2019 Opinion or Order Filing 160 ORDER denying without prejudice #157 Motion for miscellaneous relief, specifically Requesting an Accounting of Larweth's Business Dealings as of the Date of the Court's Injunction and Request to Conduct Limited Discovery Regarding Same Prior to Trial. See Order. Signed by Magistrate Judge Daniel C. Irick on 9/9/2019. (RN)
September 6, 2019 Filing 159 TRANSCRIPT information form filed by James P. Larweth re #155 Notice of appeal. USCA number: 19-13247. (Prater, Christopher)
September 5, 2019 Filing 158 RESPONSE in Opposition re #157 MOTION for miscellaneous relief, specifically Requesting an Accounting of Larweth's Business Dealings as of the Date of the Court's Injunction and Request to Conduct Limited Discovery Regarding Same Prior to Trial filed by James P. Larweth. (Prater, Christopher)
August 23, 2019 USCA appeal fees received $ 505 receipt number ORL084980 re #155 Notice of appeal filed by James P. Larweth (RCN)
August 22, 2019 Filing 157 MOTION for miscellaneous relief, specifically Requesting an Accounting of Larweth's Business Dealings as of the Date of the Court's Injunction and Request to Conduct Limited Discovery Regarding Same Prior to Trial by Magellan Health, Inc.. (Ackerbaum Cox, Joyce)
August 22, 2019 Filing 156 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 #155 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. (JP)
August 21, 2019 Filing 155 NOTICE OF APPEAL as to #145 Order on Motion for Preliminary Injunction by James P. Larweth. Filing fee not paid. (Pollard, Jonathan)
August 14, 2019 Filing 154 REPLY to Response to Motion re #138 MOTION for partial summary judgment as to Counts I, II, and IV of Magellan Health, Inc.'s First Amended Counterclaims filed by James P. Larweth. (Pollard, Jonathan)
August 14, 2019 Filing 153 REPLY to Response to Motion re #136 MOTION for partial summary judgment As to Counts II, III, and V of Larweth's Complaint filed by Magellan Health, Inc.. (Ackerbaum Cox, Joyce)
August 14, 2019 Filing 152 REPLY to Response to Motion re #137 MOTION for partial summary judgment As to Counts I and III of its Amended Counterclaim filed by Magellan Health, Inc.. (Ackerbaum Cox, Joyce)
August 8, 2019 Filing 151 RESPONSE re 144 Appeal of magistrate judge ruling to district court, #143 OBJECTION and Request for an Immediate Stay of the Order Pending Resolution of Such Objections re #142 Order on motion to compelOrder on Motion to Quash filed by James P. Larweth. (Prater, Christopher)
August 7, 2019 Filing 150 Preliminary Injunction Bond BOND in the amount of $ 10,000,000 posted by Magellan Health, Inc. (MAA)
August 6, 2019 Opinion or Order Filing 149 ENDORSED ORDER granting in part #143 Objection and Request for Stay. The July 16, 2019 Order is STAYED pending this Court's resolution of the Objections thereto. Signed by Judge Carlos E. Mendoza on 8/6/2019. (KMS)
July 31, 2019 Filing 148 RESPONSE in Opposition re #136 MOTION for partial summary judgment As to Counts II, III, and V of Larweth's Complaint filed by James P. Larweth. (Prater, Christopher)
July 31, 2019 Filing 147 RESPONSE in Opposition re #137 MOTION for partial summary judgment As to Counts I and III of its Amended Counterclaim filed by James P. Larweth. (Attachments: #1 Exhibit A - 5.31.2019 Letter to Court)(Prater, Christopher)
July 31, 2019 Filing 146 RESPONSE in Opposition re #138 MOTION for partial summary judgment as to Counts I, II, and IV of Magellan Health, Inc.'s First Amended Counterclaims filed by Magellan Health, Inc.. (Ackerbaum Cox, Joyce)
July 31, 2019 Opinion or Order Filing 145 ORDER granting #60 Motion for Preliminary Injunction. Signed by Judge Carlos E. Mendoza on 7/31/2019. (DJD)
July 25, 2019 Filing 144 APPEAL of Magistrate Judge ruling to District Court by Magellan Health, Inc. re #142 Order on motion to compelOrder on Motion to Quash. **Filed as an Objection at #143** (BIA)
July 25, 2019 Filing 143 OBJECTION and Request for an Immediate Stay of the Order Pending Resolution of Such Objections re #142 Order on motion to compelOrder on Motion to Quash by Magellan Health, Inc. (Ackerbaum Cox, Joyce) Modified on 7/26/2019 (BIA). Modified on 7/26/2019 (BIA).
July 16, 2019 Opinion or Order Filing 142 ORDER granting in part and denying in part #99 Motion to Compel Responses to First and Second Sets of Interrogatories. Defendant is directed to serve a supplemental response on or before July 25, 2019; denying #100 Motion to Compel Production of Documents Responsive to Plaintiff's First Request for Production; granting in part and denying in part #101 Motion to Compel Production Responsive to Plaintiff's Second Request for Production. Defendant is directed to serve a supplemental response on or before July 25, 2019; denying #108 Motion to Quash. Plaintiff is directed to serve the modified subpoena on or before July 25, 2019; granting #109 Motion to Compel the Continued Deposition of the Corporate Representative. The deposition shall occur on or before August 9, 2019. Signed by Magistrate Judge Daniel C. Irick on 7/16/2019. (JEB)
July 9, 2019 Opinion or Order Filing 140 ENDORSED ORDER granting #139 Unopposed Motion to Seal. The notices at issue in the motion may be filed under seal and shall remain sealed until further order of the Court, based upon the movant's representation that "Filing the Notices under seal is permitted by the Order. See Doc. 135." Signed by Magistrate Judge Daniel C. Irick on 7/9/2019. (Irick, Daniel)
July 9, 2019 Sealed Document S-141. (DMA).
July 5, 2019 Filing 139 Unopposed MOTION for leave to file under seal pursuant to Order (Doc. 135) by James P. Larweth. (Prater, Christopher)
July 1, 2019 Filing 138 MOTION for partial summary judgment as to Counts I, II, and IV of Magellan Health, Inc.'s First Amended Counterclaims by James P. Larweth. (Pollard, Jonathan)
July 1, 2019 Filing 137 MOTION for partial summary judgment As to Counts I and III of its Amended Counterclaim by Magellan Health, Inc.. (Ackerbaum Cox, Joyce)
July 1, 2019 Filing 136 MOTION for partial summary judgment As to Counts II, III, and V of Larweth's Complaint by Magellan Health, Inc.. (Ackerbaum Cox, Joyce)
June 28, 2019 Opinion or Order Filing 135 ENDORSED ORDER granting #132 Motion for Leave to File Additional Evidence. On or before July 5, 2019, Plaintiff shall file the September 2018 and June 2019 notices. Signed by Judge Carlos E. Mendoza on 6/28/2019. (KMS)
June 27, 2019 Filing 134 RESPONSE to Motion re #132 MOTION for leave to file Additional Evidence in Connection with Preliminary Injunction Proceedings re #60 MOTION for preliminary injunction filed by Magellan Health, Inc.. (Ackerbaum Cox, Joyce)
June 26, 2019 Filing 133 Larweth's REPLY to #116 Counterclaim by James P. Larweth(an individual ). Related document: #116 Counterclaim filed by Magellan Health, Inc..(Prater, Christopher)
June 25, 2019 Filing 132 MOTION for leave to file Additional Evidence in Connection with Preliminary Injunction Proceedings re #60 MOTION for preliminary injunction by James P. Larweth(an individual ). (Pollard, Jonathan) Modified on 6/26/2019 (DMA).
June 24, 2019 Filing 131 REPLY to Response to Motion re #99 MOTION to Compel Responses to the First and Second Sets of Interrogatories , #100 MOTION to Compel Production of Documents Responsive to Plaintiff's First Request for Production , #101 MOTION to Compel Production of Documents Responsive to Plaintiff's Second Request for Production filed by James P. Larweth. (Prater, Christopher)
June 19, 2019 Filing 130 RESPONSE in Opposition re #108 MOTION to Quash and for Protective Order Regarding Subpoena for Records Served on Verizon by Plaintiff James P. Larweth filed by James P. Larweth. (Attachments: #1 Exhibit A - Caceci Dep. Excerpts)(Prater, Christopher)
June 19, 2019 Filing 129 RESPONSE in Opposition re #109 MOTION to Compel Continued Deposition of Magellan's 30(b)(6) Corporate Representative filed by Magellan Health, Inc. (a Delaware corporation ). (Ackerbaum Cox, Joyce)
June 19, 2019 Filing 128 NOTICE of intent to request redaction by Patrick M. Muldowney re #118 Transcript, #120 Transcript (Muldowney, Patrick)
June 17, 2019 Filing 127 RESPONSE in Opposition re #101 MOTION to Compel Production of Documents Responsive to Plaintiff's Second Request for Production filed by Magellan Health, Inc. (a Delaware corporation ). (Attachments: #1 Exhibit A - Correspondence dated 5-24-19)(Ackerbaum Cox, Joyce)
June 17, 2019 Filing 126 RESPONSE in Opposition re #100 MOTION to Compel Production of Documents Responsive to Plaintiff's First Request for Production filed by Magellan Health, Inc. (a Delaware corporation ). (Ackerbaum Cox, Joyce)
June 17, 2019 Filing 125 RESPONSE in Opposition re #99 MOTION to Compel Responses to the First and Second Sets of Interrogatories filed by Magellan Health, Inc. (a Delaware corporation ). (Ackerbaum Cox, Joyce)
June 17, 2019 Filing 124 NOTICE of Partial Resolution by James P. Larweth re #100 MOTION to Compel Production of Documents Responsive to Plaintiff's First Request for Production , #101 MOTION to Compel Production of Documents Responsive to Plaintiff's Second Request for Production (Prater, Christopher) Modified on 6/19/2019 (DMA).
June 17, 2019 Filing 121 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: Suzanne L. Trimble. (SLT)
June 17, 2019 Filing 120 REDACTED TRANSCRIPT of Evidentiary Hearing Volume 2 of 2 held on 5/29/2019 before Judge Carlos E. Mendoza. Court Reporter Suzanne Trimble, trimblecourtreporter@gmail.com. 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 7/8/2019, Redacted Transcript Deadline set for 7/18/2019, Release of Transcript Restriction set for 9/16/2019. (SLT)
June 17, 2019 Filing 119 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: Suzanne L. Trimble. (SLT)
June 17, 2019 Filing 118 REDACTED TRANSCRIPT of Evidentiary Hearing Volume 1 of 2 held on 5/28/2019 before Judge Carlos E. Mendoza. Court Reporter Suzanne Trimble, trimblecourtreporter@gmail.com. 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 7/8/2019, Redacted Transcript Deadline set for 7/18/2019, Release of Transcript Restriction set for 9/16/2019. (SLT)
June 17, 2019 Sealed Document S-122. (MAA)
June 17, 2019 Sealed Document S-123. (MAA)
June 13, 2019 Filing 117 NOTICE by James P. Larweth of Partial Resolution re #99 MOTION to Compel Responses to the First and Second Sets of Interrogatories , #100 MOTION to Compel Production of Documents Responsive to Plaintiff's First Request for Production , #101 MOTION to Compel Production of Documents Responsive to Plaintiff's Second Request for Production. (Prater, Christopher) Modified on 6/14/2019 (RDO).
June 12, 2019 Filing 116 Amended COUNTERCLAIM against James P. Larweth filed by Magellan Health, Inc.. (Attachments: #1 Exhibit A - Employment Agreement, #2 Exhibit B - Larweth's LinkedIn page, #3 Exhibit C - Anton Rx's LinkedIn page)(Ackerbaum Cox, Joyce)
June 10, 2019 Filing 115 NOTICE of intent to request redaction by Patrick M. Muldowney re #102 Transcript (Muldowney, Patrick)
June 10, 2019 Set/reset deadlines as to #99 MOTION to Compel Responses to the First and Second Sets of Interrogatories , #100 MOTION to Compel Production of Documents Responsive to Plaintiff's First Request for Production , #101 MOTION to Compel Production of Documents Responsive to Plaintiff's Second Request for Production . Responses due by 6/17/2019 (LMM)
June 7, 2019 Filing 114 Joint NOTICE by Magellan Health, Inc. Regarding Availability of Magellan's Corporate Representative for Potential Continued Deposition (Muldowney, Patrick) Modified on 6/10/2019 (LMM).
June 7, 2019 Opinion or Order Filing 113 ORDER granting #105 Motion for Extension of Time to File Response/Reply. Responses due by 6/17/2019. See Order. Signed by Magistrate Judge Daniel C. Irick on 6/7/2019. (RN)
June 7, 2019 Filing 111 Minute Entry. Proceedings held before Magistrate Judge Daniel C. Irick: TELEPHONIC MOTION HEARING held on 6/7/2019 re #105 First MOTION for Extension of Time up to and including June 17, 2019 to File Response/Reply filed by Magellan Health, Inc., #99 MOTION to Compel Responses to the First and Second Sets of Interrogatories filed by James P. Larweth, #100 MOTION to Compel Production of Documents Responsive to Plaintiff's First Request for Production filed by James P. Larweth, #101 MOTION to Compel Production of Documents Responsive to Plaintiff's Second Request for Production filed by James P. Larweth. (Digital) (RN)
June 6, 2019 Filing 110 RESPONSE to Motion re #105 First MOTION for Extension of Time up to and including June 17, 2019 to File Response/Reply filed by James P. Larweth. (Prater, Christopher)
June 5, 2019 Filing 109 MOTION to Compel Continued Deposition of Magellan's 30(b)(6) Corporate Representative by James P. Larweth. (Attachments: #1 Exhibit A - Second Notice of Taking Videotaped Deposition of Corporate Representatives of Magellan Health, Inc., #2 Exhibit B - Deposition Excerpts)(Prater, Christopher) Motions referred to Magistrate Judge Daniel C. Irick.
June 5, 2019 Filing 108 MOTION to Quash and for Protective Order Regarding Subpoena for Records Served on Verizon by Plaintiff James P. Larweth filed by Magellan Health, Inc., Non-Party George Petrovas (Attachments: #1 Exhibit - Subpoena, #2 Exhibit - Objection of Non-Party Subpoena, #3 Exhibit - Depo Excerpt)(Cravatta, Mary) Modified on 6/6/2019 (DMA).
June 5, 2019 Filing 107 NOTICE of Telephonic hearing on motion re #99 MOTION to Compel Responses to the First and Second Sets of Interrogatories , #100 MOTION to Compel Production of Documents Responsive to Plaintiff's First Request for Production , #105 First MOTION for Extension of Time up to and including June 17, 2019 to File Response/Reply, #101 MOTION to Compel Production of Documents Responsive to Plaintiff's Second Request for Production . Motion Hearing set for 6/7/2019 at 10:00 AM before Magistrate Judge Daniel C. Irick. At least five minutes before the hearing is scheduled to begin, the parties shall call 1-877-336-1829, and use access code 1180142. The parties shall immediately notify the Court if they resolve all or a part of the pending motion(s) set for hearing.(RN)
June 5, 2019 Opinion or Order Filing 106 ENDORSED ORDER: the Court will hold a telephonic hearing on 6/7/2019 re the pending Motions to Compel (#99, #100, #101) and the #105 Motion for Extension of Time to File Responses to those Motions. The parties shall be prepared to address: 1) whether the last-minute Motions to Compel should be denied as untimely due to an undue delay in filing the motions; 2) whether granting the motions would affect any other deadline contained within the CMSO, including the dispositive motions deadline; and 3) whether any responsive documents exist that could be compelled. Signed by Magistrate Judge Daniel C. Irick on 6/5/2019. (Irick, Daniel)
June 4, 2019 Filing 105 First MOTION for Extension of Time up to and including June 17, 2019 to File Response/Reply as to #99 MOTION to Compel Responses to the First and Second Sets of Interrogatories , #100 MOTION to Compel Production of Documents Responsive to Plaintiff's First Request for Production , #101 MOTION to Compel Production of Documents Responsive to Plaintiff's Second Request for Production by All Defendants. (Muldowney, Patrick) Motions referred to Magistrate Judge Daniel C. Irick. Modified on 6/5/2019 (DMA).
June 3, 2019 Set/reset deadlines as to #99 MOTION to Compel Responses to the First and Second Sets of Interrogatories , #100 MOTION to Compel Production of Documents Responsive to Plaintiff's First Request for Production , #101 MOTION to Compel Production of Documents Responsive to Plaintiff's Second Request for Production . Defendant shall respond to all three motions on or before 6/10/2019. (DMA)
June 3, 2019 Opinion or Order Filing 104 ENDORSED ORDER directing Defendant to file an expedited response to #99 Motion to Compel Responses to the First and Second Sets of Interrogatories, #100 Motion to Compel Production of Documents Responsive to Plaintiff's First Request for Production, and #101 Motion to Compel Production of Documents Responsive to Plaintiff's Second Request for Production. Given the pending dispositive motions deadline, on or before 6/10/2019, Defendant shall respond to all three motions, after which the Court may set a hearing on short notice. A failure to file a response by that date will result in the Court deeming the motions unopposed. Signed by Magistrate Judge Daniel C. Irick on 6/3/2019. (Irick, Daniel)
June 3, 2019 Filing 103 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: Suzanne L. Trimble. (SLT)
June 3, 2019 Filing 102 TRANSCRIPT of Evidentiary Hearing Volume 2 of 2 - Excerpt of Judge's Ruling on Motion to Dismiss Counterclaims held on 5/29/19 before Judge Carlos E. Mendoza. Court Reporter/Transcriber Suzanne Trimble,Telephone number trimblecourtreporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 6/24/2019, Redacted Transcript Deadline set for 7/5/2019, Release of Transcript Restriction set for 9/3/2019. (SLT)
May 31, 2019 Filing 101 MOTION to Compel Production of Documents Responsive to Plaintiff's Second Request for Production by James P. Larweth. (Attachments: #1 Exhibit A - Larweth's Second Request for Production to Magellan, #2 Exhibit B - Magellan's Response to Larweth's Second Request for Production, #3 Exhibit C - Magellan Health News Release)(Prater, Christopher) Motions referred to Magistrate Judge Daniel C. Irick.
May 31, 2019 Filing 100 MOTION to Compel Production of Documents Responsive to Plaintiff's First Request for Production by James P. Larweth. (Attachments: #1 Exhibit A - Larweth's First Request for Production to Magellan Health, #2 Exhibit B - Magellan's Response to Larweth's First Request for Production)(Prater, Christopher) Motions referred to Magistrate Judge Daniel C. Irick.
May 31, 2019 Filing 99 MOTION to Compel Responses to the First and Second Sets of Interrogatories by James P. Larweth. (Attachments: #1 Exhibit A - First Set of Interrogatories to Magellan Health, #2 Exhibit B - Second Set of Interrogatories to Magellan Health, #3 Exhibit C - Magellan Health's Responses to First Set of Interrogatories, #4 Exhibit D - Magellan Health's Response to Second Set of Interrogatories)(Prater, Christopher) Motions referred to Magistrate Judge Daniel C. Irick.
May 30, 2019 Opinion or Order Filing 95 ENDORSED ORDER granting in part and denying in part #94 Motion for Extension of Time to Confer Regarding and, if Necessary, Move to Quash Third-Party Subpoena Propounded on Verizon. If Defendant seeks to quash the subpoena served upon Verizon, then, on or before June 5, 2019, Plaintiff shall file a motion to quash. Signed by Magistrate Judge Daniel C. Irick on 5/30/2019. (Irick, Daniel)
May 29, 2019 Filing 98 Exhibit List by James P. Larweth. #1 Exhibit 1 (Larweth Deposition Part 1), #2 Exhibit Larweth Exhibits, #3 Exhibit (Larweth Deposition Part 2), #4 Exhibit Continued Larweth Deposition (Part 2 of 2). (Additional attachment(s) added on 9/4/2019: #5 Exhibit 3, #6 Exhibit Exhibits to Leah Larweth Deposition, #7 Exhibit 4, #8 Exhibit, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit, #12 Exhibit 7, #13 Exhibit 8, #14 Exhibit, #15 Exhibit 9, #16 Exhibit 10, #17 Exhibit) (DJD). (Additional attachment(s) added on 9/4/2019: #19 Exhibit 11, #20 Exhibit, #21 Exhibit 12, #22 Exhibit 13, #23 Exhibit 14) (DJD). (Additional attachment(s) added on 9/4/2019: #24 Exhibit 15 (Part 1), #25 Exhibit 15 (Part 2), #26 Exhibit 16) (DJD).
May 29, 2019 Filing 97 Exhibit List by Magellan Health, Inc. (DJD) (Additional attachment(s) added on 8/28/2019: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14 (Part 1), #15 Exhibit 14 (Part 2), #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39) (DJD).
May 29, 2019 Filing 96 Minute Entry. Proceedings held before Judge Carlos E. Mendoza: MOTION HEARING held on 5/29/2019 re #38 MOTION to Dismiss, in part, Magellan Health, Inc.'s Counterclaims filed by James P. Larweth, #60 MOTION for preliminary injunction filed by Magellan Health, Inc. Plaintiff's witnesses: Craig W. Caceci and James Peter Larweth. Closing arguments by the parties. Court takes defendant's motion for preliminary injunction under advisement. Court Reporter: Suzanne L. Trimble (DJD)
May 29, 2019 Filing 94 MOTION to extend time to Confer Regarding and, if Necessary, Move to Quash Third-Party Subpoena Propounded on Verizon by Magellan Health, Inc.. (Attachments: #1 Exhibit A - Subpoena)(Ackerbaum Cox, Joyce)
May 29, 2019 Opinion or Order Filing 93 ORDER denying without prejudice as moot #89 Motion for Protective Order. If Plaintiff seeks to compel another deposition of Defendant's corporate representative, then, on or before June 5, 2019, Plaintiff shall file a motion to compel. See Order. Signed by Magistrate Judge Daniel C. Irick on 5/29/2019. (RN)
May 29, 2019 Opinion or Order Filing 92 ENDORSED ORDER granting in part and denying in part #38 Motion to Dismiss. For the reasons stated on the record at the May 29, 2019 hearing, Count II of the Counterclaim is DISMISSED without prejudice, the motion is denied in all other respects. On or before June 12, 2019, Magellan Health, Inc. may file an Amended Counterclaim. Signed by Judge Carlos E. Mendoza on 5/29/2019. (KMS)
May 28, 2019 Filing 91 Minute Entry. Proceedings held before Judge Carlos E. Mendoza: EVIDENTIARY MOTION HEARING (DAY ONE) held on 5/28/2019 - re #38 MOTION to Dismiss, in part, Magellan Health, Inc.'s Counterclaims filed by James P. Larweth, #60 MOTION for preliminary injunction filed by Magellan Health, Inc. Parties supplement the record with further argument on plaintiff's motion to dismiss counterclaims and defendant's motion for preliminary injunction. Opening statements by the parties - Defendant's witnesses: George Petrovas, Mostafa Kamal. Defendant reads portions of deposition transcripts of Leah Larweth and Tufts Health Plan into the record. Court to reconvene at 9:30 a.m. on Wednesday, May 29, 2019. Court Reporter: Suzanne L. Trimble (DJD)
May 28, 2019 Filing 90 RESPONSE in Opposition re #89 MOTION for protective order Regarding Vague, Overbroad, Irrelevant, and Harassing 30(b)(6) Topics Noticed by Larweth filed by James P. Larweth. (Prater, Christopher)
May 13, 2019 Filing 89 MOTION for protective order Regarding Vague, Overbroad, Irrelevant, and Harassing 30(b)(6) Topics Noticed by Larweth by Magellan Health, Inc.. (Attachments: #1 Exhibit A - Second Notice of Taking Videotaped Deposition of Corporate Representative(s))(Ackerbaum Cox, Joyce) Motions referred to Magistrate Judge Daniel C. Irick.
May 10, 2019 Filing 88 NOTICE of Appearance by Patrick M. Muldowney on behalf of Magellan Health, Inc. (Muldowney, Patrick)
May 10, 2019 Filing 87 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: Heather L. Jewett. (HLJ)
May 10, 2019 Filing 86 TRANSCRIPT of Motions Hearing re: #45 Motion to Compel and #46 Motion to Quash/Motion for Protective Order held on March 13, 2019, before Judge Daniel C. Irick. Court Reporter/Transcriber: Heather Jewett, RPR, FCRR <. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 5/31/2019. Redacted Transcript Deadline set for 6/10/2019. Release of Transcript Restriction set for 8/8/2019. (HLJ)
May 2, 2019 Opinion or Order Filing 85 ENDORSED ORDER denying as moot #81 Unopposed Motion for Miscellaneous Relief in light of 84 Notice rescheduling hearing. Signed by Judge Carlos E. Mendoza on 5/2/2019. (KMS)
April 30, 2019 Filing 84 NOTICE OF RESCHEDULING HEARING: The hearing on defendant's Motion to dismiss and evidentiary hearing on motion for preliminary injunction previously scheduled for May 2, 2019 are rescheduled. New scheduling date and time: Motion Hearing set for 5/28/2019 and 5/29/19 at 09:00 AM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza. (DJD) ctp
April 29, 2019 Filing 83 Minute Entry. Proceedings held before Judge Carlos E. Mendoza: TELEPHONE CONFERENCE held on 4/29/2019. Court advises counsel of a scheduling conflict and that it will need to reschedule the two day evidentiary hearing scheduled for May 2nd and May 3rd to May 28th and May 29, 2019. Counsel for Pltf: Christopher Prater and Jonathan Pollard; Counsel for Deft: Joyce Ackerbaum Cox and Mary Caroline Cravatta. Start time: 11:58 a.m; End time: 12:03 p.m. Total time: 5 minutes. Court Reporter: Suzanne L. Trimble (DJD)
April 29, 2019 Filing 82 NOTICE of hearing: Telephone Conference set for 4/29/2019 at 12:00 PM before Judge Carlos E. Mendoza. The parties shall call 888-684-8852 five minutes before the hearing is scheduled to begin. Access Code: 8619612. Security Code: 042919. (DJD) ctp
April 26, 2019 Filing 81 Unopposed MOTION for miscellaneous relief, specifically to Permit Witness, George Petrovas, to Testify During Upcoming Preliminary Injunction Hearing on Thursday, May 2, 2019, and/or to Permit Introduction of George Petrovas Declaration at Hearing by Magellan Health, Inc.. (Ackerbaum Cox, Joyce)
April 26, 2019 Filing 80 NOTICE by Magellan Health, Inc. re #60 MOTION for preliminary injunction (Attachments: #1 Exhibit A - Transcript from deposition of Leah Larweth)(Ackerbaum Cox, Joyce)
April 22, 2019 Opinion or Order Filing 79 AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 5/31/2019, Dispositive motions due by 7/1/2019, Pretrial statement due by 11/14/2019, All other motions due by 10/1/2019, Trial Status Conference set for 11/21/2019 at 10:00 AM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza, Jury Trial set for the trial term commencing 12/2/2019 in Orlando Courtroom 5 B before Judge Carlos E. Mendoza. Signed by Judge Carlos E. Mendoza on 4/22/2019. (DJD)
April 16, 2019 Filing 78 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: Suzanne L. Trimble. (SLT)
April 16, 2019 Filing 77 TRANSCRIPT of held on 3/19/2019 before Judge Carlos E. Mendoza. Court Reporter Suzanne Trimble, trimblecourtreporter@gmail.com. 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 5/7/2019, Redacted Transcript Deadline set for 5/17/2019, Release of Transcript Restriction set for 7/15/2019. (SLT)
April 16, 2019 Opinion or Order Filing 76 ENDORSED ORDER granting in part #75 Motion for Reconsideration. The hearing currently set for April 25, 2019, is RESCHEDULED for a two-day evidentiary hearing on May 2-3, 2019, starting at 9:00 a.m in Courtroom 5B. Signed by Judge Carlos E. Mendoza on 4/16/2019. (KMS)
April 15, 2019 Filing 75 MOTION for Reconsideration re 73 Order on Motion to Expedite by James P. Larweth. (Attachments: #1 Exhibit Sen. Grassley Stmt re: Insulin Prices, #2 Exhibit Sen. Grassley Prepared Stmt, #3 Exhibit Sen. Fin. Cmte. Correspondence, #4 Exhibit Reuters Article, #5 Exhibit April 9, 2019 Correspondence)(Pollard, Jonathan)
April 11, 2019 Filing 74 NOTICE of hearing on motion re #60 MOTION for preliminary injunction, #38 MOTION to Dismiss, in part, Magellan Health, Inc.'s Counterclaims . Motion Hearing set for 4/25/2019 at 10:00 AM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza. (DJD) ctp
April 11, 2019 Opinion or Order Filing 73 ENDORSED ORDER granting #71 Motion for Expedited Hearing. A Notice of Hearing will be entered separately. Signed by Judge Carlos E. Mendoza on 4/11/2019. (KMS)
April 10, 2019 Opinion or Order Filing 72 ENDORSED ORDER granting in part #67 Motion to Amend the Case Management and Scheduling Order. The requested deadlines will be extended by sixty days. An Amended Case Management and Scheduling Order will be issued separately. Signed by Judge Carlos E. Mendoza on 4/10/2019. (KMS)
April 9, 2019 Filing 71 MOTION to Expedite Hearing on its Motion for Preliminary Injunction and Supplemental Filing in Support of its Motion for Preliminary Injunction in Light of Plaintiff/Counter-Defendant's Recent Disclosure of Previously Withheld Information by Magellan Health, Inc.. (Attachments: #1 Exhibit A - First Set of Interrogatories, #2 Exhibit B - First Request to Produce, #3 Exhibit C - Response to Interrogatories, #4 Exhibit D - Response to Interrogatories, #5 Exhibit E - Larweth Depo Vol. II, #6 Exhibit F - Larweth - Corp Rep Depo, #7 Exhibit G - Larweth Depo Vol. I)(Ackerbaum Cox, Joyce)
April 9, 2019 Filing 70 Minute Entry. Telephonic Proceedings held before Judge Carlos E. Mendoza: TELEPHONIC MOTION HEARING held on 4/9/2019 - re #67 MOTION to Amend/Correct #27 Case management and scheduling order filed by James P. Larweth. Parties supplement the record with further argument to the Court on the motion to amend scheduling order. Court takes motion under advisement. Counsel for pltf: Christopher Prater and James Larweth; Counsel for deft: Joyce Ackerbaum Cox. Start time: 9:57 a.m; End time: 10:07 a.m. Total time: 10 minutes. Court Reporter: Suzanne L. Trimble (DJD)
April 3, 2019 Filing 69 ANSWER and affirmative defenses to #1 Complaint by Magellan Health, Inc..(Ackerbaum Cox, Joyce)
April 3, 2019 Filing 68 NOTICE of telephonic hearing on motion re #67 MOTION to Amend/Correct #27 Case management and scheduling order .Telephonic Motion Hearing set for 4/9/2019 at 10:00 AM before Judge Carlos E. Mendoza. The parties shall call 888-684-8852 five minutes before the hearing is scheduled to begin. Access Code: 8619612. Security Code: 040919. (DJD) ctp
April 1, 2019 Filing 67 MOTION to Amend/Correct #27 Case management and scheduling order by James P. Larweth. (Prater, Christopher)
March 29, 2019 Filing 66 RESPONSE in Opposition re #60 MOTION for preliminary injunction filed by James P. Larweth. (Attachments: #1 Exhibit Ex. A - Kamal Dep., #2 Exhibit Ex. B - Fletemeyer Dep., #3 Exhibit Ex. C - Petrovas Dep., #4 Exhibit Ex. D - Larweth Declaration, #5 Exhibit Ex. E. - Lederer Dep., #6 Exhibit Ex. F. - Sak Dep., #7 Exhibit Ex. G - Caceci Dep., #8 Exhibit Ex. H - Magellan SEC Filing, #9 Exhibit Ex. I - Vecchiolli Dep., #10 Exhibit Ex. J. - Larweth Dep., #11 Exhibit Ex. K - Comp. LinkedIn, #12 Exhibit Ex. L - Comp. Magellan v. CDMI Litigation)(Prater, Christopher)
March 27, 2019 Filing 65 NOTICE by Magellan Health, Inc. re #60 MOTION for preliminary injunction (Attachments: #1 Exhibit A - Excerpts from the Deposition of Craig Douglas Caceci, #2 Exhibit B - Excerpts from the Deposition of Thomas Joseph Sak)(Ackerbaum Cox, Joyce)
March 27, 2019 Opinion or Order Filing 64 ORDER granting in part and denying in part #63 Motion for Protective Order. The Motion (Doc. 63) is GRANTED to the extent that the deposition neednot go forward on April 1, 2019 and DENIED in all other respects. See Order. Signed by Magistrate Judge Daniel C. Irick on 3/27/2019. (RN)
March 26, 2019 Filing 63 MOTION for protective order Regarding the Untimely-Noticed, Unilaterally-Scheduled Deposition of the Company's Corporate Representative on April 1, 2019 by Magellan Health, Inc.. (Attachments: #1 Exhibit A - Correspondence dated 2-20-19, #2 Exhibit B - Correspondence dated 2-20-19, #3 Exhibit C - Correspondence dated 2-21-19, #4 Exhibit D - Correspondence dated 2-22-19, #5 Exhibit E - Correspondence dated 3-5-19, #6 Exhibit F - Correspondence dated 3-11-19, #7 Exhibit G - Deposition Notice, #8 Exhibit H - Correspondence dated 3-19-19, #9 Exhibit I - Correspondence dated 3-21-19)(Ackerbaum Cox, Joyce) Motions referred to Magistrate Judge Daniel C. Irick.
March 20, 2019 Opinion or Order Filing 61 ENDORSED ORDER granting in part #21 Defendant's Motion to Dismiss. For the reasons stated on the record at the hearing, Count IV of the Complaint is dismissed with prejudice as duplicative of the breach of contract claim. The Motion is denied as to Count V of the Complaint and in all other respects. Signed by Judge Carlos E. Mendoza on 3/20/2019. (TNP)
March 19, 2019 Filing 62 Minute Entry - Proceedings held before Judge Carlos E. Mendoza: MOTION HEARING held on 3/19/2019 - re #21 MOTION to Dismiss Plaintiff's Complaint in Part filed by Magellan Health, Inc. Parties supplement the record with further argument to the Court on defendant's motion to dismiss in part. Court grants in part Defendant's Motion to Dismiss. For the reasons stated on the record at the hearing, Count IV of the Complaint is dismissed with prejudice as duplicative of the breach of contract claim. The Motion is denied as to Count V of the Complaint and in all other respects. Counsel for Pltf: Jonathan Edgar Pollard; Counsel for Deft: Joyce Ackerbaum Cox and Mary Caroline Cravatta. Times: 2:15-2:35 p.m. and 2:45-3:00 p.m. Total time: 35 minutes. Court Reporter: Suzanne L. Trimble (DJD)(DJD)
March 15, 2019 Filing 60 MOTION for preliminary injunction by Magellan Health, Inc.. (Attachments: #1 Exhibit 1 - Declaration of George Petrovas, #2 Exhibit 2 - CDMI Employment Agreement, #3 Exhibit 3 - Magellan Employment Agreement, #4 Exhibit 4 - CDMI Purchase Agreement, #5 Exhibit 5 - Transcript Excerpts of James Larweth Deposition, #6 Exhibit 6 - Declaration of Mostafa Kamal, #7 Exhibit 7 - Correspondence, dated 6-5-18, #8 Exhibit 8 - Correspondence, dated 6-14-18, #9 Exhibit 9 - Correspondence, dated 7-13-18, #10 Exhibit 10 - Correspondence, dated 10-23-18, #11 Exhibit 11 - Larweth's Amended Responses to Magellan's First Set of Interrogatories)(Ackerbaum Cox, Joyce)
March 13, 2019 Filing 59 REPLY to #42 Response to Motion re #38 MOTION to Dismiss, in part, Magellan Health, Inc.'s Counterclaims filed by James P. Larweth. (Attachments: #1 Exhibit Purchase Agreement)(Pollard, Jonathan) Modified on 3/14/2019 (JET).
March 13, 2019 Opinion or Order Filing 58 ENDORSED ORDER granting #45 Defendant's Motion to Compel Plaintiff to Provide Complete Responses to Interrogatories and Requests for Production; granting in part and denying in part #46 Plaintiff's Motion to Quash or Modify Subpoena and for Protective Order. See Order for details. Signed by Magistrate Judge Daniel C. Irick on 3/13/2019. (Irick, Daniel)
March 13, 2019 Filing 56 Minute Entry. Proceedings held before Magistrate Judge Daniel C. Irick: MOTION HEARING held on 3/13/2019 re #46 MOTION to quash Subpoena to New Cingular Wireless PCS, LLC MOTION for protective order filed by James P. Larweth, #45 MOTION to Compel Plaintiff/Counter-Defendant Larweth to Provide Complete Responses to Interrogatory Nos. 12, 14, and 17, and to Produce Documents Responsive to Request Nos. 8, 11, 17, 18, and 20 filed by Magellan Health, Inc.. (Digital) (RN)
March 13, 2019 Filing 55 NOTICE advising the Court regarding partial resolutions of the issues by Magellan Health, Inc. re 53 Notice of hearing on motion (Ackerbaum Cox, Joyce) Modified on 3/14/2019 (JET).
March 7, 2019 Filing 54 MEDIATION report Hearing held on 2/28/19. Hearing outcome: Impasse.. (Koch, Jonathan)
March 6, 2019 Filing 53 NOTICE of hearing on motion re #46 MOTION to quash Subpoena to New Cingular Wireless PCS, LLC MOTION for protective order , #45 MOTION to Compel Plaintiff/Counter-Defendant Larweth to Provide Complete Responses to Interrogatory Nos. 12, 14, and 17, and to Produce Documents Responsive to Request Nos. 8, 11, 17, 18, and 20 . Motion Hearing set for 3/13/2019 at 02:00 PM in Orlando Courtroom 5 C before Magistrate Judge Daniel C. Irick. The parties shall immediately notify the Court if they resolve all or a part of the pending motion(s) set for hearing.(RN)
February 28, 2019 Filing 52 RESPONSE in Opposition re #45 MOTION to Compel Plaintiff/Counter-Defendant Larweth to Provide Complete Responses to Interrogatory Nos. 12, 14, and 17, and to Produce Documents Responsive to Request Nos. 8, 11, 17, 18, and 20 filed by James P. Larweth. (Prater, Christopher)
February 28, 2019 Filing 51 MEMORANDUM in opposition re #46 Motion to QuashMotion for protective order filed by Magellan Health, Inc.. (Attachments: #1 Exhibit 1 - Email between Counsel, #2 Exhibit 2 - Email between Counsel, #3 Exhibit 3 - Notice of Filing, #4 Exhibit 4 - Larweth's Amended Responses to Magellan's First Set of Interrogatories)(Ackerbaum Cox, Joyce)
February 27, 2019 Set/reset deadlines as to #21 MOTION to Dismiss Plaintiff's Complaint in Part. Motion Hearing set for 3/19/2019 at 02:00 PM before Judge Carlos E. Mendoza. (JET)
February 27, 2019 Opinion or Order Filing 50 ENDORSED ORDER granting #48 Unopposed Motion for Continuance. The hearing set for March 5, 2019, is RESCHEDULED for March 19, 2019, at 2:00 p.m. Signed by Judge Carlos E. Mendoza on 2/27/2019. (KMS)
February 27, 2019 Opinion or Order Filing 49 ENDORSED ORDER granting #43 Motion for Leave to File Reply. On or before March 13, 2019, Plaintiff/Counter-Defendant may file a Reply of ten or fewer pages addressing the choice of law issue. Signed by Judge Carlos E. Mendoza on 2/27/2019. (KMS)
February 27, 2019 Set/reset deadlines as to #38 MOTION to Dismiss, in part, Magellan Health, Inc.'s Counterclaims . Replies to Response #42 due by 3/13/2019. (JET)
February 25, 2019 Filing 48 Unopposed MOTION for miscellaneous relief, specifically Request for a Brief Continuance of the Hearing on Partial Motion to Dismiss by Magellan Health, Inc.. (Ackerbaum Cox, Joyce)
February 22, 2019 Filing 47 NOTICE of hearing on motion re #21 MOTION to Dismiss Plaintiff's Complaint in Part. Motion Hearing set for 3/5/2019 at 10:15 AM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza. (DJD) ctp
February 14, 2019 Filing 46 MOTION to quash Subpoena to New Cingular Wireless PCS, LLC , MOTION for protective order by James P. Larweth. (Attachments: #1 Exhibit A - Subpoena)(Prater, Christopher) Motions referred to Magistrate Judge Daniel C. Irick.
February 14, 2019 Filing 45 MOTION to Compel Plaintiff/Counter-Defendant Larweth to Provide Complete Responses to Interrogatory Nos. 12, 14, and 17, and to Produce Documents Responsive to Request Nos. 8, 11, 17, 18, and 20 by Magellan Health, Inc.. (Attachments: #1 Exhibit A - Magellan's First Set of Interrogatories to Plaintiff, #2 Exhibit B - Magellan's First Request for Production of Documents to Plaintiff, #3 Exhibit C - Larweth's Responses to Magellan's First Set of Interrogatories, #4 Exhibit D - Larweth's Response to Magellan's First Request for Production of Documents, #5 Exhibit E - Correspondence between Counsel, #6 Exhibit F - Correspondence between Counsel, #7 Exhibit G - Larweth's Amended Responses to Magellan's First Set of Interrogatories, #8 Exhibit H - Larweth's Amended Responses to Magellan's First Request for Production of Documents, #9 Exhibit I - Correspondence between Counsel)(Ackerbaum Cox, Joyce) Motions referred to Magistrate Judge Daniel C. Irick.
February 7, 2019 Filing 44 RESPONSE in Opposition re #43 MOTION for leave to file Reply In Support of #38 Motion to Dismiss, In Part, Counterclaims filed by Magellan Health, Inc. (Ackerbaum Cox, Joyce) Modified on 2/8/2019 (JET).
February 5, 2019 Filing 43 MOTION for leave to file Reply to #42 Response and In Support of #38 Motion to Dismiss, In Part, Counterclaims by James P. Larweth. (Prater, Christopher) Modified on 2/6/2019 (JET).
January 31, 2019 Filing 42 RESPONSE in Opposition re #38 MOTION to Dismiss, in part, Magellan Health, Inc.'s Counterclaims filed by Magellan Health, Inc.. (Ackerbaum Cox, Joyce)
January 11, 2019 Opinion or Order Filing 41 ENDORSED ORDER denying as moot #24 Unopposed Motion for Extension of Time. The #26 Response was timely filed. Signed by Magistrate Judge Daniel C. Irick on 1/11/2019. (Irick, Daniel)
January 11, 2019 Opinion or Order Filing 40 ENDORSED ORDER granting #39 Unopposed Motion for Extension of Time. On or before 1/31/2019, Magellan Health, Inc. shall respond to the #38 Motion to Dismiss. Signed by Magistrate Judge Daniel C. Irick on 1/11/2019. (Irick, Daniel)
January 10, 2019 Filing 39 Unopposed MOTION for Extension of Time until 1/31/19 to File Response/Reply as to #38 MOTION to Dismiss, in part, Magellan Health, Inc.'s Counterclaims by Magellan Health, Inc.. (Ackerbaum Cox, Joyce) Motions referred to Magistrate Judge Daniel C. Irick. Modified on 1/11/2019 (JET).
January 2, 2019 Filing 38 MOTION to Dismiss, in part, Magellan Health, Inc.'s Counterclaims by James P. Larweth. (Attachments: #1 Exhibit A)(Prater, Christopher)
December 12, 2018 Opinion or Order Filing 37 ENDORSED ORDER granting #36 Unopposed Motion for Extension of Time. On or before 1/2/2019, James P. Larweth shall respond to the Counterclaim. Signed by Magistrate Judge Daniel C. Irick on 12/12/2018. (Irick, Daniel)
December 12, 2018 Filing 36 Unopposed MOTION for Extension of Time until January 2, 2019, to File Answer as to #35 Counterclaim by James P. Larweth. (Prater, Christopher) Motions referred to Magistrate Judge Daniel C. Irick. Modified on 12/12/2018 (JET).
November 26, 2018 Filing 35 COUNTERCLAIM against James P. Larweth filed by Magellan Health, Inc.. (Attachments: #1 Exhibit A - Employment Agreement, #2 Exhibit B - Larweth's LinkedIn page, #3 Exhibit C - Anton Rx's LinkedIn page)(Ackerbaum Cox, Joyce)
November 1, 2018 Filing 34 NOTICE of Appearance by Mary Caroline Cravatta on behalf of Magellan Health, Inc. (Cravatta, Mary)
November 1, 2018 Filing 33 NOTICE of Appearance by Joyce Ackerbaum Cox on behalf of Magellan Health, Inc. (Ackerbaum Cox, Joyce)
October 31, 2018 Opinion or Order Filing 32 ENDORSED ORDER granting #31 Unopposed Motion for Substitution of Counsel. Attorneys Edward Soto; Ami G. Zweig; Gary D. Friedman; and Robert Clayton Roesch are hereby terminated and withdrawn as counsel in this case. On before 11/2/2018, new counsel for Defendant shall file notices of appearance. Signed by Magistrate Judge Daniel C. Irick on 10/31/2018. (Irick, Daniel)
October 31, 2018 Filing 31 Unopposed MOTION to Substitute Attorney Joyce Ackerbaum Cox and Mary Caroline Cravatta in place of Attorney Gary Friedman, Edward Soto and Ami Zweig by Magellan Health, Inc. (Friedman, Gary) Motions referred to Magistrate Judge Daniel C. Irick. Modified on 11/1/2018 (JET).
October 1, 2018 Filing 30 NOTICE OF SELECTION of Jonathan C. Koch, Esq. as mediator by James P. Larweth and Magellan Health, Inc. (Prater, Christopher) Modified on 10/2/2018 (JET).
September 17, 2018 Filing 29 CASE REFERRED to Mediation. (JET)
September 17, 2018 Opinion or Order Filing 28 ORDER that the parties are directed to confer, and then advise the Court, on the selection of a mediator, on or before October 1, 2018. Signed by Judge Carlos E. Mendoza on 9/17/2018. (DJD)
September 17, 2018 Opinion or Order Filing 27 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 10/31/2018, Joinder of Parties due by 10/31/2018, Discovery due by 4/1/2019, Dispositive motions due by 5/1/2019, Pretrial statement due by 9/13/2019, All other motions due by 8/1/2019, Plaintiff disclosure of expert report due by 2/8/2019, Defendant disclosure of expert report due by 3/8/2019, Trial Status Conference set for 9/19/2019 at 10:00 AM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza, Jury Trial set for the trial term commencing 10/1/2019 in Orlando Courtroom 5 B before Judge Carlos E. Mendoza. Conduct mediation hearing by 3/7/2019. Lead counsel to coordinate dates. Signed by Judge Carlos E. Mendoza on 9/17/2018. (DJD)
August 6, 2018 Filing 26 RESPONSE in Opposition re #21 MOTION to Dismiss Plaintiff's Complaint in Part filed by James P. Larweth. (Prater, Christopher)
August 3, 2018 Filing 25 CASE MANAGEMENT REPORT. (Friedman, Gary)
August 2, 2018 Filing 24 Unopposed MOTION for Extension of Time until August 13, 2018, to File Response in Opposition to #21 Motion to Dismiss and Supporting Memorandum of Law by James P. Larweth. (Prater, Christopher) Modified on 8/2/2018 (JET).
July 25, 2018 Opinion or Order Filing 23 ENDORSED ORDER granting #22 Joint Motion to Appear Telephonically at the Case Management Conference. Provided the parties agree to the essentials of the Case Management Report. Otherwise, the parties shall meet in person. Signed by Magistrate Judge Daniel C. Irick on 7/25/2018. (Irick, Daniel)
July 25, 2018 Filing 22 Joint MOTION to Appear Telephonically at the Case Management Report Meeting by Magellan Health, Inc., and James P. Larweth. (Friedman, Gary) Motions referred to Magistrate Judge Daniel C. Irick. Modified on 7/25/2018 (JET).
July 23, 2018 Filing 21 MOTION to Dismiss Plaintiff's Complaint in Part by Magellan Health, Inc.. (Attachments: #1 Exhibit A)(Friedman, Gary)
July 5, 2018 Opinion or Order Filing 20 ORDER granting #17 motion to appear pro hac vice; granting #18 motion to appear pro hac vice. Signed by Magistrate Judge Daniel C. Irick on 7/5/2018. (RN)
July 3, 2018 Filing 19 Written designation and consent to act by Robert Clayton Roesch on behalf of Magellan Health, Inc.. Local Counsel: Robert Clayton Roesch. Non-Resident Counsel: Gary D. Friedman and Ami G. Zweig. (Roesch, Robert)
July 3, 2018 Filing 18 MOTION for Ami G. Zweig to appear pro hac vice by Magellan Health, Inc.. (Attachments: #1 Exhibit Special Admission Attorney Certification - Ami G. Zweig)(Roesch, Robert) Motions referred to Magistrate Judge Daniel C. Irick.
July 3, 2018 Filing 17 MOTION for Gary D. Friedman to appear pro hac vice by Magellan Health, Inc.. (Attachments: #1 Exhibit Special Admission Attorney Certification - Gary D. Friedman)(Roesch, Robert) Motions referred to Magistrate Judge Daniel C. Irick.
July 3, 2018 Filing 16 NOTICE of Appearance by Robert Clayton Roesch on behalf of Magellan Health, Inc. (Roesch, Robert)
July 3, 2018 ***PRO HAC VICE FEES paid by attorney Gary D Friedman, appearing on behalf of Magellan Health, Inc. (Filing fee $150 receipt number ORL074891.) Related document: #17 MOTION for Gary D Friedman to appear pro hac vice. (RCN) Modified on 7/5/2018 (ALL).
July 3, 2018 ***PRO HAC VICE FEES paid by attorney Ami G Zweig, appearing on behalf of Magellan Health, Inc. (Filing fee $150 receipt number ORL074891.) Related document: #18 MOTION for Ami G. Zweig to appear pro hac vice. (RCN) Modified on 7/5/2018 (ALL).
June 28, 2018 Filing 15 NOTICE to counsel of Local Rule 2.02 for attorney Gary D. Friedman (signed by deputy clerk).(Copy mailed to attorney). (RMF)
June 27, 2018 Filing 14 NOTICE of pendency of related cases #9 per Local Rule 1.04(d) by Magellan Health, Inc.. Related case(s): No (Soto, Edward) Modified on 6/28/2018 (RMF).
June 25, 2018 Filing 13 NOTICE of pendency of related cases re #9 Related case order and track 2 notice per Local Rule 1.04(d) by James P. Larweth. Related case(s): no (Prater, Christopher)
June 25, 2018 Filing 12 CERTIFICATE of interested persons and corporate disclosure statement re #10 Interested persons order by James P. Larweth. (Prater, Christopher)
June 21, 2018 Opinion or Order Filing 11 ENDORSED ORDER granting #8 Defendant's Motion for Extension of Time. Defendant shall file a response to the Complaint on or before July 23, 2018. Signed by Magistrate Judge Daniel C. Irick on 6/21/2018. (Irick, Daniel)
June 21, 2018 Set/reset deadline for Magellan Health, Inc. Answer due by 7/23/2018. (JET)
June 13, 2018 Opinion or Order Filing 10 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 6/27/2018. Signed by Judge Carlos E. Mendoza on 6/13/2018. (DJD) ctp
June 13, 2018 Filing 9 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 6/27/2018. Signed by D. Darley/Deputy Clerk on 6/13/2018. (DJD) ctp
June 12, 2018 Filing 8 MOTION for Extension of Time until July 23, 2018, to File Answer to the Complaint by Magellan Health, Inc. (Soto, Edward) Modified on 6/12/2018 (JET).
June 12, 2018 Filing 7 CERTIFICATE of interested persons and corporate disclosure statement by Magellan Health, Inc. identifying Other Affiliate BlackRock, Inc. for Magellan Health, Inc... (Attachments: #1 Appendix Magellan Health, Inc. Subsidiaries)(Soto, Edward)
June 12, 2018 Filing 6 NOTICE of Appearance by Edward Soto on behalf of Magellan Health, Inc. (Soto, Edward)
June 5, 2018 Filing 5 Case reassigned to Judge Carlos E. Mendoza. New case number: 6:18-cv-823-Orl-41DCI. Senior Judge G. Kendall Sharp no longer assigned to the case. (MAA)
June 4, 2018 Opinion or Order Filing 4 ORDER reassigning this case to another District Judge for all further proceedings. Signed by Senior Judge G. Kendall Sharp on 6/4/2018. (SC)
June 1, 2018 Filing 3 RETURN of service executed on 05/31/2018 by James P. Larweth as to Magellan Health, Inc.. (Yaffe, David)
May 30, 2018 Filing 2 SUMMONS issued as to Magellan Health, Inc.. (DMA)
May 30, 2018 FILING FEES paid by James P. Larweth (Filing fee $400 receipt number ORL074004) (DMA)
May 25, 2018 Filing 1 COMPLAINT against Magellan Health, Inc. with Jury Demand filed by James P. Larweth. (No payment has been made/No IFP motion filed). (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(DMA)

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Search for this case: Larweth v. Magellan Health, Inc.
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Plaintiff: James P. Larweth
Represented By: Christopher S Prater
Represented By: David Joshua Yaffe
Represented By: Jonathan E. Pollard
Represented By: Todd Mensing
Represented By: David J. Yaffe
Represented By: Harrison George Scheer
Represented By: Jonathan Edgar Pollard
Represented By: Jane L. Robinson
Represented By: Joseph Y. Ahmad
Represented By: David Storrs Wood
Represented By: Samantha Brantley
Represented By: Alexander R. Hernandez
Represented By: Monica Marie McNulty Kovecses
Represented By: Joyce Ackerbaum Cox
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Defendant: Magellan Health, Inc.
Represented By: Ami G. Zweig
Represented By: Mary Caroline Cravatta
Represented By: Joyce Ackerbaum Cox
Represented By: Gary D. Friedman
Represented By: Robert Clayton Roesch
Represented By: Edward Soto
Represented By: Patrick M. Muldowney
Represented By: Kevin W. Shaughnessy
Represented By: Todd Mensing
Represented By: Erin Michelle Sales
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