Maz Partners LP v. First Choice Healthcare Solutions, Inc. et al
MAZ Partners LP |
First Choice Healthcare Solutions, Inc. and Christian Romandetti, Sr. |
6:2019cv00619 |
March 29, 2019 |
US District Court for the Middle District of Florida |
Paul G Byron |
Leslie R Hoffman |
Securities/Commodities |
Plaintiff |
Docket Report
This docket was last retrieved on August 2, 2021. A more recent docket listing may be available from PACER.
Document Text |
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Filing 81 ORDER granting #70 Motion for Attorney Fees. Signed by Judge Paul G. Byron on 8/2/2021. (JRR) |
Filing 80 FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE. Signed by Judge Paul G. Byron on 8/2/2021. (JRR) |
Filing 79 ORDER APPROVING PLAN OF ALLOCATION OF NET SETTLEMENT FUND. Signed by Judge Paul G. Byron on 8/2/2021. (JRR) |
Filing 78 ENDORSED ORDER granting #69 Motion for Settlement.. Signed by Judge Paul G. Byron on 8/2/2021. (JRR) |
Filing 77 Minute Entry. In Person Proceedings held before Judge Paul G. Byron: FINAL APPROVAL HEARING held on 7/23/2021. Court Reporter: Nikki L. Peters (GNB)ctp |
Filing 76 ENDORSED ORDER granting #75 Motion to Appear Telephonically. Plaintiff's corporate representative shall call 888-363-4735 ten (10) minutes before the hearing is set to begin. Access Code: 3126210. Security Code: 072321. Signed by Judge Paul G. Byron on 7/21/2021. (GNB) ctp |
Filing 75 Unopposed MOTION for Plaintiff's Representative, Walter Schenker to appear telephonically or by video at Final Approval Hearing by Maz Partners LP. (Cohen, Ronald) |
Filing 74 REPLY Memorandum in Support of Motion re #70 MOTION for Attorney Fees and Reimbursement of Litigation Expenses, #69 MOTION for Final Approval of Class Action Settlement and Plan of Allocation, and Final Certification of Settlement Class filed by Maz Partners LP. (Ruthizer, Joshua) Modified text on 7/16/2021 (MEJ). |
Filing 73 Supplemental DECLARATION of Eric J. Miller re #67 Order on Motion for Miscellaneous Relief, #70 MOTION for Attorney Fees and Reimbursement of Litigation Expenses, #69 MOTION for Final Approval of Class Action Settlement and Plan of Allocation, and Final Certification of Settlement Class by Maz Partners LP. (Ruthizer, Joshua) Modified text on 7/12/2021 (MEJ). |
Filing 72 NOTICE OF RESCHEDULING HEARING: The Final Approval Hearing previously scheduled for 7/26/2021 is rescheduled for 7/23/2021 at 10:00 AM in Orlando Courtroom 4 B before Judge Paul G. Byron. (GNB) ctp |
Filing 71 DECLARATION of Chet B. Waldman, Esq. re #70 MOTION for Attorney Fees and Reimbursement of Litigation Expenses, #69 MOTION for Settlement Motion for Final Approval of Class Action Settlement and Plan of Allocation, and Final Certification of Settlement Class by Maz Partners LP. (Attachments: #1 Exhibit 1 - A.B. Data Declaration, #2 Exhibit 2 - Ronald Cohen Declaration, #3 Exhibit 3 - Wolf Popper LLP Firm Resume)(Ruthizer, Joshua) |
Filing 70 MOTION for Attorney Fees and Reimbursement of Litigation Expenses by Maz Partners LP. (Attachments: #1 Text of Proposed Order [Proposed] Order Awarding Attorneys' Fees and Litigation Expenses and Lead Plaintiff PSLRA Award)(Ruthizer, Joshua) Motions referred to Magistrate Judge Leslie R. Hoffman. |
Filing 69 MOTION for Final Approval of Class Action Settlement and Plan of Allocation, and Final Certification of Settlement Class by Maz Partners LP. (Attachments: #1 Text of Proposed Order [Proposed] Final Judgment and Order of Dismissal With Prejudice, #2 Text of Proposed Order [Proposed] Order Approving Plan of Allocation of Net Settlement Fund)(Ruthizer, Joshua) Modified text on 6/29/2021 (MEJ). |
Filing 68 NOTICE of Hearing: Final Approval Hearing set for 7/26/2021 at 10:00 AM in Orlando Courtroom 4B before Judge Paul G. Byron. The Court has set aside one (1) hour for the hearing. (GNB) copies e-mailed |
Filing 67 ORDER granting #64 Motion for Preliminary Approval of Class Action Settlement. See Order for details. Signed by Judge Paul G. Byron on 3/1/2021. (GNB) copies e-mailed |
Filing 66 NOTICE of Filing Order in Connection with Bankruptcy Proceeding by First Choice Healthcare Solutions, Inc. (Attachments: #1 Exhibit 1 - Order Confirming Debtors' Amended Joint Plant of Reorganization)(Linzer, Ross) Modified text on 2/25/2021 (MEJ). |
Filing 65 NOTICE of Filing Documents in Connection with Bankruptcy Proceeding by First Choice Healthcare Solutions, Inc. (Attachments: #1 Exhibit 1- Debtors' Amended Joint Plan of Reorganization, #2 Exhibit 2- Bankruptcy Proceeding Order Dated January 7, 2021, #3 Exhibit 3- Plan of Reorganization Ballot, #4 Exhibit 4- January 12, 2021 Correspondence Re: Bankruptcy Proceeding)(Linzer, Ross) Modified text on 1/13/2021 (MEJ). |
Filing 64 Unopposed MOTION for Miscellaneous Relief, specifically (1) PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT; (2) PRELIMINARY CERTIFICATION OF THE SETTLEMENT CLASS; AND (3) APPROVAL OF NOTICE TO THE SETTLEMENT CLASS , AND INCORPORATED MEMORANDUM OF LAW by Maz Partners LP. (Attachments: #1 Exhibit 1 - Settlement Agreement and Exhibits, #2 Exhibit 2 - Declaration of Lead Plaintiff in Support of Motion)(Ruthizer, Joshua) |
Filing 63 ENDORSED ORDER granting #62 Motion to File Excess Pages. Signed by Judge Paul G. Byron on 12/28/2020. (JBS) |
Filing 62 Unopposed MOTION to File Excess Pages by Maz Partners LP. (Ruthizer, Joshua) |
Filing 61 NOTICE of Bankruptcy Court Order Approving Entry into Settlement Agreement and Lifting Automatic Stay to Allow Parties to Seek Approval of and Perform the Settlement Agreement (Attachments: #1 Exhibit A - Bankruptcy Court Order Approving Entry into Settlement Agreement and Lifting Automatic Stay to Allow Parties to Seek Approval of and Perform the Settlement Agreement) by Maz Partners LP (Ruthizer, Joshua) Modified on 12/8/2020 (MEJ). |
Filing 60 SUGGESTION of Bankruptcy by First Choice Healthcare Solutions, Inc.. (McKean, Esther) |
Filing 59 ORDER re #58. The Clerk is DIRECTED to administratively close the file. Signed by Judge Paul G. Byron on 6/1/2020. (JRR) |
Filing 58 NOTICE of settlement by Maz Partners LP (Ruthizer, Joshua) |
Filing 57 CASE REFERRED to Mediation. (mailed to mediator S. Lelchuck) (MEJ) |
Filing 56 ENDORSED ORDER converting this matter to a Track Three case. All parties must comply with the requirements established in Local Rule 3.05 for Track Three cases. Signed by Judge Paul G. Byron on 3/31/2020. (GNB) copies e-mailed |
Filing 55 CASE MANAGEMENT AND SCHEDULING ORDER. Discovery due by 8/2/2021, Dispositive motions due by 12/1/2021, Pretrial statement due by 2/1/2022, All other motions due by 3/1/2022, Final Pretrial Conference set for 4/19/2022 at 03:00 PM in Orlando Courtroom 4 B before Judge Paul G. Byron, Jury Trial set for 5/2/2022 at 09:00 AM in Orlando Courtroom 4 B before Judge Paul G. Byron., Conduct mediation hearing by 11/1/2021. Lead counsel to coordinate dates. Signed by Judge Paul G. Byron on 3/31/2020. (GNB) copies e-mailed |
Filing 54 NOTICE of mediation conference/hearing to be held on May 6, 2020 before Simone K. Lelchuck, Esq..(Ruthizer, Joshua) Modified on 4/1/2020 (MEJ). |
Filing 53 CASE MANAGEMENT REPORT. (Ruthizer, Joshua) |
Filing 52 ENDORSED ORDER denying #51 Motion to Stay. Forthcoming mediation does not warrant a stay of routine deadlines. Signed by Judge Paul G. Byron on 3/5/2020. (JRR) |
Filing 51 Joint MOTION to Stay Action Pending Mediation by First Choice Healthcare Solutions, Inc.. (Miller, Brian) |
Filing 50 ENDORSED ORDER directing the parties to file a Case Management Report within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 3/3/2020. (GNB) copies e-mailed |
Filing 49 ANSWER and affirmative defenses to #1 Complaint by Christian Romandetti, Sr..(Scheller, Fritz) |
Filing 48 ANSWER and affirmative defenses to #1 Complaint by First Choice Healthcare Solutions, Inc..(Miller, Brian) |
Filing 47 ENDORSED ORDER granting #46 Motion for Extension of Time to Answer. Defendant Christian Romandetti, Sr., must file an Answer on or before 3/3/2020. Signed by Judge Paul G. Byron on 2/28/2020. (JRR) |
Filing 46 Unopposed MOTION for Extension of Time to File Answer by Christian Romandetti, Sr.. (Scheller, Fritz) |
Set/reset deadlines/hearings: Answer due by 2/28/2020. (MEJ) |
Filing 45 ORDER adopting #37 Report and Recommendations; denying #28 motion to dismiss; denying #13 motion to dismiss. On or before Friday, February 28, 2020, Defendants shall ANSWER the Complaint. Signed by Judge Paul G. Byron on 2/14/2020. (JRR) |
Filing 44 RESPONSE to objections to #37 Report and Recommendations filed by Maz Partners LP. (Ruthizer, Joshua) |
Set/reset deadlines as to #39 Objection re #37 REPORT AND RECOMMENDATIONS; #41 Objection re #37 REPORT AND RECOMMENDATIONS. Responses due by 11/21/2019 (BIA) |
Filing 43 ENDORSED ORDER granting #42 Motion for Extension of Time to File Response/Reply; granting #42 Motion for Leave to File Excess Pages. Plaintiff MAZ Partners shall respond to the Objections on or by November 21, 2019, and may file a single consolidated response of 30 pages. Signed by Judge Paul G. Byron on 11/12/2019. (SCM) |
Filing 42 UNOPPOSED MOTION for Extension of Time to File Response/Reply as to #39 Objection , MOTION for Leave to File Excess Pages and a Consolidated Response to #39 Objection and #41 Objection by Maz Partners LP. (Ruthizer, Joshua) Motions referred to Magistrate Judge Leslie R. Hoffman. Modified on 11/12/2019 (RDO). |
Filing 41 OBJECTION to #37 Report and Recommendations by Christian Romandetti, Sr.. (Scheller, Fritz) |
Reset deadline: Defendant's Objections to R&R due by 11/8/2019 (LDJ) |
Filing 40 ENDORSED ORDER granting #38 Motion for Extension of Time to File. On or before November 8, 2019, Defendant Romandetti may file objections to #37 Report and Recommendation. The Court admonishes that parties should not wait until the deadline before requesting future extensions. Signed by Judge Paul G. Byron on 11/1/2019. (JRR) |
Filing 39 OBJECTION re #37 REPORT AND RECOMMENDATIONS re #28 MOTION to Dismiss Complaint filed by Christian Romandetti, Sr., #13 MOTION to Dismiss Complaint filed by First Choice Healthcare Solutions, Inc. (Attachment: #1 Composite Exhibit A)(Miller, Brian) Modified on 10/31/2019 (EJS). |
Filing 38 Unopposed MOTION for Extension of 7 Days Time to File Objections to the Magistrate's Report and Recommendation by Christian Romandetti, Sr. (Scheller, Fritz) Modified on 10/31/2019 (EJS). |
Filing 37 REPORT AND RECOMMENDATIONS re #13 MOTION to Dismiss Complaint filed by First Choice Healthcare Solutions, Inc. #28 MOTION to Dismiss Complaint filed by Christian Romandetti, Sr. Signed by Magistrate Judge Leslie R. Hoffman on 10/16/2019. (MKH) |
Filing 36 MEMORANDUM in opposition re #28 Motion to dismiss, #13 Motion to dismiss filed by Maz Partners LP. (Ruthizer, Joshua) |
Filing 35 ORDER adopting #34 REPORT AND RECOMMENDATIONS re #29 MOTION for miscellaneous relief, specifically for appointment as lead plaintiff and approval of selection of counsel and accompanying memorandum of law filed by Maz Partners LP. MAZ Partners LP's Motion for Appointment of Lead Plaintiff and Approval of Selection of Counsel (Doc. 29) is GRANTED IN PART AND DENIED IN PART. See Order for details. Signed by Judge Paul G. Byron on 6/27/2019. (MMW) |
Filing 34 REPORT AND RECOMMENDATIONS re #29 MOTION for miscellaneous relief, specifically for appointment as lead plaintiff and approval of selection of counsel and accompanying memorandum of law filed by Maz Partners LP. Signed by Magistrate Judge Leslie R. Hoffman on 6/12/2019. (MKH) |
Set deadlines as to #28 MOTION to Dismiss Complaint , #13 MOTION to Dismiss Complaint . Response due by 6/28/2019. (AC) |
Filing 33 ORDER granting in part and denying in part #19 Motion for Extension of Time to File Response/Reply and Motion to Stay; granting in part and denying in part #20 Motion to Stay. See Order for additional details. Signed by Magistrate Judge Leslie R. Hoffman on 5/29/2019. (MKH) |
Filing 32 ORDER: The timeframe prescribed in Rule 4.04(b) is waived. The parties are DIRECTED to confer regarding deadlines pertinent to a motion for class certification and advise the Court of agreeable deadlines in their case management report. The deadlines should include a deadline for (1) disclosure of expert reports - class action, plaintiff and defendant; (2) discovery - class action; (3) motion for class certification; (4) response to motion for class certification; and (5) reply to response to motion for class certification. Signed by Judge Paul G. Byron on 5/29/2019. (MMW) |
Filing 30 Minute Entry. Proceedings held before Magistrate Judge Leslie R. Hoffman: MOTION HEARING held on 5/29/2019 re #20 MOTION to Dismiss WITHOUT PREJUDICE or to MOTION to stay stay briefing of Healthcare Solution's Motion to Dismiss MOTION for miscellaneous relief, specifically establishing an orderly procedure to comply MOTION for Extension of Time to File Response as to #13 MOTION to Dismiss Complaint filed by Maz Partners LP, #19 Unopposed MOTION for Extension of Time to File Response as to #13 MOTION to Dismiss Complaint MOTION to stay THE DEADLINES FOR THE CASE MANAGEMENT CONFERENCE AND FOR PLAINTIFF TO MOVE FOR CLASS CERTIFICATION filed by Maz Partners LP. (DIGITAL) (ECJ) |
Filing 29 MOTION for Miscellaneous Relief, Specifically for Appointment as Lead Plaintiff and Approval of Selection of Counsel and Accompanying Memorandum of Law by Maz Partners LP. (Attachments: #1 Affidavit Declaration of Chet Waldman, #2 Exhibit A to Waldman Decl., #3 Exhibit B to Waldman Decl., #4 Exhibit C to Waldman Decl., #5 Exhibit D to Waldman Decl., #6 Exhibit E to Waldman Decl.)(Ruthizer, Joshua) Modified on 5/29/2019 (AC). |
***PRO HAC VICE FEES paid by attorney Chet B. Waldman, appearing on behalf of Maz Partners LP (Filing fee $150 receipt number ORL082917.) Related document: #26 Unopposed MOTION for Chet B. Waldman to appear pro hac vice. (AC) |
Filing 28 MOTION to Dismiss Complaint by Christian Romandetti, Sr.. (Scheller, Fritz) |
Filing 27 ORDER granting #26 motion to appear pro hac vice. Signed by Magistrate Judge Leslie R. Hoffman on 5/21/2019. (MKH) |
Filing 26 Unopposed MOTION for Chet B. Waldman to appear pro hac vice by Maz Partners LP. (Cohen, Ronald) Motions referred to Magistrate Judge Leslie R. Hoffman. |
Filing 25 RESPONSE in Opposition re #20 MOTION to (1) Dismiss Without Prejudice, or Stay Briefing of, Defendant First Choice Healthcare Solutions, Inc.'s Motion to Dismiss, (2) to Establish an Orderly Procedure to Comply with the Private Securities Litigation Reform Act and Conduct Initial Stages of the Litigation, and (3) in the Alternative for an Enlargement of Time of 30 Days to Respond to Defendant's Motion to Dismiss by First Choice Healthcare Solutions, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Miller, Brian) Modified on 5/22/2019 (AC). |
Filing 24 CERTIFICATE of interested persons and corporate disclosure statement re #18 Interested persons order by Christian Romandetti, Sr. (Scheller, Fritz) |
Filing 23 ORDER Setting Hearing on Motion #19 and Motion #20. Motion Hearing set for 5/29/2019 at 10:00 AM in Orlando Courtroom 5D before Magistrate Judge Leslie R. Hoffman. The deadline for Defendants to respond to Plaintiff's motions is modified to May 22, 2019 at 5:00 p.m. The deadlines for Plaintiff to respond to the motion to dismiss and the parties to conduct the Case Management Conference are temporarily STAYED pending further order from the Court. See Order for additional details. Signed by Magistrate Judge Leslie R. Hoffman on 5/13/2019. (MKH) |
Filing 22 NOTICE of Appearance by Ronald Jay Cohen on behalf of Maz Partners LP (Cohen, Ronald) |
Filing 21 NOTICE of Defendant Objections by Christian Romandetti, Sr. re #20 MOTION to Dismiss Without Prejudice Defendant First Choice Healthcare Solutions, Inc.'s Motion to Dismiss, MOTION to stay re #13 MOTION to Dismiss Complaint until After a Lead Plaintiff is Appointed, MOTION for miscellaneous relief, specifically to enter a scheduling order to establish an orderly procedure to comply with the Private Securities Litigation Reform Act and Conduct the Initial Stages of the Litigation, MOTION for Extension of Time to File Response as to #13, MOTION to Dismiss Complaint #19 Unopposed MOTION for Extension of Time to File Response as to #13 MOTION to Dismiss Complaint, MOTION to stay the Deadlines for the Case Management Conference and for Plaintiff to Move for Class Certification. (Scheller, Fritz) Modified on 5/14/2019 (AC). |
Filing 20 MOTION to Dismiss without prejudice or MOTION to stay briefing of Healthcare Solution's Motion to Dismiss, MOTION for miscellaneous relief, specifically to establish an orderly procedure to comply with PSLRA, and in the alternative, MOTION for Extension of Time to File Response as to #13 MOTION to Dismiss Complaint. by Maz Partners LP. (Attachments: #1 Exhibit A - Spiegel v. Tenfold Corp., #2 Exhibit B - Casey v. Windmere-Durable Holdings, Inc., #3 Exhibit C - Cohen v. Saf T Lok, Inc., #4 Exhibit D - McIlvaine v. Arthrocare Corp.)(Ruthizer, Joshua) Motions referred to Magistrate Judge Leslie R. Hoffman. Modified on 5/13/2019 (MAA). |
Filing 19 Unopposed MOTION for Extension of Time to File Response as to #13 MOTION to Dismiss Complaint , MOTION to stay The Deadlines for the Case Management Conference and for Plaintiff to Move for Class Certification, and Incorporated Memorandum of Law by Maz Partners LP. (Ruthizer, Joshua) Motions referred to Magistrate Judge Leslie R. Hoffman. Modified on 5/13/2019 (AC). |
Filing 18 INTERESTED PERSONS ORDER. Defendant Christian Romandetti, Sr. shall file a Certificate of Interested Persons within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 5/6/2019. (GNB) copies e-mailed |
Filing 17 NOTICE of Appearance by Jonathan Lamet on behalf of First Choice Healthcare Solutions, Inc. (Lamet, Jonathan) |
Filing 16 NOTICE of Appearance by Samantha Joy Kavanaugh on behalf of First Choice Healthcare Solutions, Inc. (Kavanaugh, Samantha) |
Filing 15 NOTICE of Appearance by Ross Elliot Linzer on behalf of First Choice Healthcare Solutions, Inc. (Linzer, Ross) |
Reset deadline: For Christian Romandetti, Sr. Answer due by 5/22/2019. (AC) |
Filing 14 ENDORSED ORDER granting #11 Motion for Extension of Time to Respond to the Complaint. On or before May 22, 2019, the Defendant Christian Romandetti, Sr., shall file his response to the Complaint. Signed by Magistrate Judge Leslie R. Hoffman on 5/1/2019. (MDH) |
Filing 13 MOTION to Dismiss Complaint and Incorporated Memorandum of Law by First Choice Healthcare Solutions, Inc. (Attachments: #1 Exhibit A - Form 10-K Year Ending 12/31/17, #2 Exhibit B - Form 10-K Year Ending 12/31/14, #3 Exhibit C - Form 8-K filed 1/2/19)(Miller, Brian) Modified on 5/1/2019 (AC). |
Filing 12 CERTIFICATE of interested persons and corporate disclosure statement re #4 Interested persons order by First Choice Healthcare Solutions, Inc. Identifying Corporate Parent Christian Romandetti, Sr., Corporate Parent Steward Physician Contracting, Inc. for First Choice Healthcare Solutions, Inc. (Miller, Brian) |
Filing 11 Unopposed MOTION to Enlarge the Time to Respond to the Complaint as to #1 Complaint until May 22, 2019 by Christian Romandetti, Sr. (Scheller, Fritz) Motions referred to Magistrate Judge Leslie R. Hoffman. Modified on 5/1/2019 (AC). |
Filing 10 NOTICE of Appearance by Fritz J. Scheller on behalf of Christian Romandetti, Sr. (Scheller, Fritz) |
Filing 9 RETURN of service executed on April 10, 2019 by Maz Partners LP as to Christian Romandetti, Sr. (Ruthizer, Joshua). |
Filing 8 RETURN of service executed on April 10, 2019 by Maz Partners LP as to First Choice Healthcare Solutions, Inc. (Ruthizer, Joshua). |
Filing 7 NOTICE of pendency of related cases re #3 Related case order and track 2 notice per Local Rule 1.04(d) by Maz Partners LP. Related case(s): yes (Ruthizer, Joshua) |
Filing 6 CERTIFICATE of interested persons and corporate disclosure statement re #4 Interested persons order by Maz Partners LP identifying Other Affiliate MAZ Capital Advisors LLC, Other Affiliate Walter Schenker for Maz Partners LP.. (Ruthizer, Joshua) |
Filing 5 SUMMONS issued as to First Choice Healthcare Solutions, Inc., Christian Romandetti, Sr. (MAA) |
Filing 4 INTERESTED PERSONS ORDER. The Certificate of Interested Persons shall be filed within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 4/5/2019. (GNB) copies e-mailed |
Filing 3 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. The Notice of Pendency of Other Actions shall be filed within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 4/5/2019. (GNB) copies e-mailed |
FILING FEES paid by Maz Partners LP (Filing fee $400.00 receipt number ORL081692) (JP) |
Filing 2 NEW CASE ASSIGNED to Judge Paul G. Byron and Magistrate Judge Leslie R. Hoffman. New case number: 6:19-cv-619-Orl-40LRH. (SJB) |
Filing 1 COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS against All Defendants with Jury Demand filed by Maz Partners LP. (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 Proposed Summons)(Ruthizer, Joshua) Modified on 4/1/2019 to correct docket text (SJB). |
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