Oviedo Medical Center, LLC v. Adventist Health System/Sunbelt, Inc.
Plaintiff: OVIEDO MEDICAL CENTER, LLC
Defendant: ADVENTIST HEALTH SYSTEM/SUNBELT, INC. d/b/a ADVENTHEALTH OVIEDO ER and Adventis Health System/Sunbelt, Inc.
Case Number: 6:2019cv01711
Filed: August 30, 2019
Court: US District Court for the Middle District of Florida
Presiding Judge: Wendy W Berger
Referring Judge: Embry J Kidd
Nature of Suit: Trademark
Cause of Action: 15:1125
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 21, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 21, 2019 Filing 44 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)
October 21, 2019 Filing 43 TRANSCRIPT of Motion Hearing re: Plaintiff's Motion for Preliminary Injunction (Doc #9) held on October 10, 2019, before Judge Wendy W. Berger. Court Reporter: Heather Jewett, RPR, FCRR, heatherjewett.focr@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 11/12/2019. Redacted Transcript Deadline set for 11/21/2019. Release of Transcript Restriction set for 1/21/2020. (HLJ)
October 17, 2019 Filing 42 NOTICE by Oviedo Medical Center, LLC of Filing Demonstrative Exhibits (Attachments: #1 Exhibit A, #2 Exhibit B)(Pincow, Emily)
October 16, 2019 Filing 41 MOTION to Dismiss Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and Memorandum in Support by Adventis Health System/Sunbelt, Inc.. (Downs, Mayanne)
October 15, 2019 Opinion or Order Filing 40 ORDER denying #23 Motion for Preliminary Injunction. Signed by Judge Wendy W. Berger on 10/15/2019. (RMF)(Copies mailed).
October 10, 2019 Filing 39 Minute Entry. Proceedings held before Judge Wendy W. Berger: MOTION HEARING held on 10/10/2019 re #23 MOTION for preliminary injunction entry filed by Oviedo Medical Center, LLC. Court Reporter: Heather L. Jewett (RMF)
October 8, 2019 Opinion or Order Filing 38 ORDER granting #35 Motion to allow electronic equipment; granting #37 Motion to allow electronic equipment. Signed by Judge Wendy W. Berger on 10/8/2019. (RMF)
October 4, 2019 Filing 37 Unopposed MOTION to allow electronic equipment, specifically 2 laptops, ancillary power supplies, cables and connectors by Oviedo Medical Center, LLC. (Pincow, Emily)
October 3, 2019 Filing 36 RESPONSE in Opposition re #23 MOTION for preliminary injunction entry filed by Adventis Health System/Sunbelt, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Downs, Mayanne)
October 3, 2019 Filing 35 Unopposed MOTION to allow electronic equipment, specifically 2 laptops, ancillary power supplies, cables and connectors needed to operate the authorized equipment by Adventis Health System/Sunbelt, Inc.. (Downs, Mayanne)
October 3, 2019 Filing 34 NOTICE by Adventis Health System/Sunbelt, Inc. of Filing Disk and Data Storage Device in Support of Defendant's Opposition to Plaintiff's Renewed Motion for Entry of Preliminary Injunction (Downs, Mayanne)
September 26, 2019 Opinion or Order Filing 33 ENDORSED ORDER granting #32 Defendant's Unopposed Motion for Extension of Time. Defendant shall answer or otherwise respond to the Complaint on or before October 16, 2019. Signed by Magistrate Judge Embry J. Kidd on 9/26/2019. (RMN)
September 25, 2019 Filing 32 Unopposed MOTION for Extension of Time to File Response to Complaint by Adventis Health System/Sunbelt, Inc.. (Downs, Mayanne)
September 25, 2019 Filing 31 CERTIFICATE of interested persons and corporate disclosure statement re #22 Interested persons order by Oviedo Medical Center, LLC identifying Corporate Parent HCA Healthcare, Inc., Other Affiliate HCA Inc., Other Affiliate Healthtrust, Inc. - The Hospital Company for Oviedo Medical Center, LLC.. (Pincow, Emily)
September 25, 2019 Filing 30 NOTICE of pendency of related cases per Local Rule 1.04(d) by Oviedo Medical Center, LLC. Related case(s): no (Pincow, Emily)
September 20, 2019 Filing 29 NOTICE of pendency of related cases re #20 Related case order and track 2 notice per Local Rule 1.04(d) by Adventis Health System/Sunbelt, Inc.. Related case(s): No (Downs, Mayanne)
September 20, 2019 Filing 28 CERTIFICATE of interested persons and corporate disclosure statement re #22 Interested persons order by Adventis Health System/Sunbelt, Inc.. (Downs, Mayanne)
September 17, 2019 Filing 27 NOTICE OF RESCHEDULING HEARING: The Motion Hearing hearing previously scheduled for 9/18/2019 is rescheduled. New scheduling date and time: Motion Hearing set for 10/10/2019 at 09:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. The Court has reserved 2 hours for this hearing. (RMF)(Copies mailed).
September 17, 2019 Opinion or Order Filing 26 ENDORSED ORDER granting #25 Unopposed Motion to Reschedule Preliminary Injunction Hearing. An amended notice of hearing will be issued separately. Signed by Judge Wendy W. Berger on 9/17/2019. (MDJ)
September 16, 2019 Filing 25 Unopposed MOTION for miscellaneous relief, specifically to Reschedule Preliminary Injunction Hearing by Oviedo Medical Center, LLC. (Pincow, Emily)
September 16, 2019 ***PRO HAC VICE FEES paid by attorney Dennis D. Murrell, Elisabeth S. Gray, Brian P. McGraw;, appearing on behalf of Oviedo Medical Center, LLC (Filing fee $450 receipt number ORL085523.) Related document: #13 Unopposed MOTION for Dennis D. Murrell to appear pro hac vice, #14 Unopposed MOTION for Brian P. McGraw to appear pro hac vice, #12 Unopposed MOTION for Elisabeth S. Gray to appear pro hac vice. (JP)
September 16, 2019 Filing 24 NOTICE of hearing on motion re #23 MOTION for preliminary injunction entry. Motion Hearing set for 9/18/2019 at 09:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. The Court has reserved 2 hours for this hearing (RMF)(Copies mailed).
September 13, 2019 Filing 23 MOTION for preliminary injunction entry by Oviedo Medical Center, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Pincow, Emily)
September 13, 2019 Opinion or Order Filing 22 INTERESTED PERSONS ORDER for Plaintiff and Defendant. Certificate of interested persons and corporate disclosure statement due by 9/27/2019. Signed by Judge Wendy W. Berger on 9/13/2019. (copies mailed/emailed)(AKC)
September 13, 2019 Filing 21 NOTICE canceling Motion Hearing scheduled for 9/18/2019 (RMF)(Copies mailed).
September 13, 2019 Filing 20 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 9/27/2019. Signed by Deputy Clerk on 9/13/2019. (copies mailed/emailed)(AKC)
September 12, 2019 Filing 19 NOTICE of Appearance by Michael John Colitz, III on behalf of Adventis Health System/Sunbelt, Inc. (Colitz, Michael)
September 12, 2019 Filing 18 NOTICE of Appearance by Jason Alec Zimmerman on behalf of Adventis Health System/Sunbelt, Inc. (Zimmerman, Jason)
September 12, 2019 Filing 17 NOTICE of withdrawal of motion by Oviedo Medical Center, LLC re #6 MOTION for preliminary injunction (filed as MEMORANDUM in support) re #1 Complaint of Its Motion for Entry of a Preliminary Injunction filed by Oviedo Medical Center, LLC (Pincow, Emily)
September 11, 2019 Filing 16 RESPONSE in Opposition re #6 MOTION for preliminary injunction (filed as MEMORANDUM in support) re #1 Complaint of Its Motion for Entry of a Preliminary Injunction filed by Adventis Health System/Sunbelt, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Downs, Mayanne)
September 11, 2019 Opinion or Order Filing 15 ORDER granting #12 Unopposed Motion for Admission Pro Hac Vice of Elisabeth S. Gray; granting #13 Unopposed Motion for Admission Pro Hac Vice of Dennis D. Murrell; granting #14 Unopposed Motion for Admission Pro Hac Vice of Brian P. McGraw. Signed by Magistrate Judge Embry J. Kidd on 9/11/2019. (RMN)
September 10, 2019 Filing 14 Unopposed MOTION for Brian P. McGraw to appear pro hac vice by Oviedo Medical Center, LLC. (Pincow, Emily) Motions referred to Magistrate Judge Embry J. Kidd.
September 10, 2019 Filing 13 Unopposed MOTION for Dennis D. Murrell to appear pro hac vice by Oviedo Medical Center, LLC. (Pincow, Emily) Motions referred to Magistrate Judge Embry J. Kidd.
September 10, 2019 Filing 12 Unopposed MOTION for Elisabeth S. Gray to appear pro hac vice by Oviedo Medical Center, LLC. (Pincow, Emily) Motions referred to Magistrate Judge Embry J. Kidd.
September 10, 2019 Filing 11 NOTICE of hearing on motion re #6 MOTION for preliminary injunction (filed as MEMORANDUM in support) re #1 Complaint of Its Motion for Entry of a Preliminary Injunction. Motion Hearing set for 9/18/2019 at 09:00 AM in Orlando Courtroom 3B before Judge Wendy W. Berger. (RMF)
September 10, 2019 Opinion or Order Filing 10 ENDORSED ORDER granting #9 Motion for Hearing. Hearing will be set by separate Notice. Signed by Judge Wendy W. Berger on 9/10/2019. (RMF)
September 9, 2019 Filing 9 (Construed as Motion for Hearing) NOTICE by Oviedo Medical Center, LLC of Request for Preliminary Injunction Hearing (Pincow, Emily) Modified on 9/10/2019 (RMF).
September 9, 2019 Filing 8 RETURN of service executed on 09/05/2019 by Oviedo Medical Center, LLC as to Adventis Health System/Sunbelt, Inc.. (Pincow, Emily)
September 3, 2019 Filing 7 Rule 7.1 CORPORATE Disclosure Statement by Oviedo Medical Center, LLC identifying Corporate Parent HCA Healthcare, Inc., Other Affiliate HCA, Inc., Other Affiliate Healthtrust, Inc. - The Hospital Company, Other Affiliate HTI Hospital Holdings, Inc. for Oviedo Medical Center, LLC.. (Goldberg, Martin) Modified on 9/4/2019 (SPM).
September 3, 2019 Filing 6 MOTION for preliminary injunction (filed as MEMORANDUM in support) re #1 Complaint of Its Motion for Entry of a Preliminary Injunction filed by Oviedo Medical Center, LLC. (Goldberg, Martin) Modified on 9/4/2019 (SPM).
September 3, 2019 Filing 5 Trademark Report sent to Alexandria, VA. (Attachments: #1 Copy of complaint with exhibits) (AG)
September 3, 2019 Filing 4 NOTICE to counsel Brian McGraw; Dennis D. Murrel; Elisabeth S. Gray of Local Rule 2.02, Special Admission to Practice - Non-resident attorney shall file a written designation and consent-to-act on the part of some member of the bar of this Court; Pay the $150.00 Special Admission Fee; Complete the E-Filer Registration Form to obtain a login and password for CM/ECF; Local counsel must electronically file a Motion to appear Pro Hac Vice on behalf of the non-resident attorney. (Signed by Deputy Clerk) (AG)
September 3, 2019 Filing 3 SUMMONS issued as to Adventis Health System/Sunbelt, Inc. (AG)
September 3, 2019 Filing 2 NEW CASE ASSIGNED to Judge Wendy W. Berger and Magistrate Judge Embry J. Kidd. New case number: 6:19-cv-1711-Orl-78EJK. (SJB)
August 30, 2019 Filing 1 COMPLAINT for Injunctive Relief against Adventist Health System/Sunbelt, Inc. with Jury Demand (Filing fee $ 400 receipt number 113A-15871654) filed by Oviedo Medical Center, LLC. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26)(Goldberg, Martin) Modified tex on 9/3/2019 (AG).

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Defendant: ADVENTIST HEALTH SYSTEM/SUNBELT, INC. d/b/a ADVENTHEALTH OVIEDO ER
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Defendant: Adventis Health System/Sunbelt, Inc.
Represented By: Jason Alec Zimmerman
Represented By: Mayanne Downs
Represented By: Michael John Colitz, III
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Plaintiff: OVIEDO MEDICAL CENTER, LLC
Represented By: Martin B. Goldberg
Represented By: Elisabeth S. Gray
Represented By: Dennis D. Murrell
Represented By: Brian P. McGraw
Represented By: Emily Pincow
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