Giordano v. ISPM Labs, LLC et al
| Thomas A. Giordano |
| Capstone Diagnostics, LLC, Sparrow Healthcare, LLC, Genus 3 Holdings, LLC, ISPM Labs, LLC d/b/a Capstone Diagnostics, LLC, Genus3, LLC and ISPM Labs, LLC doing business as Capstone Diagnostics, LLC |
| 6:2021cv01832 |
| November 2, 2021 |
| US District Court for the Middle District of Florida |
| Anne C Conway |
| Leslie R Hoffman |
| Leslie Hoffman Price |
| Contract: Other |
| 28 U.S.C. § 1346 Breach of Contract |
| Plaintiff |
Docket Report
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| FEE PAID. Fee for pro hac vice appearance, Receipt No. AFLMDC-19619186 for $150 paid. Special Admission for Non-Resident Attorney Dana B. Hasness. (Gierke, Christina) |
Filing 85
ORDER directing Attorney Dana B. Hasness compliance to Order granting Pro Hac Vice #77 which directed him/her to register with the Court's Electronic Filing System. Counsel has 14 days in which to comply or his/her pro hac vice status may be REVOKED. Signed by Judge Anne C. Conway on 5/16/2022. (AKC)
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Filing 84
ORDER denying #83 Motion to Appoint Arbitrator. Pursuant to the parties agreement they shall choose a single, mutually agreeable arbitrator from the list of neutrals provided by the AAA. If they cannot agree see order for instructions. The case is STAYED and ADMINISTRATIVELY CLOSED (see Doc. No. #75. Signed by Judge Anne C. Conway on 5/12/2022. (AKC)
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| Filing 83 Joint MOTION for Miscellaneous Relief, specifically to appoint arbitrator by all parties. (Gierke, Christina) Text modified on 5/9/2022 (RDO). |
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Filing 82
ORDER denying without prejudice Plaintiff Thomas Giordano's Motion for Leave to File a Second Amended Complaint #67 and dismissing without prejudice Plaintiff's claims against ISPM Labs, LLC d/b/a Capstone Diagnostics,LLC. Plaintiff's claims against Defendant Genus3, LLC and DefendantSparrow Healthcare LLC remain STAYED and the case remains ADMINISTRATIVELY CLOSED (See Doc. 75). Signed by Judge Anne C. Conway on 4/29/2022. (EC1)
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| Filing 81 RESPONSE re 76 Endorsed Order filed by Thomas A. Giordano. (Landesman, Jonathan) Modified on 4/29/2022 (RDO). |
| Filing 80 RESPONSE re #75 Order on Motion to Compel Order on Motion to Stay Order on Motion to Stay Discovery Order on Motion to Strike filed by Thomas A. Giordano. (Gierke, Christina) Modified on 4/25/2022 (corrected spacing) (KNC). |
| Filing 79 RESPONSE re #75 Order on Motion to Compel Order on Motion to Stay Order on Motion to Stay Discovery Order on Motion to Strike filed by Capstone Diagnostics, LLC, ISPM Labs, LLC. (Tiblier, Christian) Modified on 4/25/2022 (corrected spacing) (KNC). |
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Filing 78
ORDER granting #73 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Leslie Hoffman Price on 4/22/2022. (BAB)
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Filing 77
ORDER granting #71 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Leslie Hoffman Price on 4/22/2022. (BAB)
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Filing 76
ENDORSED ORDER: The Court sua sponte grants Plaintiff Thomas A. Giordano leave to file a Reply directed to Defendant Genus3, LLC's Opposition to Plaintiff's Motion for Leave to File a Second Amended Complaint [Doc. 72] and Sparrow Healthcare, LLC's Opposition to Plaintiff's Motion for Leave to File a Second Amended Complaint. [Doc. 74]. Giordano's Reply shall not exceed seven pages inclusive of all parts, M.D. Fla.R.3.01(d), and shall be filed no later than fourteen (14) days from the date of this Order. Signed by Judge Anne C. Conway on 4/15/2022. (Conway, Anne) Modified on 4/18/2022 (EC1). Modified on 4/29/2022 (RDO).
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Filing 75
ORDER granting in part and denying in part #38 Motion to Compel Arbitration; granting #41 Motion to Stay; denying as moot #66 Motion to Stay Discovery; denying as moot #69 Motion to Strike. Parties are ordered to file a status report every 90 days and within 30 days following the final arbitration decision. Signed by Judge Anne C. Conway on 4/15/2022. (AKC)
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| Filing 74 RESPONSE in Opposition re #67 MOTION for Leave to File a Second Amended Complaint filed by Sparrow Healthcare, LLC. (Dorough, Marisa) |
| Filing 73 Unopposed MOTION for Michael E. Clark to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19458209 for $150 by Sparrow Healthcare, LLC. (Dorough, Marisa) Motions referred to Magistrate Judge Leslie Hoffman Price. |
| Filing 72 RESPONSE in Opposition re #67 MOTION for Leave to File a Second Amended Complaint filed by Genus3, LLC. (Butler, Daniel) |
| Filing 71 MOTION for Dana B. Hasness to appear pro hac vice by Thomas A. Giordano. (Gierke, Christina) Motions referred to Magistrate Judge Leslie Hoffman Price. |
| Filing 70 RESPONSE in Opposition re #69 Joint MOTION to Strike #68 Response in Opposition to Motion filed by Thomas A. Giordano. (Landesman, Jonathan) |
| Filing 69 Joint MOTION to Strike #68 Response in Opposition to Motion by Genus3, LLC, Sparrow Healthcare, LLC. (Butler, Daniel) |
| Filing 68 RESPONSE in Opposition re #66 Joint MOTION to Stay Discovery or for Protective Order Pending Determination of Arbitrability of Defendants filed by Thomas A. Giordano. (Landesman, Jonathan) |
| Filing 67 MOTION for Leave to File a Second Amended Complaint by Thomas A. Giordano. (Attachments: #1 Exhibit Proposed Second Amended Complaint, #2 Exhibit Exhibits A-D to Second Amended Complaint)(Gierke, Christina) Motions referred to Magistrate Judge Leslie Hoffman Price. Text modified on 3/31/2022 (RDO). |
| Filing 66 Joint MOTION to Stay Discovery or for Protective Order Pending Determination of Arbitrability of Defendants by Genus3, LLC and Sparrow Healthcare, LLC. (Attachments: #1 Exhibit Interrogatories, RFPs, and Deposition notice to Sparrow.pdf, #2 Exhibit Interrogatories, RFP, Depo notice.pdf)(Dorough, Marisa) Motions referred to Magistrate Judge Leslie Hoffman Price. Modified on 3/25/2022 (RDO). |
| Filing 65 MEDIATION report Hearing held on March 8, 2022. Hearing outcome: Impasse.. (Butler, Daniel) |
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Filing 64
ORDER granting #63 Motion to Withdraw as Attorney. Attorney Marc B. Cytryn terminated as counsel for Plaintiff. Signed by Magistrate Judge Leslie Hoffman Price on 3/10/2022. (TYI)
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| Filing 63 Unopposed MOTION for Marc B. Cytryn, Esquire to Withdraw as Attorney for Plaintiff by Thomas A. Giordano. (Cytryn, Marc) Motions referred to Magistrate Judge Leslie Hoffman Price. |
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Filing 62
ORDER denying without prejudice #61 Motion to Withdraw as Attorney. Signed by Magistrate Judge Leslie Hoffman Price on 3/2/2022. (TYI)
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| Filing 61 NOTICE/MOTION to Withdraw as Attorney by Thomas A. Giordano. (Cytryn, Marc) Modified on 3/2/2022 (RDO). |
| Filing 60 NOTICE of mediation conference/hearing to be held on March 8, 2022 at 9:30 a.m. before Jay M. Cohen. (Landesman, Jonathan) |
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Filing 59
ORDER directing counsel to schedule mediation and file a notice by February 8, 2022 - re 44 Case Referred to Mediation, #55 Notice of selection of mediator filed by Thomas A. Giordano. Signed by Judge Anne C. Conway on 2/3/2022. (counsel emailed)(AKC)
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Filing 58
ORDER re #56 Preliminary pretrial conference. It is ORDERED that the July 7, 2022 mandatory initial disclosures deadline (Doc. #43, at 1) is amended to March 1, 2022. With regard to the other issues raised during the conference, the parties represented that they will continue to engage in good faith negotiations to resolve the issues without Court intervention. Signed by Magistrate Judge Leslie Hoffman Price on 2/3/2022. (TYI)
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| Filing 56 Minute Entry. Virtual Proceedings held before Magistrate Judge Leslie Hoffman Price: PRELIMINARY PRETRIAL CONFERENCE held on 2/3/2022. (DIGITAL) (ECJ) |
| Filing 55 NOTICE OF SELECTION of Jay M. Cohen as mediator by Thomas A. Giordano. (Landesman, Jonathan) |
| Filing 54 NOTICE of Appearance by Christian H Tiblier on behalf of ISPM Labs, LLC d/b/a Capstone Diagnostics, LLC (Tiblier, Christian) |
| Filing 53 NOTICE of Appearance by James Vincent Etscorn on behalf of ISPM Labs, LLC d/b/a Capstone Diagnostics, LLC (Etscorn, James) |
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Filing 52
ORDER granting #51 Motion to Continue. The preliminary pretrial conference previously scheduled for January 26, 2022 (Doc. 50) is RESCHEDULED for 10:00 a.m. on Thursday, February 3, 2022, via the web-based Zoom application. The Court will separately send a Zoom invitation to counsel by email. Signed by Magistrate Judge Leslie R. Hoffman on 1/21/2022. (TYI)
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| Filing 51 Unopposed MOTION to Continue Preliminary Pretrial Conference by Thomas A. Giordano. (Landesman, Jonathan) |
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Filing 50
ORDER Setting Hearing. Preliminary Pretrial Conference set for 1/26/2022 at 02:00 PM before Magistrate Judge Leslie R. Hoffman via the web-based Zoom application. See Order for further details. Signed by Magistrate Judge Leslie R. Hoffman on 1/18/2022. (TYI)
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| Filing 49 RESPONSE in Opposition re #38 MOTION to Compel Arbitration of, or alternatively, to Dismiss Claims against Sparrow, #39 MOTION to Dismiss Complaint , #41 MOTION to Stay or, in the Alternative, MOTION for Extension of Time to Respond re #11 Amended Complaint filed by Thomas A. Giordano. (Attachments: #1 Exhibit "A")(Landesman, Jonathan) |
| Set/reset deadlines as to #38 MOTION to Compel Arbitration of, or alternatively, to Dismiss Claims against Sparrow, #39 MOTION to Dismiss Complaint . Responses due by 1/18/2022 (RDO) |
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Filing 48
ORDER granting #47 Motion for Extension of Time to File Response. The deadline for Plaintiff to file his responses to Defendant Sparrow Healthcare, LLC's Motion to Compel Arbitration (Doc. #38) and Defendant ISPM Labs, LLC's Motion to Dismiss Complaint (Doc. #39) is extended up to and including January 18, 2022. Signed by Magistrate Judge Leslie R. Hoffman on 1/12/2022. (TYI)
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| Filing 47 Unopposed MOTION for Extension of Time to File Response/Reply as to #38 MOTION to Compel Arbitration of, or alternatively, to Dismiss Claims against Sparrow, #39 MOTION to Dismiss Complaint by Thomas A. Giordano. (Landesman, Jonathan) Motions referred to Magistrate Judge Leslie R. Hoffman. |
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Filing 46
ORDER referring case for Preliminary Pretrial Conference before Magistrate Judge Leslie R. Hoffman. Signed by Judge Anne C. Conway on 1/6/2022. (EC1)
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Filing 45
STANDING ORDER on Discovery Motions. Signed by Magistrate Judge Leslie R. Hoffman on 3/3/2021. (TYI)
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| Filing 44 CASE REFERRED to Mediation. Lead counsel shall contact opposing counsel, select a mediator off the court's approved list on the website, contact mediator to schedule mediation and shall file a notice with the court by February 1, 2022 advising the court of the selected mediator and scheduled mediation date. (counsel emailed) (AKC) |
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Filing 43
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 3/31/2022 Joinder of Parties due by 3/31/2022 Discovery due by 9/2/2022 Dispositive motions due by 9/14/2022 Pretrial statement due by 1/24/2023 All other motions due by 10/14/2022 Plaintiff disclosure of expert report due by 7/1/2022 Defendant disclosure of expert report due by 8/1/2022 Jury Trial set for the trial term which commences on 3/1/2023 at 09:00 AM in Orlando Courtroom 6 A before Judge Anne C. Conway. Conduct mediation hearing by 9/10/2022. Lead counsel to coordinate dates. Signed by Judge Anne C. Conway on 1/4/2022. (counsel emailed)(AKC)
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| Filing 42 CASE MANAGEMENT REPORT. (Landesman, Jonathan) |
| Filing 41 MOTION to Stay or, in the Alternative, MOTION for Extension of Time to Respond re #11 Amended Complaint by Genus3, LLC. (Butler, Daniel) Modified on 12/29/2021 (matched text to pleading) (KNC). |
| Filing 40 CERTIFICATE of interested persons and corporate disclosure statement re #34 Interested persons order by Genus3, LLC. (Butler, Daniel) |
| Filing 39 MOTION to Dismiss Complaint by Capstone Diagnostics, LLC, ISPM Labs, LLC d/b/a Capstone Diagnostics, LLC. (Bolz, Henry) |
| Filing 38 MOTION to Compel Arbitration of, or alternatively, to Dismiss Claims against Sparrow by Sparrow Healthcare, LLC. (Dorough, Marisa) Motions referred to Magistrate Judge Leslie R. Hoffman. Text modified on 12/20/2021 (RDO). |
| Filing 37 NOTICE of a related action per Local Rule 1.07(c) by Sparrow Healthcare, LLC. Related case(s): No (Dorough, Marisa) |
| Filing 36 CERTIFICATE of interested persons and corporate disclosure statement re #6 Interested persons order by Sparrow Healthcare, LLC. (Dorough, Marisa) |
| Set/reset deadlines/hearings: for Genus3, LLC. Answer due by 12/28/2021. (RDO) |
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Filing 35
ORDER granting #32 Motion for Extension of Time to File Response. The deadline for Defendant Genus3, LLC to answer or otherwise respond to Plaintiff's amended complaint (Doc. 11) is extended up to and including December 28, 2021. Signed by Magistrate Judge Leslie R. Hoffman on 12/14/2021. (TYI)
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Filing 34
INITIAL CASE ORDER for Defendant Genus3, LLC- Notice of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Parties have 14 days from the date of this order to file their disclosure statement (if not already filed) and to notify the court of a related action (not required if there are no related actions). Signed by Judge Anne C. Conway on 12/13/2021. (copies mailed/emailed)(AKC)
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Filing 33
ORDER denying #26 Motion for Clerk's Default; granting #30 Motion for Extension of Time to File. The deadline for Defendant Sparrow Healthcare, LLC to answer or otherwise respond to Plaintiff's amended complaint (Doc. 11) is extended up to and including December 17, 2021. Plaintiff is advised that all future motions must comply with all applicable rules and orders, and any offending motions may be summarily stricken or denied. Signed by Magistrate Judge Leslie R. Hoffman on 12/13/2021. (TYI)
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| Set/reset deadlines/hearings: for Sparrow Healthcare, LLC. Answer due by 12/17/2021. (RDO) |
| Filing 32 Unopposed MOTION for Extension of Time to File Response/Reply as to #11 Amended Complaint by Genus3, LLC. (Butler, Daniel) Motions referred to Magistrate Judge Leslie R. Hoffman. |
| Filing 31 CORPORATE Disclosure Statement by ISPM Labs, LLC d/b/a Capstone Diagnostics, LLC identifying Corporate Parent ISPM Labs LLC for ISPM Labs, LLC d/b/a Capstone Diagnostics, LLC.. (Bolz, Henry) |
| Filing 30 MOTION for Extension of Time to File Response to Amended Complaint by Sparrow Healthcare, LLC. (Dorough, Marisa) Motions referred to Magistrate Judge Leslie R. Hoffman. Modified on 12/7/2021 (RDO). |
| Filing 29 SUMMONS returned executed on 11/23/2021 as to Genus 3, LLC by Thomas A. Giordano (Gierke, Christina) Modified on 12/7/2021 (RDO). |
| Filing 28 RESPONSE in Opposition re #26 MOTION for Clerk's Default against Sparrow Healthcare, LLC filed by Sparrow Healthcare, LLC. (Dorough, Marisa) |
| Filing 27 ACCEPTANCE of service on behalf of Defendant ISPM Labs, LLC by Thomas A. Giordano (Gierke, Christina) Modified on 12/3/2021 (RDO). |
| Filing 26 MOTION for Clerk's Default against Sparrow Healthcare, LLC by Thomas A. Giordano. (Gierke, Christina) Motions referred to Magistrate Judge Leslie R. Hoffman. |
| Filing 25 Summons Returned Executed on 11/5/2021 as to Sparrow Healthcare LLC by Thomas A. Giordano (Gierke, Christina) Modified on 12/2/2021 (RDO). |
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Filing 24
ORDER granting #22 Motion for Extension of Time to Answer. The deadline for Defendant ISPM Labs, LLC d/b/a Capstone Diagnostics, LLC to answer or otherwise respond to Plaintiff's amended complaint (Doc. #11) is extended up to and including December 17, 2021. Signed by Magistrate Judge Leslie R. Hoffman on 11/23/2021. (TYI)
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Filing 23
INITIAL CASE ORDER for Defendants Capstone Diagnostics LLC and ISPM Labs, LLC - Notice of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Parties have 14 days from the date of this order to file their disclosure statement (if not already filed) and to notify the court of a related action (not required if there are no related actions). Signed by Judge Anne C. Conway on 11/23/2021. (copies mailed/emailed)(AKC)
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| Set/reset deadlines/hearings: for Capstone Diagnostics, LLC. Answer due by 12/17/2021. (RDO) |
| Filing 22 Unopposed MOTION for Extension of Time to File Answer re #11 Amended Complaint by Capstone Diagnostics, LLC. (Bolz, Henry) Motions referred to Magistrate Judge Leslie R. Hoffman. |
| Filing 21 SUMMONS issued as to Genus3, LLC. (RDO) |
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Filing 20
ORDER granting #17 Motion to Appear Pro Hac Vice; granting #18 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Leslie R. Hoffman on 11/19/2021. (TYI)
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Filing 19
ORDER to strike re: #16 Stipulation for Extension of Time filed by Thomas A. Giordano. Signed by Magistrate Judge Leslie R. Hoffman on 11/19/2021. (TYI)
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| Filing 18 Unopposed MOTION for Marc B. Cytryn to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18948882 for $150 by Thomas A. Giordano. (Gierke, Christina) Motions referred to Magistrate Judge Leslie R. Hoffman. |
| Filing 17 Unopposed MOTION for Jonathan Landesman to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18948864 for $150 by Thomas A. Giordano. (Gierke, Christina) Motions referred to Magistrate Judge Leslie R. Hoffman. |
| Filing 16 (STRICKEN BY #19 ORDER) Joint MOTION for Extension of Time to File Response/Reply as to #11 Amended Complaint for ISPM Labs, LLC d/b/a Capstone Diagnostics, LLC by Thomas A. Giordano. (Gierke, Christina) Motions referred to Magistrate Judge Leslie R. Hoffman. Modified on 11/22/2021 (RDO). |
| Filing 15 PROPOSED summons to be issued by Thomas A. Giordano. (Gierke, Christina) |
| Filing 14 NOTICE of Appearance by Henry H. Bolz, IV on behalf of ISPM Labs, LLC d/b/a Capstone Diagnostics, LLC (Bolz, Henry) |
| Filing 13 SUMMONS returned executed on 11/5/2021 as to Defendant Sparrow Healthcare, LLC by Thomas A. Giordano (Gierke, Christina) Modified on 11/17/2021 (RDO). |
| Filing 12 CERTIFICATE of interested persons and corporate disclosure statement re #6 Interested persons order by Thomas A. Giordano. (Gierke, Christina) |
| Filing 11 AMENDED COMPLAINT against Sparrow Healthcare, LLC, ISPM Labs, LLC d/b/a Capstone Diagnostics, LLC, Genus3, LLC with Jury Demand. filed by Thomas A. Giordano. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Gierke, Christina) |
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Filing 10
ORDER: The Order to Show Cause is discharged. Plaintiff is granted leave to file an amended complaint on or before November 19, 2021. Signed by Judge Anne C. Conway on 11/15/2021. (Conway, Anne)
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| Filing 9 RESPONSE TO ORDER TO SHOW CAUSE re #8 Order to show cause filed by Thomas A. Giordano. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Gierke, Christina) |
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Filing 8
ORDER to show cause as to Thomas A. Giordano as to why the case should not be dismissed for lack of federal subject matter jurisdiction. Show Cause Response due within 14 days from the date of this order. Signed by Judge Anne C. Conway on 11/4/2021. (copies mailed/emailed)(AKC)
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| Filing 7 SUMMONS issued as to All Defendants. (RDO) |
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Filing 6
INITIAL CASE ORDER - Notice of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Parties have 14 days from the date of this order to file their disclosure statement (if not already filed) and to notify the court of a related action (not required if there are no related actions). Signed by Judge Anne C. Conway on 11/3/2021. (copies mailed/emailed)(AKC)
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| Filing 5 PROPOSED summons to be issued by Thomas A. Giordano. (Gierke, Christina) |
| Filing 4 PROPOSED summons to be issued by Thomas A. Giordano. (Gierke, Christina) |
| Filing 3 PROPOSED summons to be issued by Thomas A. Giordano. (Gierke, Christina) |
| Filing 2 NEW CASE ASSIGNED to Judge Anne C. Conway and Magistrate Judge Leslie R. Hoffman. New case number: 6:21-cv-1832-ACC-LRH. (SJB) |
| Filing 1 COMPLAINT against Capstone Diagnostics, LLC, Genus 3 Holdings, LLC, Sparrow Healthcare, LLC with Jury Demand (Filing fee $ 402 receipt number AFLMDC-18885086) filed by Thomas A. Giordano. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Gierke, Christina) |
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