Gilbert et al v. BioPlus Specialty Pharmacy Services, LLC
| Bonnie Gilbert, Catherine Smith, Robert Queeman, David Gatz, Wendy Bryan, Lori Grader, Daryl Swanson, Patricia White, Alicia Dunn, Crystal Hullett and Stephen Gabbard |
| BioPlus Specialty Pharmacy Services, LLC |
| 6:2021cv02158 |
| December 27, 2021 |
| US District Court for the Middle District of Florida |
| Roy B Dalton |
| Daniel C Irick |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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Filing 65
ENDORSED ORDER DIRECTING the Clerk to administratively close this case and TERMINATE all pending motions in light of the parties' notice of settlement (Doc. #64). The parties are DIRECTED to file a motion for preliminary approval of proposed class settlement and other related filings by Monday, June 26, 2023. Signed by Judge Roy B. Dalton, Jr. on 4/27/2023. (JLR)
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| Filing 64 NOTICE of settlement by Wendy Bryan, Alicia Dunn, Stephen Gabbard, David Gatz, Bonnie Gilbert, Lori Grader, Crystal Hullett, Daryl Swanson, Patricia White (Yanchunis, John) |
| Filing 63 Amended Partial MOTION to Dismiss Count III of the Third Amended Consolidated Class Action Complaint and Brief in Support Thereof by BioPlus Specialty Pharmacy Services, LLC. (Wiech, Christopher) Modified on 4/5/2023 to edit the docket text (RPB). |
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Filing 62
ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #61 Motion to Dismiss for Failure to State a Claim. Signed by Judge Roy B. Dalton, Jr. on 4/3/2023. (Dalton, Jr., Roy)
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| Filing 61 MOTION to Dismiss for Failure to State a Claim of Count III of Third Amended Consolidated Class Action Complaint by BioPlus Specialty Pharmacy Services, LLC. (Wiech, Christopher) |
| Filing 60 THIRD AMENDED COMPLAINT Consolidated Class Action against BioPlus Specialty Pharmacy Services, LLC with Jury Demand. filed by David Gatz, Alicia Dunn, Stephen Gabbard, Daryl Swanson, Patricia White, Wendy Bryan, Bonnie Gilbert, Lori Grader, Crystal Hullett.(Coates, Terence) Modified on 3/20/2023 to edit docket text (KNC). |
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Filing 59
ORDER granting in part and denying in part #38 Motion to Dismiss. See Order for details. By Friday, March 17, 2023, Plaintiffs may file a third amended complaint. Signed by Judge Roy B. Dalton, Jr. on 3/3/2023. (ALL)
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Filing 58
ENDORSED ORDER denying the parties' joint Motion to Stay the Case Schedule (Doc. #57). Signed by Judge Roy B. Dalton, Jr. on 2/21/2023. (JLR)
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| Filing 57 Joint MOTION to Stay the Case Schedule by Wendy Bryan, Alicia Dunn, Stephen Gabbard, David Gatz, Bonnie Gilbert, Lori Grader, Crystal Hullett, Daryl Swanson, Patricia White. (Attachments: #1 Text of Proposed Order)(Coates, Terence) |
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Filing 56
ENDORSED ORDER granting #55 Motion to Appear Pro Hac Vice. Peter J. Jannace is 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 1/10/2023. (Irick, Daniel)
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| Filing 55 Unopposed MOTION for Peter Jannace to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20378281 for $150 by Wendy Bryan, Alicia Dunn, Stephen Gabbard, David Gatz, Bonnie Gilbert, Lori Grader, Crystal Hullett, Daryl Swanson, Patricia White. (Attachments: #1 Exhibit Certificate of Good Standing)(Kaufman, Avi) Motions referred to Magistrate Judge Daniel C. Irick. |
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Filing 54
ORDER for Peter J. Jannace to register for CM/ECF no later than Friday, January 20, 2023. Signed by Judge Roy B. Dalton, Jr. on 1/2/2023. (KM)
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Filing 52
AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 11/10/2023, Dispositive motions due by 1/9/2024, Pretrial statement due by 6/13/2024, All other motions due by 5/30/2024, Plaintiff disclosure of expert report due by 9/30/2023, Defendant disclosure of expert report due by 11/4/2023, Final Pretrial Conference set for 6/20/2024 at 10:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. Jury Trial set for term commencing 7/1/2024 at 09:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. Signed by Judge Roy B. Dalton, Jr. on 11/23/2022. (ALL)
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Filing 51
ORDER granting #50 Joint Motion to Amend Case Management and Scheduling Order. An Amended Case Management and Scheduling Order will be entered separately to reflect the new deadlines. Signed by Judge Roy B. Dalton, Jr. on 11/23/2022. (ALL)
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| Filing 50 Joint MOTION to Amend #34 Case Management / FLSA / ADA / Social Security / Scheduling Order, by Wendy Bryan, Alicia Dunn, Stephen Gabbard, David Gatz, Bonnie Gilbert, Lori Grader, Crystal Hullett, Daryl Swanson, Patricia White. (Yanchunis, John) |
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Filing 49
It is ORDERED that attorney Tyler J. Bean is DIRECTED to register for CM/ECF no later than Friday, November 18, 2022. Signed by Judge Roy B. Dalton, Jr. on 11/2/2022. (ALL)
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Filing 48
It is ORDERED that attorney Dylan J. Gould is DIRECTED to register for CM/ECF no later than Friday, November 18, 2022. Signed by Judge Roy B. Dalton, Jr. on 11/2/2022. (ALL)
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| Filing 47 NOTICE to counsel Lynn A. Toops Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (LDJ) |
| Filing 46 MEDIATION report Hearing held on 8/23/22. Hearing outcome: Did not settle.. (Max, Rodney) |
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Filing 45
ENDORSED ORDER granting #44 Motion to Appear Pro Hac Vice. Tyler J. Bean is 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 7/21/2022. (Irick, Daniel)
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| Filing 44 Unopposed MOTION for Tyler J. Bean to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19799636 for $150 by Wendy Bryan, Patricia White. (Hirsch, Scott) Motions referred to Magistrate Judge Daniel C. Irick. |
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Filing 43
ENDORSED ORDER denying without prejudice #42 Motion to Appear Pro Hac Vice. See Local Rule 2.01(c) (revised Feb. 1, 2021). Signed by Magistrate Judge Daniel C. Irick on 7/20/2022. (Irick, Daniel)
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| Filing 42 (unsigned) Unopposed MOTION for Tyler J. Bean to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19790208 for $150 by Wendy Bryan, Patricia White. (Hirsch, Scott) Motions referred to Magistrate Judge Daniel C. Irick. Modified text on 7/20/2022 (LDJ). |
| Filing 41 REPLY to Response to Motion re #38 Amended MOTION to Dismiss for Failure to State a Claim filed by BioPlus Specialty Pharmacy Services, LLC. (Wiech, Christopher) |
| Filing 40 RESPONSE in Opposition re #38 Amended MOTION to Dismiss for Failure to State a Claim filed by Wendy Bryan, Alicia Dunn, Stephen Gabbard, David Gatz, Bonnie Gilbert, Lori Grader, Crystal Hullett, Daryl Swanson, Patricia White. (Yanchunis, John) |
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Filing 39
ENDORSED ORDER denying as moot #37 Motion to Dismiss for Failure to State a Claim in light of amended motion. Signed by Judge Roy B. Dalton, Jr. on 4/28/2022. (LLM)
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| Filing 38 Amended MOTION to Dismiss for Failure to State a Claim by BioPlus Specialty Pharmacy Services, LLC. (Attachments: #1 Exhibit Letter Notice Samples, #2 Exhibit Online Privacy Policy)(Wiech, Christopher) |
| Filing 37 MOTION to Dismiss for Failure to State a Claim by BioPlus Specialty Pharmacy Services, LLC. (Attachments: #1 Exhibit 1 (Letter Notice Samples), #2 Exhibit 2 (Online Privacy Policy))(Wiech, Christopher) |
| Filing 36 NOTICE of mediation conference/hearing to be held on August 23, 2022 at 10:00 am before (Wiech, Christopher) |
| Filing 35 CASE REFERRED to Mediation. (LDJ) |
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Filing 34
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 7/1/2022 Discovery due by 11/10/2023 Dispositive motions due by 1/9/2024 Pretrial statement due by 6/13/2024 All other motions due by 5/30/2024 Plaintiff disclosure of expert report due by 6/30/2023 Defendant disclosure of expert report due by 8/4/2023 Final Pretrial Conference set for 6/20/2024 at 10:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. Jury Trial set for trial term commencing 7/1/2024 at 09:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. Conduct mediation hearing by 8/26/2022. Lead counsel to coordinate dates. Signed by Judge Roy B. Dalton, Jr. on 4/11/2022. (YG) Modified text on 4/12/2022 (LDJ).
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Filing 33
ENDORSED ORDER granting #32 Motion to Appear Pro Hac Vice. Dylan J. Gould is 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 4/7/2022. (Irick, Daniel)
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| Filing 32 Unopposed MOTION for Dylan J. Gould to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19429589 for $150 by Wendy Bryan, Alicia Dunn, Stephen Gabbard, David Gatz, Bonnie Gilbert, Lori Grader, Crystal Hullett, Daryl Swanson, Patricia White. (Yanchunis, John) Motions referred to Magistrate Judge Daniel C. Irick. |
| Filing 31 Amended CASE MANAGEMENT REPORT. (Yanchunis, John) Modified text on 4/4/2022 (LDJ). |
| Filing 29 Minute Entry. In Person Proceedings held before Magistrate Judge Daniel C. Irick: PRELIMINARY PRETRIAL CONFERENCE held on 3/30/2022. (Digital) (RN) |
| Filing 28 NOTICE to counsel Dylan J. Gould Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (LDJ) (ctp) |
| Filing 27 AMENDED COMPLAINT (Consolidated) against BioPlus Specialty Pharmacy Services, LLC with Jury Demand. filed by David Gatz, Bonnie Gilbert, Wendy Bryan, Lori Grader, Daryl Swanson, Patricia White, Alicia Dunn, Crystal Hullett, Stephen Gabbard.(Yanchunis, John) |
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Filing 25
ORDER Setting Preliminary Pretrial Conference for 3/30/2022 at 10:00 AM in Orlando Courtroom 5 C before Magistrate Judge Daniel C. Irick. At least one counsel of record for Defendant and at least one counsel of record for Plaintiffs and the asserted class shall appear in-person at the conference. See Order. Signed by Magistrate Judge Daniel C. Irick on 3/18/2022. (RN)
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| Filing 24 CASE MANAGEMENT REPORT. (Coates, Terence) |
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Filing 23
ENDORSED ORDER granting #22 Motion to Appear Pro Hac Vice. Joseph M. Lyon is 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 3/9/2022. (Irick, Daniel)
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| PRO HAC VICE FEES paid by attorney Joseph M. Lyon, appearing on behalf of David Gatz, Robert Queeman, Catherine Smith (Filing fee $150 receipt number ORL102565.) Related document: #22 MOTION for Joseph M. Lyon to appear pro hac vice. (ARJ) |
| Filing 22 MOTION for Joseph M. Lyon to appear pro hac vice by Catherine Smith, Robert Queeman, David Gatz. (ARJ) Motions referred to Magistrate Judge Daniel C. Irick. |
| Set deadline: Amended Complaint due by 3/28/2022 Case management report due by 3/11/2022 (LDJ) |
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Filing 21
ORDER granting #18 Motion to Consolidate Cases. The instant case is DESIGNATED the lead case. The Clerk is DIRECTED to terminate all pending motions and deadlines in the other actions and to close those cases. By Friday, March 11, 2022, the parties are DIRECTED to file a consolidated case management report. See Local Rule 3.02(a). By Monday, March 28, 2022, Plaintiffs may file a consolidated second amended complaint.. Signed by Judge Roy B. Dalton, Jr. on 2/24/2022. (YG)
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Filing 20
ENDORSED ORDER granting #19 Unopposed Motion for Extension of Time. Defendant must respond to the Amended Complaint by 3/25/2022. No further extension of this deadline should be sought absent extraordinary good cause. Signed by Magistrate Judge Daniel C. Irick on 2/22/2022. (Irick, Daniel)
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| Filing 19 Second MOTION for Extension of Time to File Answer re #7 Amended Complaint by BioPlus Specialty Pharmacy Services, LLC. (Wiech, Christopher) Motions referred to Magistrate Judge Daniel C. Irick. |
| Filing 18 Unopposed MOTION to Consolidate Cases by Bonnie Gilbert. (Maxey, Ryan) |
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Filing 17
ENDORSED ORDER granting #16 Motion to Appear Pro Hac Vice. Terence R. Coates is 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 2/14/2022. (Irick, Daniel)
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| Filing 16 Unopposed MOTION for Terence R. Coates to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19217980 for $150 by Bonnie Gilbert. (Yanchunis, John) Motions referred to Magistrate Judge Daniel C. Irick. |
| Filing 15 Remark: Doc. #14 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 2/8/2022. (LLM) |
| Filing 14 CERTIFICATE of interested persons and corporate disclosure statement by BioPlus Specialty Pharmacy Services, LLC. (Wiech, Christopher) |
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Filing 13
ENDORSED ORDER granting #11 Motion to Appear Pro Hac Vice; granting #12 Motion to Appear Pro Hac Vice. Christopher A. Wiech and Chelsea M. Lamb 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 1/27/2022. (Irick, Daniel)
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| Filing 12 Unopposed MOTION for Chelsea M. Lamb to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19161424 for $150 by BioPlus Specialty Pharmacy Services, LLC. (Brady, Julie) Motions referred to Magistrate Judge Daniel C. Irick. |
| Filing 11 Unopposed MOTION for Christopher A. Wiech to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19161402 for $150 by BioPlus Specialty Pharmacy Services, LLC. (Brady, Julie) Motions referred to Magistrate Judge Daniel C. Irick. |
| Filing 10 NOTICE to counsel Christopher A. Wiech and Chelsea M. Lamb Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (KNC) ctp |
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Filing 9
ENDORSED ORDER granting #8 Unopposed Motion for Extension of Time. Defendant must respond to the Amended Complaint by 2/22/2022. Signed by Magistrate Judge Daniel C. Irick on 1/25/2022. (Irick, Daniel)
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| Filing 8 Unopposed MOTION for Extension of Time to File Answer re #7 Amended Complaint by BioPlus Specialty Pharmacy Services, LLC. (Brady, Julie) Motions referred to Magistrate Judge Daniel C. Irick. |
| Filing 7 AMENDED COMPLAINT against BioPlus Specialty Pharmacy Services, LLC with Jury Demand. filed by Bonnie Gilbert.(Yanchunis, John) |
| Set deadline: Amended Complaint due by 1/18/2022 (TNP) |
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Filing 6
ORDER. Plaintiff's Complaint (Doc. #1) is DISMISSED WITHOUT PREJUDICE. By Tuesday, January 18, 2022, Plaintiff may file an amended complaint correcting the deficiencies identified in this Order. Signed by Judge Roy B. Dalton, Jr. on 1/4/2022. (LLM)
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Filing 5
STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Daniel C. Irick on 2/1/2021. (RN)
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| Filing 4 SUMMONS issued as to BioPlus Specialty Pharmacy Services, LLC. (KNC) |
| Filing 3 NOTICE to counsel Terence R. Coates and Dylan J. Gould Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (KNC) ctp |
| Filing 2 NEW CASE ASSIGNED to Judge Roy B. Dalton, Jr. and Magistrate Judge Daniel C. Irick. New case number: 6:21-cv-2158-RBD-DCI. (MLJ) |
| Filing 1 COMPLAINT against BioPlus Specialty Pharmacy Services, LLC with Jury Demand (Filing fee $ 402 receipt number AFLMDC-19064585) filed by Bonnie Gilbert. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Yanchunis, John) |
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